[Congressional Record Volume 140, Number 137 (Tuesday, September 27, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GLENN (for himself, Mr. Dorgan, Mr. Roth, Mr. Levin, Mr. 
        DeConcini, Mr. Lieberman, and Mr. Stevens):
  S. 2463. A bill to provide, in accordance with the Federal Advisory 
Committee Act, for the repeal of advisory committees no longer carrying 
out the purposes for which they were established; to the Committee on 
Governmental Affairs.


             the advisory committee termination act of 1994

 Mr. GLENN. Mr. President, today I am pleased to introduce 
legislation, proposed by the administration, to give us a start in 
whittling down the numbers of Federal advisory committees, particularly 
those created by Congress. This follows significant efforts on the 
parts of the President and Vice President to eliminate over 280 other 
advisory committees.
  When President Clinton took office, there were over 1,200 such 
advisory committees, costing at least $140 million per year. Of that 
number, there were approximately 800 such committees of a discretionary 
nature, which are those created by the President directly or, pursuant 
to general authorization, through heads of executive level agencies. 
Another 400 advisory committees can be termed as statutory in nature, 
owing their existence solely to Congress through specific statutory 
authorization.
  I was pleased that one of President Clinton's first acts was to issue 
an Executive order mandating a one-third cut in the numbers of the so-
called discretionary advisory committees. Earlier this year--after 
detailed review and evaluation by Federal agencies, the Committee 
Management Secretariat of the General Services Administration [GSA], 
and the Office of Management and Budget [OMB]--the President announced 
he had exceeded his original target by terminating 284 of these 
committees, with approximate savings of $17 million.
  I do not mean to disparage the work of these committees or the 
efforts of the many qualified individuals who have served on them. I do 
hope they have fulfilled the purpose for which they were created in 
exemplary fashion. But I ask you, Mr. President, is anyone in America 
going to lose sleep over the fact that the National Commission on Sleep 
Disorders has been put to bed? Or what about the 1610/2483 Mhz 
Negotiated Rulemaking Committee. Will their frequency be missed? It 
would seem that the National Advisory Committee on Publications 
Subvention has had their existence subverted.
  I could cite many more, but I use these as examples, not to belittle. 
The point being that, once these entities are created, they invariably 
take on a life of their own. It is probably easier to skate across Lake 
Erie in the dead of winter than it is to keep these numbers under 
control.
  That is not to say that advisory committees, if used properly and 
judiciously, do not play an important role in our Government. They do. 
It is an opportunity for us--and more importantly, Government 
officials--to hear some common sense directly from private citizens, 
consumers, businesses, industry, and scientific experts alike. Some 
would say we could always use more of that here. If these advisory 
committees are created for a limited duration and an explicit purpose, 
say a report to make recommendations on an issue of public policy, they 
can bring sound advice at a relatively cheap cost.
  But what sometimes happens, is that once these committees get going 
they don't want to stop. Like weeds, they can proliferate. We need to 
be able to rake them in once in a while. But to do that--and this is 
where I give credit to the administration--requires much time and 
effort. For who sits on these boards? In some cases, the privilege of 
serving becomes a form of patronage to be dispensed. Who do they 
represent? While oftentimes there is a broad spectrum of interests, in 
other cases it can be very narrow and specialized. For those groups, it 
becomes their channel of communication or participation with an agency. 
So one can see how hard it is, politically speaking, to try and cut 
these committees. Frankly, there is more to gain by just going along 
than there is to take a whack at them. Why make an enemy if you can 
help it?
  Which brings me to the legislation I, and a number of my colleagues--
particularly members of the Governmental Affairs Committee--are 
introducing here today. Previously, I had stated that there were some 
400 advisory committees created by Congress. That, unfortunately, is 
the fastest growing segment in this ballpark. Just a few years ago, 
there were only half as many.
  Now under the Federal Advisory Committee Act [FACA], there are some 
provisions which help constrain the growth of advisory committees by 
making them subject to periodic rechartering and general reviews of 
their performance. While that is still not perfect--and more teeth need 
to be put in--at least it is a start. On the other hand, many of the 
advisory committees created by Congress are not subject to these 
limitations. Oftentimes, they are exempted. Meaning, that their life--
and purpose--are limitless. Further, for the ones which are reviewed 
periodically, there is always some hesitation on the part of the agency 
doing the reviewing to recommend their termination. Again, it is 
politically more expedient.
  Which gets me to the point of why we in Congress establish such 
advisory committees. In some cases, we create them to defer 
consideration of a particularly contentious issue. In others, we are 
looking for more guidance and advice from private citizens in the real 
world. Still more come into existence as the result of agreements made 
on the floor as compromises in return for not offering time-consuming 
or delaying amendments to pending legislation.
  Again, I certainly do not cast any aspersions on those advisory 
groups we have created. But the point is: Once they have been 
statutorily created, it takes an act of Congress to terminate them. 
That is the bill I am introducing here today.
  In the administration's review pursuant to President Clinton's 
Executive Order 31, congressionally created advisory committees were 
recommended for elimination and for which we need to pass legislation 
to do it. Again, it is the agencies themselves which have come up with 
this list recommending for termination committees whose mandate has 
been fulfilled, their usefulness outlived, or their duties better 
performed elsewhere. Each one has a reason of justification.

  The estimated savings are not huge. Only $2.4 million. Even more 
importantly, however, is the fact it shows we in Congress can do 
something to cut the numbers of Government boards and commissions. 
Again, it is only a start. I know we can do better. In fact, I note 
that the Vice President has again directed all agencies to come up with 
further reductions and savings. Moreover, he has indicated that the 
administration will not support new advisory committees unless an 
existing one is terminated.
  I think this makes eminent sense, and is something we should be doing 
in Congress. My hope is that we can do far better than cutting 31 of 
the 410 advisory committees we've created. I'd be thrilled if we could 
emulate the President and make that a one-third cut. So I will be 
following up these efforts by asking my fellow committee chairs and 
ranking members to conduct a similar review and determine which 
advisory committees are still needed.
  I realize this will be a long, hard, and thankless effort. Already, 
in response to this proposed list, we're heard from some of those who 
serve on these groups, or professional organizations whose interests 
are represented on them. Their cases are certainly compelling--they 
cost very little or accomplish a great deal. This may or may not be the 
case, but I'll let my colleagues, in looking at this list, decide for 
themselves.
  In closing, let me thank both the President, Vice President, and 
former OMB Director and now White House Chief of Staff, Leon Panetta, 
for their work and commitment to this job. Further, I'd like to 
acknowledge the interest and support of my able colleague, Senator 
Dorgan, for his continuing efforts in this area.
  Mr. President, I ask unanimous consent that the text of the bill and 
a summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2463

       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 ``Advisory Committee 
     Termination Act of 1994.''

     SEC. 2. REPEAL OF ADVISORY COMMITTEES.

       (a) Department of Agriculture.--
       (1) Swine health advisory committee.--Section 11 of the 
     Swine Health Protection Act (7 U.S.C. 3810), which required 
     the Secretary of Agriculture to appoint a swine health 
     advisory committee or committees, is repealed.
       (2) Cascade head scenic-research area advisory council.--
     Section 8 of the Act of December 22, 1974 (16 U.S.C. 541g), 
     which required the Secretary of Agriculture to appoint a 
     Cascade Head Scenic-Research Area Advisory Council, is 
     repealed.
       (3) Global climate change technical advisory committee.--
     Section 2404 of the Food, Agriculture, Conservation, and 
     Trade Act of 1990 (7 U.S.C. 6703), which required the 
     Secretary of Agriculture to appoint a Global Climate Change 
     Technical Advisory Committee, is repealed.
       (4) Mono basin national forest scenic area advisory 
     board.--Section 306 of the California Wilderness Act of 1984 
     (16 U.S.C. 543e), which established the Mono Basin National 
     Forest Scenic Area Advisory Board, is repealed.
       (5) Nez perce national historic trail advisory council.--
     Section 5(d) of the National Trails System Act, (16 U.S.C. 
     1244(d)), which required the Secretary of Agriculture to 
     establish an advisory council for the Nez Perce National 
     Historic Trail, is amended in the first sentence by inserting 
     before the period at the end ``and the Advisory Council 
     established for the Nez Perce National Historic Trail shall 
     terminate on the effective date of the Advisory Committee 
     Termination Act of 1994.''.
       (b) Department of Defense.--Section 3306 of the National 
     Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 
     98h-1 note), which authorized the Government-Industry 
     Advisory Committee on the Operation and Modernization of the 
     National Defense Stockpile, is repealed.
       (c) Department of Education; Improvement and Reform of 
     Schools and Teaching Fund Board.--
       (1) Fund for the improvement and reform of schools and 
     teaching act.--The Fund for the Improvement and Reform of 
     Schools and Teaching Act (20 U.S.C. 4811 et seq.), which 
     established the Fund Board, is amended--
       (A) in section 3231 (20 U.S.C. 4831)--
       (i) in the heading by striking ``BOARD AUTHORIZED'' and 
     inserting ``DIRECTOR'S RESPONSIBILITIES'';
       ``(ii) by striking subsection (a) and redesignating 
     subsections (b) through (f) as subsections (a) through (e), 
     respectively;
       (iii) in subsection (b)--

       (I) by amending paragraph (3)(A) to read as follows:

       ``(A) coordinate the work of the Fund with the work of the 
     Fund for the Improvement of Postsecondary Education,'';

       (II) by amending paragraph (3)(C) to read as follows:

       ``(C) identify promising initiatives and solicit 
     proposals,'';

       (III) by striking paragraph (2); and
       (IV) by redesignating paragraph (3) as paragraph (2); and

       (iv) in subsection (c)--

       (I) by striking ``PRIORITIES RULE'' and inserting ``PROJECT 
     SUMMARY''; and
       (II) by striking the first two sentences;

       (B) in section 3233 (20 U.S.C. 4833), by striking the 
     second sentence; and
       (C) in section 3243 (20 U.S.C. 4843)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Technical amendment.--Section 551 of the Higher 
     Education Act of 1965 (20 U.S.C. 1107) is amended--
       (A) in subsection (a)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraph (3) as paragraph (2);
       (B) by striking subsection (c); and
       (C) by redesignating subsections (d) through (k) as 
     subsections (c) through (j), respectively.
       (d) Department of Energy--
       (1) Technical advisory committee on verification of fissile 
     material and nuclear warhead controls.--Section 3151(c) of 
     the National Defense Authorization Act for Fiscal Year 1991 
     (Public Law 101-510; 104 Stat. (839)), which authorized the 
     Technical Advisory Committee on Verification of Fissile 
     Material and Nuclear Warhead Controls, is repealed.
       (2) Technical panel on magnetic fusion.--Section 7 of the 
     Magnetic Fusion Energy Engineering Act of 1980 (42 U.S.C. 
     9306), which authorized a technical panel on magnetic fusion, 
     is repealed.
       (e) Department of Health and Human Services.--
       (1) Advisory council on hazardous substances research and 
     training.--Section 311(a)(5) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9660(a)(5)), which authorized an advisory 
     council on hazardous substances research and training, is 
     repealed.
       (2) Advisory council on trauma care systems.--Section 1202 
     of the Public Health Service Act (42 U.S.C. 300d-1), which 
     authorized the Advisory Council on Trauma Care Systems, is 
     repealed.
       (3) Job opportunities and basic skills training program 
     advisory panel.--Section 203(c)(4) of the Family Support Act 
     of 1988 (42 U.S.C. 681 note), which authorized an advisory 
     panel for the evaluation of the Job Opportunities and Basic 
     Skills Training (JOBS) Program, is repealed.
       (4) Board of tea experts.--Section 4 of the Tea Importation 
     Act (21 U.S.C. 42), which authorized a board of tea experts, 
     is repealed.
       (5) Device good manufacturing advisory committee.--Section 
     520(f)(3) of the Federal Food, and Cosmetic Act (21 U.S.C. 
     360j(f)(3)), which authorized a device good manufacturing 
     practice advisory committee, is repealed.
       (6) End stage renal disease data advisory committee.--The 
     second sentence of section 1881(c)(7) of the Social Security 
     Act (42 U.S.C. 1395rr(c)(7)), which authorized a professional 
     advisory group to assist in formulation of policies and 
     procedures relevant to the management of the end stage renal 
     disease registry, is amended by striking everything after 
     ``purpose of such'' and inserting ``registry and shall 
     determine the appropriate location of the registry.''.
       (7) Federal hospital council.--Section 641 of the Public 
     Health Service Act (42 U.S.C. 291k), which authorized the 
     Federal Hospital Council, is repealed.
       (8) National arthritis and musculoskeletal and skin 
     diseases advisory board.--Section 442 of the Public Health 
     Service Act (42 U.S.C. 285d-7), which authorized the National 
     Arthritis and Musculoskeletal and Skin Diseases Advisory 
     Board, is repealed.
       (9) National commission on alcoholism and other alcohol-
     related problems.--Section 18 of the Comprehensive Alcohol 
     Abuse and Alcoholism Prevention, Treatment, and 
     Rehabilitation Act Amendments of 1979 (42 U.S.C. 4541 note), 
     which authorized the National Commission on Alcoholism and 
     Other Alcohol-Related Problems, is repealed.
       (10) National deafness and other communication disorders 
     advisory board.--Section 464D of the Public Health Service 
     Act (42 U.S.C. 285m-4), which authorized the National 
     Deafness and Other Communication Disorders Advisory Board, is 
     repealed.
       (11) National diabetes advisory board, national digestive 
     diseases advisory board, and national kidney and urologic 
     diseases advisory board.--Section 430 of the Public Health 
     Service Act (42 U.S.C. 285c-4), which authorized the National 
     Diabetes Advisory Board, National Digestive Diseases Advisory 
     Board, and National Kidney and Urologic Diseases Advisory 
     Board, is repealed.
       (12) Task force on aging research.--Title III of the Home 
     Health Care and Alzheimer's Disease Amendments of 1990 (42 
     U.S.C. 242q through 242q-5), which authorized the Task Force 
     on Aging Research, is repealed.
       (f) Department of the Interior.--
       (1) Chattahoochee river national recreation area advisory 
     commission.--Section 106 of Public Law 95-344 (16 U.S.C. 
     460ii-5), which authorized the Chattahoochee River National 
     Recreation Area Advisory Commission, is repealed.
       (2) Gulf islands national seashore advisory commission.--
     Section 10 of Public Law 91-660 (16 U.S.C. 459h-9), which 
     authorized the Gulf Islands National Seashore Advisory 
     Commission, is repealed.
       (3) Jefferson national expansion memorial commission.--
     Section 7 of the Act of August 24, 1984 (68 Stat. 98, chapter 
     204; 98 Stat. 1467; 16 U.S.C. 450jj-6), which authorized the 
     Jefferson National Expansion Memorial Commission, is 
     repealed.
       (4) Potomac heritage national scenic trail advisory 
     council.--The first sentence of section 5(d) of the National 
     Trails System Act (16 U.S.C. 1244(d)), which required the 
     Secretary of the Interior to establish an advisory council 
     for the Potomac Heritage National Scenic Trail, is amended by 
     inserting ``except the Potomac Heritage Trail'' after 
     ``respective trail''.
       (g) Department of Justice.--Section 5002 of title 18, 
     United States Code, which authorized the Advisory Corrections 
     Council, is repealed.
       (h) Department of Transportation.--
       (1) Commercial motor vehicle safety regulatory review 
     panel.--Section 31134 of title 49, United States Code, as 
     enacted by Public Law 103-472 (formerly section 209 of the 
     Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2508)), 
     which authorized the Commercial Motor Vehicle Safety 
     Regulatory Review Panel, is repealed.
       (2) National driver register advisory committee.--Section 
     209 of the National Driver Register Act of 1982 (23 U.S.C. 
     401 note), which authorized the National Driver Register 
     Advisory Committee, is repealed.
       (3) National highway safety advisory committee.--Section 
     404 of title 23, United States Code, which authorized the 
     National Highway Safety Advisory Committee, is repealed.
                                  ____


          Justification for the Repeal of Advisory Committees

       (a) Department of Agriculture:
       (1) Advisory Committee on Swine Health Protection. The 
     duties of this committee--to advise the Secretary of 
     Agriculture on matters within the scope of the Swine Health 
     Protection Act of 1980, including assuring effective 
     coordination between Federal and State programs for 
     regulating the feeding of garbage to swine--have been 
     completed. Ongoing swine health issues can be considered by 
     the Advisory Committee on Foreign Animal and Poultry 
     Diseases, established by the Department.
       (2) Cascade Head Scenic-Research Area Advisory Council. The 
     Council has served its intended purposes under its 
     establishing scenic research area legislation and has been 
     inactive since 1982. There have been no recent disputes or 
     substantive issues to be reviewed by the council, and the 
     management of area properties has been proceeding in a 
     cooperative fashion among Federal and local entities 
     concerned.
       (3) Global Climate Change Technical Advisory Committee. The 
     purpose of this committee is to provide advice to the 
     Secretary concerning the major study areas required under the 
     global change research program. The Secretary already 
     receives advice from the private sector in this area through 
     other Departmental advisory committees, and also coordinates 
     its research program through a Federal Global Change Research 
     Task Force and other interagency mechanisms of the global 
     change program.
       (4) Mono Basin National Forest Scenic Area Advisory Board. 
     Although the board is scheduled to terminate under its 
     establishing scenic area legislation on May 22, 1995, the 
     Department believes early termination would not affect the 
     management of the area. The important planning and management 
     issues have been worked through between the board and the 
     Forest Service, and the normal day-to-day management 
     processes for the area are presently functioning. The board 
     has been only moderately active since 1991.
       (5) Nez Perce National Historic Trail Advisory Council. The 
     council, working with the Forest Service, completed the 
     required comprehensive management plan for this historic 
     trail which was dedicated on July 19, 1991. Since then, the 
     council has been inactive. The newly-formed Nez Perce 
     National Historic Trail Foundation has taken on many of the 
     original roles of the council, and is the catalyst in 
     implementing the comprehensive plan and establishing the 
     trail.
       (b) Department of Defense:
       (1) Government-Industry Advisory Committee on the Operation 
     and Modernization of the National Defense Stockpile. Section 
     10(a) of the Strategic and Critical Materials Stock Piling 
     Act of 1939, as amended, gives the President the authority to 
     appoint advisory committees to advise on stockpile matters, 
     but does not require such committees. Most sections of the 
     Stock Piling Act, including section 10, have been delegated 
     to the Secretary of Defense. The Secretary has not chosen to 
     appoint such committees in the past. Information and advice 
     is generally available to Stockpile managers directly from 
     other sources, operationally and contractually, without the 
     need for a formal advisory committee. No members have yet 
     been appointed to this committee.
       (c) Department of Education:
       (1) Fund for the Improvement and Reform of Schools and 
     Teaching Board. The Secretary of Education can carry out the 
     mandate of the Fund for the Improvement and Reform of Schools 
     and Teaching (FIRST) program without the expense and support 
     of a standing advisory committee. The Department's process 
     for peer review of grant applications obviates the need for 
     recommendations from the board in awarding grants under the 
     FIRST program.
       (d) Department of Energy:
       (1) Technical Advisory Committee on Verification of Fissile 
     Material and Nuclear Warhead Controls. The purpose of the 
     committee was to make a one-time report primarily on 
     techniques for mutual verification by the United States and 
     the Soviet Union of certain nuclear weapons disarmament 
     actions and to advise the President on the further 
     development of those techniques. The report was provided to 
     the Congress by the President on October 7, 1991. The 
     disarmament environment has changed greatly since this 
     legislation was enacted and the thrust of verification 
     techniques no longer is directed toward mutually 
     verifiable procedures. The necessity for the committee 
     ended with the submission of the required report.
       (2) Technical Panel on Magnetic Fusion. The Magnetic Fusion 
     Energy Engineering Act of 1980 provided an accelerated 
     program of magnetic fusion research and development leading 
     to the construction and operation of an engineering test 
     device by 1990 and a demonstration plant before the end of 
     this century. The panel was established under the 
     Department's Energy Research Board primarily to review the 
     conduct of the program and report to the board every three 
     years. However, funds were not appropriated to build and 
     operate the test device or the demonstration plant and, as a 
     result, the panel made only two progress reports to the board 
     on the fusion program. The board was abolished in 1989. The 
     Department currently uses a Fusion Energy Advisory Committee 
     as its ongoing committee to review and recommend directions 
     for this program.
       (e) Department of Health and Human Services:
       (1) Advisory Council on Hazardous Substances Research and 
     Training. The council has completed its statutory mandate. It 
     has reviewed and approved the implementation of the basic 
     research program, and endorsed the coordination of the 
     program with other relevant Federal activities authorized 
     under the enabling legislation. The National Advisory 
     Environmental Health Sciences Council can continue reviews of 
     the hazardous substances basic research and professional 
     training program.
       (2) Advisory Council on Trauma Care Systems. Although 
     membership nominations for this council have been sought, no 
     appointments have been made and the council has never met. 
     The Department believes that the program has proceeded very 
     successfully for almost two years and has not been impeded by 
     the absence of the council. The Health Resources and Services 
     Administration believes that the participatory intent of an 
     advisory council has been and will continue to be met through 
     working groups and other mechanisms for input. Deletion of 
     the requirement for this council will not delay or detract 
     from the program's implementation.
       (3) Advisory Panel for the Evaluation of the Job 
     Opportunities and Basic Skills Training (JOBS) Program. The 
     studies which this panel was designed to evaluate have been 
     conducted under a different authority (section 1115 of the 
     Social Security Act), since funds authorized under the 
     enabling legislation have not been appropriated. This 
     alternate evaluation of the JOBS program by the Department is 
     consistent with the design of the effectiveness studies 
     originally required. Although the panel has been providing 
     advice on the Department's evaluation, this advice can be 
     obtained in other ways, such as directly from the full-time 
     Federal employees who make up about one-half of the panel. 
     The remaining public members can be retained as individual 
     consultants for particular areas on an ad hoc basis. 
     Heretofore the members of the panel have been consulted more 
     as individual experts than as a group from whom consensus 
     advice is required.
       (4) Board of Tea Experts. The board, composed of experts in 
     tea tasting, meets annually to advise the Food and Drug 
     Administration (FDA) regarding standards for purity, quality, 
     and fitness for consumption of imported teas. The board can 
     be eliminated since FDA employs tea tasters who are capable 
     of setting the standards mandated under the Act.
       (5) Device Good Manufacturing Practice Advisory Committee. 
     Under the enabling legislation, the committee reviews and 
     provides recommendations on proposed medical device good 
     manufacturing practices (GMP) regulations and petitions for 
     exemptions therefrom. Since Food and Drug Administration 
     employees are a major source of expertise on GMPs, the agency 
     has concluded that the functions of the committee can be 
     carried out by Federal staff with the occasional use of 
     outside experts on an ad hoc basis. Affected and interested 
     parties will still have an opportunity to provide input on 
     proposed GMP regulations during the formal rulemaking 
     process, which includes public hearings.
       (6) End-Stage Renal Disease Data Advisory Committee. 
     Although the committee has been activated to assist the 
     Secretary in the formulation of policies and procedures 
     relevant to the management of the National End State Renal 
     Disease Registry, the operations of the registry are being 
     carried out by Federal employees of the Health Care Financing 
     Administration without the assistance of such standing 
     committee. When additional expertise is needed, the advice of 
     outside professionals in the areas of interest can be 
     solicited individually on an ad hoc basis.
       (7) Federal Hospital Council. The ``Hill-Burton'' program 
     established under the original legislation, concerning 
     matters relating to the operation of hospitals and other 
     medical facilities, has not awarded any grants since 1976, 
     nor made any loans since 1978. The council, therefore, has 
     been inactive for close to fifteen years. The concerns of the 
     council were superseded and encompassed by the National 
     Council on Health Planning and Development, which terminated 
     on September 30, 1986. The authority for the council in 
     obsolete.
       (8) National Advisory Board for Arthritis and 
     Musculoskeletal and Skin Diseases. Besides the board, the 
     National Institute of Arthritis and Musculoskeletal and Skin 
     Diseases has other bodies of experts which provide advice and 
     assistance to the Institute in carrying out its mandate. 
     Those bodies have many similar functions and authorities, as 
     well as some duplication of membership. Currently, there is 
     the National Arthritis and Musculoskeletal and Skin Diseases 
     Advisory Council, which also reviews any proposed grant, 
     contract and cooperative agreement to be made or entered into 
     by the Institute, as well as two Interagency Coordinating 
     Committees, all required as well by the Public Health Service 
     Act. Assumption of the board's functions by these other 
     entities would reduce duplication and increases cost 
     effectiveness.
       (9) National Commission on Alcoholism and Other Alcohol-
     Related Problems. The commission was activated briefly in 
     1980 and was to submit a final report within two years after 
     the date on which funds first became available to carry out 
     the authorizing legislation. The commission was then to 
     terminate sixty days after submission of the report. Although 
     funds were authorized, they were never appropriated to enable 
     the commission to carry out its mandate. The commission has 
     remained inactive up to this time and is no longer considered 
     necessary by the Department.
       (10) National Deafness and Other Communication Disorders 
     Advisory Board. Besides the board, there is the National 
     Deafness and Other Communication Disorders Advisory council, 
     also required by the Public Health Service Act. Both the 
     board and the council provide policy advice to the National 
     Institute on Deafness and Other Communication Disorders, but 
     the council also is required to review and recommend the 
     approval of grant applications prior to funding by the 
     Institute. The board's policy advice function can be 
     adequately served by the council. The other specific function 
     of the board, which concerns the updating of the national 
     strategic research plan with regard to this medical area, 
     can be accomplished by other means.
       (11) National Diabetes Advisory Board; National Digestive 
     Diseases Advisory Board; and National Kidney and Urologic 
     Diseases Advisory Board. The functions of these three 
     separate boards can be adequately served by the National 
     Diabetes and Digestive and Kidney Diseases Advisory Council, 
     also required by the Public Health Service Act. The council's 
     membership representation is comparable to that of each board 
     as well. The staff of the National Institute of Diabetes and 
     Digestive and Kidney Diseases also arrange periodic 
     scientific conferences and workshops to gain the individual 
     advice of leading investigators of each of these diseases. 
     This further serves to fulfill the functions of the three 
     boards.
       (12) Task Force on Aging Research. The task force 
     essentially has fulfilled its principal mission with the 
     recently completed final report on its basic mandate to make 
     recommendations concerning the priorities for, and funding of 
     aging research by the Department. The National Advisory 
     Council on Aging, in carrying out its required duties, makes 
     policy recommendations to the National Institute on Aging, 
     and also may make certain recommendations to the Secretary on 
     particular projects and categories of research that should be 
     conducted. Since the duties of the task force overlap with 
     those of the council, the former may be eliminated.
       (f) Department of the Interior:
       (1) Chattahoochee River National Recreation Area Advisory 
     Commission. This commission is scheduled to terminate under 
     its establishing recreation area legislation on October 30, 
     1994. However, the commission already has served its intended 
     purposes to advise the National Park Service in the 
     management and operation of the area and in promoting the 
     protection of the river corridor resources. The commission 
     has been inactive since 1989.
       (2) Gulf Islands National Seashore Advisory Commission. The 
     work of this commission to advise the National Park Service 
     on the establishment and operation of the Gulf Islands 
     National Seashore has been completed. The commission is 
     scheduled to terminate under its establishing legislation on 
     July 6, 1994. Recently, only one meeting of the commission 
     per year has been necessary.
       (3) Jefferson National Expansion Memorial Commission. This 
     commission completed a study which made several 
     recommendations which would result in grater access and 
     recreational opportunities in the St. Louis/East St. Louis 
     area. However, the study was not accepted by the Secretary 
     and, therefore, actions recommended by the study have not 
     been implemented. The commission has fulfilled its principal 
     function of preparing a development and management plan for 
     the East St. Louis addition to the requisite park. Subsequent 
     legislation, however, has removed any further need for action 
     by the commission. The commission has been inactive since 
     1987 and will terminate under its establishing legislation on 
     August 24, 1994.
       (4) Potomac Heritage National Scenic Trail Advisory 
     Council. The purpose for this council under the establishing 
     scenic and recreational trail legislation is no longer deemed 
     necessary by the Department. Activity related to this council 
     in implementing the legislation has been severely restricted 
     due to budgetary constraints over the past few years. The 
     council, moreover, would terminate under its establishing 
     legislation on May 26, 1994.
       (g) Department of Justice:
       (1) Advisory Corrections Council. The council was formed to 
     hold regular meetings to consider problems of treatment and 
     correction of all offenders against the United States. 
     Although initially active for many years, in recent years the 
     council has not met. Most of the council's duties have been 
     undertaken by the Bureau of Prisons as its administrative 
     functions and research capabilities have grown along with the 
     inmate population. The growth of other public and private 
     entities serving as prison advisory organizations, such as 
     the National Institute of Corrections, the U.S. Sentencing 
     Commission, the Federal Judicial Center, the American 
     Corrections Association, and the American Bar Association, 
     has diminished the need for the council.
       (h) Department of Transportation:
       (1) Commercial Motor Vehicle Safety Regulatory Review 
     Panel. The panel has completed its duties to assist in the 
     review of existing State laws and regulations affecting 
     commercial motor vehicle safety to determine their 
     consistency with Federal regulations. The panel accomplished 
     its mission with the publication of its report to the 
     Secretary in August 1990.
       (2) National Driver Register Advisory Committee. The 
     purpose of the committee is to provide advice and 
     recommendations on issues concerning the efficiency of the 
     maintenance and operation of the National Driver Register 
     (NDR) in assisting States exchanging information on motor 
     vehicle driving records. All States now have, or will soon 
     have fully electronic NDR systems in place for identifying 
     problem drivers, so the committee's mission has been 
     accomplished.
       (3) National Highway Safety Advisory Committee. This 
     committee was established to advise the Secretary on matters 
     relating to the activities and functions of the Department in 
     the field of highway safety. However, as a result of 
     prohibitions in annual appropriations acts on expenditures to 
     continue implementing the authorizing legislation, this 
     committee has been inactive since 1986. The committee 
     includes thirty-five members to be appointed by the 
     President, but no appointments have been made since 1987 due 
     to the funding prohibition.
                                 ______

      By Mr. WOFFORD:
  S. 2464. A bill entitled the ``Congressional Health Insurance 
Accountability Act.''; to the Committee on Governmental Affairs.


         THE CONGRESSIONAL HEALTH INSURANCE ACCOUNTABILITY ACT

 Mr. WOFFORD. Mr. President, 7 weeks ago I warned Members of 
this Senate that unless we acted to give all Americans the same kinds 
of affordable, private health insurance that Members of Congress have 
arranged for themselves, I would seek to disqualify every Member of 
Congress from participating in the Federal Employees Health Benefits 
Plan.
  I had hoped I wouldn't have to follow through on that promise. I had 
hoped the voices of reason would be heard above the din of delay
  It is clear now that won't happen. While reasonable men and women on 
both sides of the aisle have made a good-faith effort to move ahead, 
the defenders of the status quo have blocked them at every turn. 
They've played cynically on people's fears and spent mountains of money 
to block the kinds of changes we all know must be made to improve our 
health care system.
  They have refused to compromise. Time after time, the moderate 
majority has tried to meet them halfway. And each time, they have taken 
another step back. The plain truth is, the defenders of the status quo 
do not want health care reform because it does not serve their 
political interests. That's an outrage. It's an outrage for Members of 
Congress to do nothing about health care while they sit here with their 
own private health insurance, paid for with taxpayer dollars.
  Mr. President, it's time for Members of Congress to support the plan 
they live under, or live under the plan they support. This amendment 
will force them to do just that. I know it will not be popular in these 
Chambers, but I think it's the right thing to do. Under this amendment, 
Members of Congress will lose their tax-paid health care benefits, 
effective January 1, 1995. They can remain in the Federal Employees 
Health Benefits Plan for up to 18 months. But the American taxpayers 
will no longer pick up 72 percent of the bill, as they do now. Congress 
Members will have to pay the entire costs of their health insurance, as 
I myself have been doing for the last few months.
  Translated into dollars and cents, this amendment means that if a 
Congress Member or Senator chooses standard Blue Cross family coverage, 
he or she will pay the full premium, $405 a month. Right now, Congress 
Members pay only $101.25 a month and taxpayers pay the balance, 
$303.75.

  After 18 months, if Congress still has not been able to agree on real 
reform, Members of Congress will be dropped from the FEHB rolls 
entirely. They will no longer enjoy the cost savings and other benefits 
that come from being part of a large-group plan. They'll have to either 
purchase their own insurance with no help from their employer, or go 
without insurance. For those who may think these terms are harsh, let 
me remind you that this is exactly what taxpayers who lose their jobs 
get under COBRA. No more, no less.
  The Federal Employees Health Benefits Plan is exactly the kind of 
health insurance that I have been working to get for all Americans. 
It's not Government-run health care, it's private health insurance. The 
9 million Federal workers who are in it choose the plan they want, and 
the doctor they want. They can't be dropped, and they can't be turned 
down because of a pre-existing condition. You know how many people it 
takes to administer such a program--176 people to cover more than 9 
million people.
  That's the plan Members of Congress have arranged for themselves. If 
they aren't willing to guarantee that type of private insurance to the 
American people, then at the very least they should not enjoy such 
health care themselves, at taxpayer's expense. Since the Senate began 
debate on health care, 3 million Americans have lost their health 
insurance. How many Members of Congress have become uninsured? Zero.
  If Members of Congress want more time to study--as they claim--let 
them study what it's like to be a middle-class American caught up in 
the health care mess. Let them study how difficult it is to pay for 
health insurance if your employer doesn't contribute a fair share. And 
let them worry about what it would be like to try to buy health 
insurance without the help of their employer, because that's really the 
problem.
  Eighty percent of the people in this country who don't have insurance 
live in families where at least one family member is working. Every 
day, they get up and go to work. And every day, they wonder if this is 
the day their luck is going to run out. Many Members of Congress have 
pre-existing conditions, some very serious, which may make it difficult 
to buy health insurance. That's just what millions of Americans 
experience every day. Many Members of Congress are older; their 
insurance rates may be high. Millions of Americans face that every day, 
too.
  Why should Members of Congress be the only people in America who 
don't have to worry about health care? Maybe if Members of Congress had 
a more profound understanding of what working families go through, they 
would understand why we must act sooner, rather than later.
  There are Members of Congress who say that doing nothing on health 
care won't hurt them a bit. I hope this amendment will help in some 
small way to show them that they are wrong. Americans are paying more 
and more each year to cover fewer and fewer people. Doing nothing about 
that hurts all of us--every person, every business in this country. 
I've said it before: health care delayed is health care denied.
  Until we act, Americans will continue to face a health insurance maze 
in which the insurance companies make all the rules and families fall 
through the loopholes and fine print. Until we act, health care costs 
will continue to soar out of control, placing an ever greater strain on 
businesses and devouring an ever greater share of tax dollars. Until we 
act, America will retain the ignoble distinction of being the only 
industrialized nation in the world besides South Africa that does not 
guarantee its citizens the right to see a doctor when they're sick.
  Until we act, Americans will continue to suffer and die from diseases 
that could have been prevented or cured if only they'd been treated 
sooner.
  And until we act, Mr. President, Members of Congress should at least 
have the decency not to demand of the American people what they will 
not guarantee for the American people.
                                 ______

      By Ms. MOSELEY-BRAUN (for herself, Mr. Chafee, Mr. Simon, and Mr. 
        Pell):
  S. 2465. A bill to require the Secretary of the Treasury to mint 
coins in commemoration of black revolutionary war patriots; to the 
Committee on Banking, Housing, and Urban Affairs.


    the 1995 black revolutionary war patriots commemorative coin act

 Ms. MOSELEY-BRAUN. Mr. President, I am today introducing, 
together with my distinguished colleagues from Rhode Island, Senator 
Chafee and Senator Pell, and my good friend and senior colleague from 
Illinois, Senator Simon, the Black Revolutionary War Patriots 
Commemorative Coin Act, a bill that I believe is more than two 
centuries overdue. Identical legislation is being authored in the House 
of Representatives by my good friend and distinguished Member of 
Congress, John Lewis, who has taken a real leadership role in 
developing this legislation.
  In 1986 and again in 1988 Congress passed legislation authorizing the 
construction of a monument just north of the Reflecting Pool on the 
Mall to honor the black patriots of the Revolutionary War. More than 
5,000 black freedmen, slaves, and runaway slaves fought alongside white 
colonists in the struggle for independence. This bill proposes the 
minting of 500,000 commemorative coins, which should raise 
approximately $5 million for use in financing the monument.
  All proceeds over and above the cost of minting the coin will go 
toward the construction of the monument. This bill is revenue-neutral; 
it will cost the Federal Government absolutely nothing. It supports a 
memorial that both honors and educates. The memorial commemorates the 
significant contributions made by over 5,000 African-Americans during a 
critical period of this Nation's history, the American Revolution. Most 
Americans don't know that among those who fought for our freedom were 
African-Americans. This memorial honors their role, and their 
contribution to our Nation's founding.
  We have an opportunity to honor and salute the men and women whose 
actions contributed to the birth of our Nation, a nation whose 
Constitution now embodies the very ideals of freedom these patriots 
risked their lives for. Only in the 150 years after their deaths has 
this Nation begun to secure and enforce the truths we hold to be self-
evident: Life, liberty, and the pursuit of happiness for all Americans. 
This Nation owes an enormous debt of gratitude to them for their 
courage to stand with little or no hope of seeing the fruits of their 
accomplishments.
  As citizens who enjoy the benefits of their sacrifice, I hope that 
every Member of this Senate will join Senator Chafee and I in 
expediting the passage of this legislation, so that the construction of 
this monument can begin promptly, and so that America may bestow upon 
these patriots the honor they deserve. I ask unanimous consent that a 
copy of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2465

       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 ``1995 Black Revolutionary War 
     Patriots Commemorative Coin Act''.

     SECTION 2. COIN SPECIFICATIONS

       (a) $1 Silver Coins.--The Secretary of the Treasury 
     (hereafter in this Act referred to as the ``Secretary'') 
     shall mint and issue not more than 500,000 1 dollar coins, 
     which shall--
       (1) weigh 26.73 grams;
       (2) have a diameter of 1.500 inches; and
       (3) contain 90 percent silver and 10 percent copper.
       (b) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (c) Numismatic Items.--For purposes of section 5134 of 
     title 31, United States Code, all coins minted under this Act 
     shall be considered to be numismatic items.

     SEC. 3. SOURCES OF BULLION.

       The Secretary shall obtain silver for minting coins under 
     this Act only from stockpiles established under the Strategic 
     and Critical Materials Stock Piling Act.

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements--
       (1) In general.--The design of the coins minted under this 
     Act shall be emblematic of the Black Revolutionary War 
     Patriots Memorial.
       (2) Designation and inscriptions.--On each coin minted 
     under this Act there shall be--
       (A) a designation of the value of the coin;
       (B) an inscription of the year ``1995''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', and ``E Pluribus 
     Unum''.
       (b) Selection.--The design for the coins minted under this 
     Act shall be--
       (1) selected by the Secretary after consultation with the 
     Black Revolutionary War Patriots Foundation and the 
     Commission of Fine Arts; and
       (2) reviewed by the Citizens Commemorative Coin Advisory 
     Committee.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Mint Facility.--Only 1 facility of the United States 
     Mint may be used to strike any particular quality of the 
     coins minted under this Act.
       (c) Period for Issuance.--The Secretary may issue coins 
     minted under this Act only during the period beginning on May 
     15, 1995, and ending May 15, 1996.

     SEC. 6. SALE OF COINS.

       (a) Sale Price.--The coins issued under this Act shall be 
     sold by the Secretary at a price equal to the sum of--
       (1) the face value of the coins;
       (2) the surcharge provided in subsection (d) with respect 
     to such coins; and
       (3) the cost of designing and issuing the coins (including 
     labor, materials, dies, use of machinery, overhead expenses, 
     marketing, and shipping).
       (b) Bulk Sales.--The Secretary shall make bulk sales of the 
     coins issued under this Act at a reasonable discount.
       (c) Prepaid Orders.--
       (1) In general.--The Secretary shall accept prepaid orders 
     for the coins minted under this Act before the issuance of 
     such coins.
       (2) Discount.--Sale prices with respect to prepaid orders 
     under paragraph (1) shall be at a reasonable discount.
       (d) Surcharges.--All sales shall include a surcharge of $10 
     per coin.

     SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

       (a) In General.--Except as provided in subsection (b), no 
     provision of law governing procurement or public contracts 
     shall be applicable to the procurement of goods and services 
     necessary for carrying out the provisions of this Act.
       (b) Equal Employment Opportunity.--Subsection (a) shall not 
     relieve any person entering into a contract under the 
     authority of this Act from complying with any law relating to 
     equal employment opportunity.

     SEC. 8. DISTRIBUTION OF SURCHARGES.

       (a) In General.--All surcharges received by the Secretary 
     from the sale of coins issued under this Act shall be 
     promptly paid by the Secretary to the Black Revolutionary War 
     Patriots for the purpose of raising an endowment to support 
     the construction of a Black Revolutionary War Patriots 
     Memorial.
       (b) Audits.--The Comptroller General of the United States 
     shall have the right to examine such books, records, 
     documents, and other data of the Black Revolutionary War 
     Patriots Foundation as may be related to the expenditures of 
     amounts paid under subsection (a).

     SEC. 9. FINANCIAL ASSURANCES.

       (a) No Net Cost to the Government.--The Secretary shall 
     take such actions as may be necessary to ensure that minting 
     and issuing coins under this Act will not result in any net 
     cost to the United States Government.
       (b) Payment for Coins.--A coin shall not be issued under 
     this Act unless the Secretary has received--
       (1) full payment for the coin;
       (2) security satisfactory to the Secretary to indemnify the 
     United States for full payment; or
       (3) a guarantee of full payment satisfactory to the 
     Secretary from a depository institution whose deposits are 
     insured by the Federal Deposit Insurance Corporation or the 
     National Credit Union Administration Board.
                                 ______

      By Mr. JOHNSTON (for himself and Mr. Wallop):
  S. 2466. A bill to amend the Energy Policy and Conservation Act to 
manage the strategic petroleum reserve more effectively and for other 
purposes; to the Committee on Energy and Natural Resources.


         the energy policy and conservation act amendments act

 Mr. JOHNSTON. Mr. President, the purpose of this bill is to 
amend the Energy Policy and Conservation Act to extend the President's 
basic authorities for dealing with energy emergencies. The authority of 
the President to maintain, manage, and withdraw oil from our strategic 
petroleum reserve expires on September 30, 1994. In addition, key 
authorities essential for the United States to meet its obligation 
under programs of the International Energy Agency also expire on 
September 30, 1994. We need to extend these authorities before Congress 
adjourns. This legislation provides extensions of those authorities 
through June 30, 1996.
                                 ______

      By Mr. MITCHELL (for himself, Mr. Moynihan, and Mr. Packwood) (by 
        request):
  S. 2467. A bill to approve and implement the trade agreements 
concluded in the Uruguay round of multilateral trade negotiations; to 
the Committee on the Judiciary, the Committee on Agriculture, 
Nutrition, and Forestry, the Committee on Commerce, Science, and 
Transportation, the Committee on Finance, the Committee on Governmental 
Affairs, and the Committee on Labor and Human Resources, jointly, 
pursuant to the order of 19 U.S.C. 2191(c)(1).


                      uruguay round agreements act

  Mr. MOYNIHAN. Mr. President, I rise today to inform the Senate of the 
introduction of a most critical piece of legislation--the Uruguay Round 
Agreements Act. This legislation, the culmination of months of hard 
work by the Finance Committee and several other committees, is 
necessary to implement United States commitments under the Uruguay 
round agreements, which were signed in Marrakesh last April 15.
  Mr. President, it is essential that the Senate now move expeditiously 
to consider and approve this legislation prior to adjourning for the 
year. No vote in this Congress will be more important to the economic 
future of this country, its workers, its industries, and its farmers. 
And no vote will do more to send a clear signal to the world of the 
direction in which we are moving--and thereby to reinforce the 
leadership position of the United States in the post-cold-war world.
  The Uruguay round is an historic achievement, the largest and most 
comprehensive trade agreement in history, the culmination of 60 years 
of bipartisan trade policy that began with Cordell Hull and the 
Reciprocal Trade Agreements Act of 1934. An era of unparalleled 
prosperity, in no small part due to the U.S. commitment to an open 
world trading system.
  The Uruguay round negotiations themselves took more than 7 years to 
complete, but the effort was worth it. The Uruguay round will cut 
foreign tariffs on United States manufactured exports by one-third--the 
largest reduction in history and a great boost to our most competitive 
industries and workers. Let us recognize these deep tariff reductions 
for what they are: the world's largest tax cut in history, a tax cut of 
nearly $750 billion over the next decade--benefiting our exporters and 
consumers alike.
  The Uruguay round finally will bring agriculture under international 
trading rules. Any by requiring substantial reductions in distortive 
export subsidies, it will afford new export opportunities for American 
farmers, long the most productive and efficient in the world. After 
years of waiting, we will have new rules to protect the intellectual 
property of American innovators and entrepreneurs--always one or our 
country's greatest strengths. Trade in services--60 percent of our 
economy and 70 percent of our jobs--now will be subject to 
internationally agreed rules, to our great advantage. And we also will 
benefit from stronger dispute settlement rules, which more often work 
to our advantage than to our detriment.
  The legislation introduced today will be considered under fast track 
procedures and is thus unamendable. I am most aware that some of my 
colleagues have been critical of these procedures.
  But, Mr. President, let me assure the Senate that the process has not 
been rushed. The Finance Committee has taken great care in constructing 
its share of this legislation. The committee held four hearings earlier 
this year to review key issues and concerns--from application of the 
antidumping laws of treatment of foreign subsidy practices to how the 
Uruguay round would affect United States sovereignty. The committee 
then met six times in public markup sessions from mid-July to early 
August. In those meetings, the committee formulated its recommendations 
to the President concerning the provisions of the legislation. 
Subsequently, we spent several weeks working to reach agreement with 
the Ways and Means Committee--conferencing just as we would with any 
other piece of legislation.
  That conference reached overwhelming agreement, whittling over 100 
initial differences down to only four areas of disagreement. We did so 
in the finest bipartisan tradition, with great credit due to the 
ranking member of the committee, the senior Senator from Oregon. There 
was unanimous support for the conference recommendations. And, I can 
report, the legislation introduced today is faithful to those 
recommendations.
  The Finance Committee now moves to the final stage of its 
deliberations, having scheduled a markup session for this Thursday, 
September 29. I fully expect that the legislation will be considered by 
the full Senate next week.
  Mr. President, as we wind down this session, there is a natural 
tendency for some to focus on what we have not been able to accomplish, 
for one reason or another, this year. Let us instead, however, direct 
our attention and energies in these final days to passing this most 
critical piece of legislation. I am confident that our strong, 
bipartisan approval of the Uruguay Round Agreements Act will be 
recognized as one of the great accomplishments of the 103d United 
States Congress.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill ordered to be printed in the 
Record, as follows:

                                S. 2467

       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 ``Uruguay 
     Round Agreements Act''.
       (b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.

 TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE URUGUAY 
                            ROUND AGREEMENTS

       Subtitle A--Approval of Agreements and Related Provisions

Sec. 101. Approval and entry into force of the Uruguay Round 
              Agreements.
Sec. 102. Relationship of the agreements to United States law and State 
              law.
Sec. 103. Implementing actions in anticipation of entry into force; 
              regulations.

                    Subtitle B--Tariff Modifications

Sec. 111. Tariff modifications.
Sec. 112. Implementation of Schedule XX provisions on ship repairs.
Sec. 113. Liquidation or reliquidation and refund of duty paid on 
              certain entries.
Sec. 114. Modifications to the HTS.
Sec. 115. Consultation and layover requirements for, and effective date 
              of, proclaimed actions.
Sec. 116. Effective date.

    Subtitle C--Uruguay Round Implementation and Dispute Settlement

Sec. 121. Definitions.
Sec. 122. Implementation of Uruguay Round Agreements.
Sec. 123. Dispute settlement panels and procedures.
Sec. 124. Annual report on the WTO.
Sec. 125. Review of participation in the WTO.
Sec. 126. Increased transparency.
Sec. 127. Access to the WTO dispute settlement process.
Sec. 128. Advisory committee participation.
Sec. 129. Administrative action following WTO panel reports.
Sec. 130. Effective date.

                     Subtitle D--Related Provisions

Sec. 131. Working party on worker rights.
Sec. 132. Implementation of rules of origin work program.
Sec. 133. Membership in WTO of boycotting countries.
Sec. 134. Africa trade and development policy.
Sec. 135. Objectives for extended negotiations.
Sec. 136. Repeal of tax on imported perfumes; drawback of tax on 
              distilled spirits used in perfume manufacture.
Sec. 137. Certain nonrubber footwear.
Sec. 138. Effective date.

        TITLE II--ANTIDUMPING AND COUNTERVAILING DUTY PROVISIONS

Sec. 201. Reference.

                     Subtitle A--General Provisions

Sec. 211. Action with respect to petitions.
Sec. 212. Petition and preliminary determination.
Sec. 213. De minimis dumping margin.
Sec. 214. Critical circumstances.
Sec. 215. Provisional measures.
Sec. 216. Conditions on acceptance of suspension agreements.
Sec. 217. Termination of investigation.
Sec. 218. Special rules for regional industries.
Sec. 219. Determination of weighted average dumping margin.
Sec. 220. Review of determinations.
Sec. 221. Review determinations.
Sec. 222. Definitions.
Sec. 223. Export price and constructed export price.
Sec. 224. Normal value.
Sec. 225. Currency conversion.
Sec. 226. Proprietary and nonproprietary information.
Sec. 227. Opportunity for comment by consumers and industrial users.
Sec. 228. Public notice and explanation of determinations.
Sec. 229. Sampling and averaging; determination of weighted average 
              dumping margin.
Sec. 230. Anticircumvention.
Sec. 231. Evidence.
Sec. 232. Antidumping petitions by third countries.
Sec. 233. Conforming amendments.
Sec. 234. Application to Canada and Mexico.

                    Subtitle B--Subsidies Provisions

                   Part 1--Countervailable Subsidies

Sec. 251. Countervailable subsidy.

        Part 2--Repeal of Section 303 and Conforming Amendments

Sec. 261. Repeal of section 303.
Sec. 262. Imposition of countervailing duties.
Sec. 263. De minimis countervailable subsidy.
Sec. 264. Determination of countervailable subsidy rate.
Sec. 265. Assessment of countervailing duty.
Sec. 266. Nature of countervailable subsidy.
Sec. 267. Definition of developing and least-developed country.
Sec. 268. Upstream subsidies.
Sec. 269. Determination of countervailable subsidy rate.
Sec. 270. Conforming amendments.

               Part 3--Section 303 Injury Investigations

Sec. 271. Special rules for injury investigations for certain section 
              303 countervailing duty orders and investigations.

    Part 4--Enforcement of United States Rights Under the Subsidies 
                               Agreement

Sec. 281. Subsidies enforcement.
Sec. 282. Review of subsidies agreement.
Sec. 283. Amendments to title VII of the Tariff Act of 1930.

                       Subtitle C--Effective Date

Sec. 291. Effective date.

           TITLE III--ADDITIONAL IMPLEMENTATION OF AGREEMENTS

                         Subtitle A--Safeguards

Sec. 301. Investigations, determinations, and recommendations by 
              International Trade Commission.
Sec. 302. Action by President after determination of import injury.
Sec. 303. Miscellaneous amendments.
Sec. 304. Effective date.

     Subtitle B--Foreign Trade Barriers and Unfair Trade Practices

Sec. 311. Identification of foreign anticompetitive practices.
Sec. 312. Consultation with committees.
Sec. 313. Identification of countries that deny protection of 
              intellectual property rights.
Sec. 314. Amendments to title III of the Trade Act of 1974.
Sec. 315. Objectives in intellectual property.
Sec. 316. Effective date.

              Subtitle C--Unfair Practices in Import Trade

Sec. 321. Unfair practices in import trade.
Sec. 322. Effective date.

                          Subtitle D--Textiles

Sec. 331. Textile product integration.
Sec. 332. Amendment to section 204 of the Agricultural Act of 1956.
Sec. 333. Textile transshipments.
Sec. 334. Rules of origin for textile and apparel products.
Sec. 335. Effective date.

                   Subtitle E--Government Procurement

Sec. 341. Monitoring and enforcement of the agreement on government 
              procurement.
Sec. 342. Conforming amendments.
Sec. 343. Reciprocal competitive procurement practices.
Sec. 344. Effective date.

                Subtitle F--Technical Barriers to Trade

Sec. 351. Technical barriers to trade.
Sec. 352. Effective date.

                TITLE IV--AGRICULTURE-RELATED PROVISIONS

                        Subtitle A--Agriculture

                         Part I--Market Access

Sec. 401. Section 22 amendments.
Sec. 402. Cheese and chocolate crumb imports.
Sec. 403. Meat Import Act.
Sec. 404. Administration of tariff-rate quotas.
Sec. 405. Special agricultural safeguard authority.

                            Part II--Exports

Sec. 411. Export programs.
Sec. 412. Other conforming amendments.

                       Part III--Other Provisions

Sec. 421. Authority for certain actions under Article XXVIII.
Sec. 422. Tobacco imports.
Sec. 423. Tobacco proclamation authority.
Sec. 424. Report to Congress on access to Canadian dairy and poultry 
              markets.
Sec. 425. Study of milk marketing order system.
Sec. 426. Additional program funding.

            Subtitle B--Sanitary and Phytosanitary Measures

Sec. 431. Sanitary and phytosanitary measures.
Sec. 432. International standard-setting activities.

                         Subtitle C--Standards

Sec. 441. The Federal Seed Act.

                   Subtitle D--General Effective Date

Sec. 451. General effective date.

                     TITLE V--INTELLECTUAL PROPERTY

Sec. 501. Definition.

                    Subtitle A--Copyright Provisions

Sec. 511. Rental rights in computer programs.
Sec. 512. Civil penalties for unauthorized fixation of and trafficking 
              in sound recordings and music videos of live musical 
              performances.
Sec. 513. Criminal penalties for unauthorized fixation of and 
              trafficking in sound recordings and music videos or live 
              musical performances.
Sec. 514. Restored works.

                    Subtitle B--Trademark Provisions

Sec. 521. Definition of ``abandoned''.
Sec. 522. Nonregistrability of misleading geographic indications for 
              wines and spirits.
Sec. 523. Effective date.

                     Subtitle C--Patent Provisions

Sec. 531. Treatment of inventive activity.
Sec. 532. Patent term and internal priority.
Sec. 533. Patent rights.
Sec. 534. Effective dates and application.

                      TITLE VI--RELATED PROVISIONS

                    Subtitle A--Expiring Provisions

Sec. 601. Generalized System of Preferences.
Sec. 602. U.S. insular possessions.

                 Subtitle B--Certain Customs Provisions

Sec. 611. Reimbursements from customs user fee account.
Sec. 612. Merchandise processing fees.

                   Subtitle C--Conforming Amendments

Sec. 621. Conforming amendments.

                     TITLE VII--REVENUE PROVISIONS

Sec. 700. Amendment of 1986 Code and table of contents.

                 Subtitle A--Withholding Tax Provisions

Sec. 701. Withholding on distributions of Indian casino profits to 
              tribal members.
Sec. 702. Voluntary withholding on certain Federal payments and on 
              unemployment compensation.

  Subtitle B--Provisions Relating to Estimated Taxes and Payments and 
                           Deposits of Taxes

Sec. 711. Treatment of subpart F and section 936 income of taxpayers 
              using annualized method for estimated tax.
Sec. 712. Time for payments and deposits of certain taxes.
Sec. 713. Reduction in rate of interest paid on certain corporate 
              overpayments.

                  Subtitle C--Earned Income Tax Credit

Sec. 721. Extension of earned income tax credit to military personnel 
              stationed outside the United States.
Sec. 722. Certain nonresident aliens ineligible for earned income tax 
              credit.
Sec. 723. Income of prisoners disregarded in determining earned income 
              tax credit.

         Subtitle D--Provisions Relating To Retirement Benefits

Sec. 731. Treatment of excess pension assets used for retiree health 
              benefits.
Sec. 732. Rounding rules for cost-of-living adjustments.
Sec. 733. Increase in inclusion of social security benefits paid to 
              nonresidents.

                      Subtitle E--Other Provisions

Sec. 741. Partnership distributions of marketable securities.
Sec. 742. Taxpayer identification numbers required at birth.
Sec. 743. Extension of Internal Revenue Service user fees.
Sec. 744. Modification of substantial understatement penalty for 
              corporations participating in tax shelters.
Sec. 745. Modification of authority to set terms and conditions for 
              savings bonds.

             Subtitle F--Pension Plan Funding and Premiums

Sec. 750. Short title.

                      Part I--Pension Plan Funding


       SUBPART A--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 751. Minimum funding requirements.
Sec. 752. Limitation on changes in current liability assumptions.
Sec. 753. Anticipation of bargained benefit increases.
Sec. 754. Modification of quarterly contribution requirement.
Sec. 755. Exceptions to excise tax on nondeductible contributions.


SUBPART B--AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
                                  1974

Sec. 761. Minimum funding requirements.
Sec. 762. Limitation on changes in current liability assumptions.
Sec. 763. Anticipation of bargained benefit increases.
Sec. 764. Modification of quarterly contribution requirement.


                  SUBPART C--OTHER FUNDING PROVISIONS

Sec. 766. Prohibition on benefit increases where plan sponsor is in 
              bankruptcy.
Sec. 767. Single sum distributions.
Sec. 768. Adjustments to lien for missed minimum funding contributions.
Sec. 769. Special funding rules for certain plans.

  Part II--Amendments Related to Title IV of the Employee Retirement 
                      Income Security Act of 1974

Sec. 771. Reportable events.
Sec. 772. Certain information required to be furnished to PBGC.
Sec. 773. Enforcement of minimum funding requirements.
Sec. 774. Computation of additional PBGC premium.
Sec. 775. Disclosure to participants.
Sec. 776. Missing participants.
Sec. 777. Modification of maximum guarantee for disability benefits.
Sec. 778. Procedures to facilitate distribution of termination 
              benefits.

                       Part III--Effective Dates

Sec. 781. Effective dates.

                    TITLE VIII--PIONEER PREFERENCES

Sec. 801. Pioneer preferences.

     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (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 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.
 TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE URUGUAY 
                            ROUND AGREEMENTS
       Subtitle A--Approval of Agreements and Related Provisions

     SEC. 101. 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--
       (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 ________, 1994; and
       (2) the statement of administrative action proposed to 
     implement the agreements that was submitted to the Congress 
     on ______________, 1994.
       (b) 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.
       (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. 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.
       (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) Relationship of Agreements 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 (19 U.S.C. 
     2114c(2)(A)), consult with the States for the purpose of 
     achieving conformity of State laws and practices with the 
     Uruguay Round Agreements.
       (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 
     Uruguay Round Agreements that directly relate to, or will 
     potentially have a direct effect on, the States. The Federal-
     State consultation process shall include procedures under 
     which--
       (i) the States will be informed on a continuing basis of 
     matters under the Uruguay Round Agreements that directly 
     relate to, or will potentially have a direct impact on, the 
     States;
       (ii) the States will be provided an opportunity to submit, 
     on a continuing basis, to the Trade Representative 
     information and advice with respect to matters referred to in 
     clause (i); and
       (iii) the Trade Representative will take into account the 
     information and advice received from the States under clause 
     (ii) when formulating United States positions regarding 
     matters referred to in clause (i).
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Federal-State consultation process established 
     by this paragraph.
       (C) Federal-state cooperation in wto dispute settlement.--
       (i) When a WTO member requests consultations with the 
     United States under Article 4 of the Understanding on Rules 
     and Procedures Governing the Settlement of Disputes referred 
     to in section 101(d)(16) (hereafter in this subsection 
     referred to as the ``Dispute Settlement Understanding'') 
     concerning whether the law of a State is inconsistent with 
     the obligations undertaken by the United States in any of the 
     Uruguay Round Agreements, the Trade Representative shall 
     notify the Governor of the State or the Governor's designee, 
     and the chief legal officer of the jurisdiction whose law is 
     the subject of the consultations, as soon as possible after 
     the request is received, but in no event later than 7 days 
     thereafter.
       (ii) Not later than 30 days after receiving such a request 
     for consultations, the Trade Representative shall consult 
     with representatives of the State concerned regarding the 
     matter. If the consultations involve the laws of a large 
     number of States, the Trade Representative may consult with 
     an appropriate group of representatives of the States 
     concerned, as determined by those States.
       (iii) The Trade Representative shall make every effort to 
     ensure that the State concerned is involved in the 
     development of the position of the United States at each 
     stage of the consultations and each subsequent stage of 
     dispute settlement proceedings regarding the matter. In 
     particular, the Trade Representative shall--

       (I) notify the State concerned not later than 7 days after 
     a WTO member requests the establishment of a dispute 
     settlement panel or gives notice of the WTO member's decision 
     to appeal a report by a dispute settlement panel regarding 
     the matter; and
       (II) provide the State concerned with the opportunity to 
     advise and assist the Trade Representative in the preparation 
     of factual information and argumentation for any written or 
     oral presentations by the United States in consultations or 
     in proceedings of a panel or the Appellate Body regarding the 
     matter.

       (iv) If a dispute settlement panel or the Appellate Body 
     finds that the law of a State is inconsistent with any of the 
     Uruguay Round Agreements, the Trade Representative shall 
     consult with the State concerned in an effort to develop a 
     mutually agreeable response to the report of the panel or the 
     Appellate Body and shall make every effort to ensure that the 
     State concerned is involved in the development of the United 
     States position regarding the response.
       (D) Notice to states regarding consultations on foreign 
     subcentral government laws.--
       (i) Subject to clause (ii), the Trade Representative shall, 
     at least 30 days before making a request for consultations 
     under Article 4 of the Dispute Settlement Understanding 
     regarding a subcentral government measure of another WTO 
     member, notify, and solicit the views of, appropriate 
     representatives of each State regarding the matter.
       (ii) In exigent circumstances clause (i) shall not apply, 
     in which case the Trade Representative shall notify the 
     appropriate representatives of each State not later than 3 
     days after making the request for consultations referred to 
     in clause (i).
       (2) Legal challenge.--
       (A) In general.--No State law, or the application of such a 
     State law, may be declared invalid as to any person or 
     circumstance on the ground that the provision or application 
     is inconsistent with any of the Uruguay Round Agreements, 
     except in an action brought by the United States for the 
     purpose of declaring such law or application invalid.
       (B) Procedures governing action.--In any action described 
     in subparagraph (A) that is brought by the United States 
     against a State or any subdivision thereof--
       (i) a report of a dispute settlement panel or the Appellate 
     Body convened under the Dispute Settlement Understanding 
     regarding the State law, or the law of any political 
     subdivision thereof, shall not be considered as binding or 
     otherwise accorded deference;
       (ii) the United States shall have the burden of proving 
     that the law that is the subject of the action, or the 
     application of that law, is inconsistent with the agreement 
     in question;
       (iii) any State whose interests may be impaired or impeded 
     in the action shall have the unconditional right to intervene 
     in the action as a party, and the United States shall be 
     entitled to amend its complaint to include a claim or cross-
     claim concerning the law of a State that so intervenes; and
       (iv) any State law that is declared invalid shall not be 
     deemed to have been invalid in its application during any 
     period before the court's judgment becomes final and all 
     timely appeals, including discretionary review, of such 
     judgment are exhausted.
       (C) Reports to congressional committees.--At least 30 days 
     before the United States brings an action described in 
     subparagraph (A), the Trade Representative shall provide a 
     report to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate--
       (i) describing the proposed action;
       (ii) describing efforts by the Trade Representative to 
     resolve the matter with the State concerned by other means; 
     and
       (iii) if the State law was the subject of consultations 
     under the Dispute Settlement Understanding, certifying that 
     the Trade Representative has substantially complied with the 
     requirements of paragraph (1)(C) in connection with the 
     matter.
     Following the submission of the report, and before the action 
     is brought, the Trade Representative shall consult with the 
     committees referred to in the preceding sentence concerning 
     the matter.
       (3) Definition of state law.--For purposes of this 
     subsection--
       (A) the term ``State law'' includes--
       (i) any law of a political subdivision of a State; and
       (ii) any State law regulating or taxing the business of 
     insurance; and
       (B) the terms ``dispute settlement panel'' and ``Appellate 
     Body'' have the meanings given those terms in section 121.
       (c) Effect of Agreement With Respect to Private Remedies.--
       (1) Limitations.--No person other than the United States--
       (A) shall have any cause of action or defense under any of 
     the Uruguay Round Agreements or by virtue of congressional 
     approval of such an agreement, or
       (B) 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 such 
     agreement.
       (2) Intent of congress.--It is the intention of the 
     Congress through paragraph (1) to occupy the field with 
     respect to any cause of action or defense under or in 
     connection with any of the Uruguay Round Agreements, 
     including by precluding any person other than the United 
     States from bringing any action against any State or 
     political subdivision thereof or raising any defense to the 
     application of State law under or in connection with any of 
     the Uruguay Round Agreements--
       (A) on the basis of a judgment obtained by the United 
     States in an action brought under any such agreement; or
       (B) on any other basis.
       (d) Statement of Administrative Action.--The statement of 
     administrative action approved by the Congress under section 
     101(a) shall be regarded as an authoritative expression by 
     the United States concerning the interpretation and 
     application of the Uruguay Round Agreements and this Act in 
     any judicial proceeding in which a question arises concerning 
     such interpretation or application.

     SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO 
                   FORCE; REGULATIONS.

       (a) Implementing Actions.--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 
     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 B--Tariff Modifications

     SEC. 111. TARIFF MODIFICATIONS.

       (a) In General.--In addition to the authority provided by 
     section 1102 of the Omnibus Trade and Competitiveness Act of 
     1988 (19 U.S.C. 2902), the President shall have the authority 
     to proclaim--
       (1) such other modification of any duty,
       (2) such other staged rate reduction, or
       (3) such additional duties,
     as the President determines to be necessary or appropriate to 
     carry out Schedule XX.
       (b) Other Tariff Modifications.--Subject to the 
     consultation and layover requirements of section 115, the 
     President may proclaim--
       (1) the modification of any duty or staged rate reduction 
     of any duty set forth in Schedule XX if--
       (A) the United States agrees to such modification or staged 
     rate reduction in a multilateral negotiation under the 
     auspices of the WTO, and
       (B) such modification or staged rate reduction applies to 
     the rate of duty on an article contained in a tariff category 
     that was the subject of reciprocal duty elimination or 
     harmonization negotiations during the Uruguay Round of 
     multilateral trade negotiations, and
       (2) such modifications as are necessary to correct 
     technical errors in Schedule XX or to make other 
     rectifications to the Schedule.
       (c) Authority To Increase Duties on Articles From Certain 
     Countries.--
       (1) In general.--
       (A) Determination with respect to certain countries.--
     Notwithstanding section 251 of the Trade Expansion Act of 
     1962 (19 U.S.C. 1881), after the entry into force of the WTO 
     Agreement with respect to the United States, if the 
     President--
       (i) determines that a foreign country (other than a foreign 
     country that is a WTO member country) is not according 
     adequate trade benefits to the United States, including 
     substantially equal competitive opportunities for the 
     commerce of the United States, and
       (ii) consults with the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate,
     the President may proclaim an increase in the rate of duty 
     with respect to any article of such country in accordance 
     with subparagraph (B).
       (B) Rate of duty described.--The President may proclaim a 
     rate of duty on any article of a country identified under 
     subparagraph (A) that is equal to the greater of--
       (i) the rate of duty set forth for such article in the base 
     rate of duty column of Schedule XX, or
       (ii) the rate of duty set forth for such article in the 
     bound rate of duty column of Schedule XX.
       (2) Termination of increased duties.--The President shall 
     terminate any increase in the rate of duty proclaimed under 
     this subsection by a proclamation which shall be effective on 
     the earlier of--
       (A) the date set out in such proclamation of termination, 
     or
       (B) the date the WTO Agreement enters into force with 
     respect to the foreign country with respect to which the 
     determination under paragraph (1) was made.
       (3) Publication of determination and termination.--The 
     President shall publish in the Federal Register notice of a 
     determination made under paragraph (1) and a termination 
     occurring by reason of paragraph (2).
       (d) Adjustments to Certain Column 2 Rates of Duty.--At such 
     time as the President proclaims any modification to the HTS 
     to implement the provisions of Schedule XX, the President 
     shall also proclaim the rate of duty set forth in Column B as 
     the column 2 rate of duty for the subheading of the HTS that 
     corresponds to the subheading in Schedule XX listed in Column 
     A.
       

                                                                        
    Column A                                  Column B                  
                                                                        
    Schedule XX subheading:                   Rate of duty for column 2 
                                              of the HTS:               
    0201.10.50..............................  31.1%                     
    0201.20.80..............................  31.1%                     
    0201.30.80..............................  31.1%                     
    0202.10.50..............................  31.1%                     
    0202.20.80..............................  31.1%                     
    0202.30.80..............................  31.1%                     
    0401.30.25..............................  90.8 cents/liter          
    0401.30.75..............................  $1.936/kg                 
    0402.10.50..............................  $1.018/kg                 
    0402.21.25..............................  $1.018/kg                 
    0402.21.50..............................  $1.285/kg                 
    0402.21.90..............................  $1.831/kg                 
    0402.29.50..............................  $1.299/kg + 17.5%         
    0402.91.60..............................  36.8 cents/kg             
    0402.99.50..............................  58.4 cents/kg             
    0402.99.90..............................  54.5 cents/kg + 17.5%     
    0403.10.50..............................  $1.217/kg + 20%           
    0403.90.16..............................  90.8 cents/liter          
    0403.90.45..............................  $1.03/kg                  
    0403.90.55..............................  $1.285/kg                 
    0403.90.65..............................  $1.831/kg                 
    0403.90.78..............................  $1.936/kg                 
    0403.90.95..............................  $1.217/kg + 20%           
    0404.10.11..............................  20%                       
    0404.10.15..............................  $1.217/kg + 10%           
    0404.10.90..............................  $1.03/kg                  
    0404.90.30..............................  25%                       
    0404.90.50..............................  $1.399/kg + 10%           
    0405.00.40..............................  $1.813/kg                 
    0405.00.90..............................  $2.194/kg + 10%           
    0406.10.08..............................  $1.775/kg                 
    0406.10.18..............................  $2.67/kg                  
    0406.10.28..............................  $1.443/kg                 
    0406.10.38..............................  $1.241/kg                 
    0406.10.48..............................  $2.121/kg                 
    0406.10.58..............................  $2.525/kg                 
    0406.10.68..............................  $1.631/kg                 
    0406.10.78..............................  $1.328/kg                 
    0406.10.88..............................  $1.775/kg                 
    0406.20.28..............................  $2.67/kg                  
    0406.20.33..............................  $1.443/kg                 
    0406.20.39..............................  $1.241/kg                 
    0406.20.48..............................  $2.121/kg                 
    0406.20.53..............................  $2.525/kg                 
    0406.20.63..............................  $2.67/kg                  
    0406.20.67..............................  $1.443/kg                 
    0406.20.71..............................  $1.241/kg                 
    0406.20.75..............................  $2.121/kg                 
    0406.20.79..............................  $2.525/kg                 
    0406.20.83..............................  $1.631/kg                 
    0406.20.87..............................  $1.328/kg                 
    0406.20.91..............................  $1.775/kg                 
    0406.30.18..............................  $2.67/kg                  
    0406.30.28..............................  $1.443/kg                 
    0406.30.38..............................  $1.241/kg                 
    0406.30.48..............................  $2.121/kg                 
    0406.30.53..............................  $1.631/kg                 
    0406.30.63..............................  $2.67/kg                  
    0406.30.67..............................  $1.443/kg                 
    0406.30.71..............................  $1.241/kg                 
    0406.30.75..............................  $2.121/kg                 
    0406.30.79..............................  $2.525/kg                 
    0406.30.83..............................  $1.631/kg                 
    0406.30.87..............................  $1.328/kg                 
    0406.30.91..............................  $1.775/kg                 
    0406.40.70..............................  $2.67/kg                  
    0406.90.12..............................  $1.443/kg                 
    0406.90.18..............................  $2.121/kg                 
    0406.90.33..............................  $2.525/kg                 
    0406.90.38..............................  $2.525/kg                 
    0406.90.43..............................  $2.525/kg                 
    0406.90.48..............................  $2.208/kg                 
    0406.90.64..............................  $1.241/kg                 
    0406.90.68..............................  $2.525/kg                 
    0406.90.74..............................  $2.67/kg                  
    0406.90.78..............................  $1.443/kg                 
    0406.90.84..............................  $1.241/kg                 
    0406.90.88..............................  $2.121/kg                 
    0406.90.92..............................  $1.631/kg                 
    0406.90.94..............................  $1.328/kg                 
    0406.90.97..............................  $1.775/kg                 
    1202.10.80..............................  192.7%                    
    1202.20.80..............................  155%                      
    1517.90.60..............................  40.2 cents/kg             
    1701.11.50..............................  39.85 cents/kg            
    1701.12.10..............................  6.58170 cents/kg less     
                                               0.0622005 cents/kg for   
                                               each degree under 100    
                                               degrees (and fractions of
                                               a degree in proportion)  
                                               but not less than        
                                               5.031562 cents/kg        
    1701.12.50..............................  42.05 cents/kg            
    1701.91.10..............................  6.58170 cents/kg less     
                                               0.0622005 cents/kg for   
                                               each degree under 100    
                                               degrees (and fractions of
                                               a degree in proportion)  
                                               but not less than        
                                               5.031562 cents/kg        
    1701.91.30..............................  42.05 cents/kg            
    1701.91.48..............................  39.9 cents/kg + 6%        
    1701.91.58..............................  39.9 cents/kg + 6%        
    1701.99.10..............................  6.58170 cents/kg less     
                                               0.0622005 cents/kg for   
                                               each degree under 100    
                                               degrees (and fractions of
                                               a degree in proportion)  
                                               but not less than        
                                               5.031562 cents/kg        
    1701.99.50..............................  42.05 cents/kg            
    1702.20.28..............................  19.9 cents/kg of total    
                                               sugars + 6%              
    1702.30.28..............................  19.9 cents/kg of total    
                                               sugars + 6%              
    1702.40.28..............................  39.9 cents/kg of total    
                                               sugars + 6%              
    1702.60.28..............................  39.9 cents/kg of total    
                                               sugars + 6%              
    1702.90.10..............................  6.58170 cents/kg of total 
                                               sugars                   
    1702.90.20..............................  42.05 cents/kg            
    1702.90.58..............................  39.9 cents/kg of total    
                                               sugars + 6%              
    1702.90.68..............................  39.9 cents/kg + 6%        
    1704.90.58..............................  47.4 cents/kg + 12.2%     
    1704.90.68..............................  47.4 cents/kg + 12.2%     
    1704.90.78..............................  47.4 cents/kg + 12.2%     
    1806.10.15..............................  25.5 cents/kg             
    1806.10.28..............................  39.5 cents/kg             
    1806.10.38..............................  39.5 cents/kg             
    1806.10.55..............................  39.5 cents/kg             
    1806.10.75..............................  39.5 cents/kg             
    1806.20.26..............................  43.8 cents/kg + 5%        
    1806.20.28..............................  62.1 cents/kg + 5%        
    1806.20.36..............................  43.8 cents/kg + 5%        
    1806.20.38..............................  62.1 cents/kg + 5%        
    1806.20.73..............................  35.9 cents/kg + 10%       
    1806.20.77..............................  35.9 cents/kg + 10%       
    1806.20.82..............................  43.8 cents/kg + 10%       
    1806.20.83..............................  62.1 cents/kg + 10%       
    1806.20.87..............................  43.8 cents/kg + 10%       
    1806.20.89..............................  62.1 cents/kg + 10%       
    1806.20.92..............................  43.8 cents/kg + 10%       
    1806.20.93..............................  62.1 cents/kg + 10%       
    1806.20.96..............................  43.8 cents/kg + 10%       
    1806.20.97..............................  62.1 cents/kg + 10%       
    1806.32.06..............................  43.8 cents/kg + 5%        
    1806.32.08..............................  62.1 cents/kg + 5%        
    1806.32.16..............................  43.8 cents/kg + 5%        
    1806.32.18..............................  62.1 cents/kg + 5%        
    1806.32.70..............................  43.8 cents/kg + 7%        
    1806.32.80..............................  62.1 cents/kg + 7%        
    1806.90.08..............................  43.8 cents/kg + 7%        
    1806.90.10..............................  62.1 cents/kg + 7%        
    1806.90.18..............................  43.8 cents/kg + 7%        
    1806.90.20..............................  62.1 cents/kg + 7%        
    1806.90.28..............................  43.8 cents/kg + 7%        
    1806.90.30..............................  62.1 cents/kg + 7%        
    1806.90.38..............................  43.8 cents/kg + 7%        
    1806.90.40..............................  62.1 cents/kg + 7%        
    1806.90.48..............................  43.8 cents/kg + 7%        
    1806.90.50..............................  62.1 cents/kg + 7%        
    1806.90.58..............................  43.8 cents/kg + 7%        
    1806.90.60..............................  62.1 cents/kg + 7%        
    1901.10.30..............................  $1.217/kg + 17.5%         
    1901.10.40..............................  $1.217/kg + 17.5%         
    1901.10.75..............................  $1.217/kg + 17.5%         
    1901.10.85..............................  $1.217/kg + 17.5%         
    1901.20.15..............................  49.8 cents/kg + 10%       
    1901.20.25..............................  49.8 cents/kg + 10%       
    1901.20.35..............................  49.8 cents/kg + 10%       
    1901.20.50..............................  49.8 cents/kg + 10%       
    1901.20.60..............................  49.8 cents/kg + 10%       
    1901.20.70..............................  49.8 cents/kg + 10%       
    1901.90.36..............................  $1.328/kg                 
    1901.90.42..............................  25%                       
    1901.90.44..............................  $1.217/kg + 16%           
    1901.90.46..............................  25%                       
    1901.90.48..............................  $1.217/kg + 16%           
    1901.90.54..............................  27.9 cents/kg + 10%       
    1901.90.58..............................  27.9 cents/kg + 10%       
    2008.11.15..............................  155%                      
    2008.11.35..............................  155%                      
    2008.11.60..............................  155%                      
    2101.10.38..............................  35.9 cents/kg + 10%       
    2101.10.48..............................  35.9 cents/kg + 10%       
    2101.10.58..............................  35.9 cents/kg + 10%       
    2101.20.38..............................  35.9 cents/kg + 10%       
    2101.20.48..............................  35.9 cents/kg + 10%       
    2101.20.58..............................  35.9 cents/kg + 10%       
    2103.90.78..............................  35.9 cents/kg + 7.5%      
    2105.00.20..............................  59 cents/kg + 20%         
    2105.00.40..............................  59 cents/kg + 20%         
    2106.90.02..............................  $1.014/kg                 
    2106.90.04..............................  $2.348/kg                 
    2106.90.08..............................  $2.348/kg                 
    2106.90.11..............................  6.58170 cents/kg of total 
                                               sugars                   
    2106.90.12..............................  42.05 cents/kg            
    2106.90.34..............................  82.8 cents/kg + 10%       
    2106.90.38..............................  82.8 cents/kg + 10%       
    2106.90.44..............................  82.8 cents/kg + 10%       
    2106.90.48..............................  82.8 cents/kg + 10%       
    2106.90.57..............................  33.9 cents/kg + 10%       
    2106.90.67..............................  33.9 cents/kg + 10%       
    2106.90.77..............................  33.9 cents/kg + 10%       
    2106.90.87..............................  33.9 cents/kg + 10%       
    2202.90.28..............................  27.6 cents/liter + 17.5%  
    2309.90.28..............................  94.6 cents/kg + 7.5%      
    2309.90.48..............................  94.6 cents/kg + 7.5%      
    2401.10.70..............................  85 cents/kg               
    2401.10.90..............................  85 cents/kg               
    2401.20.30..............................  $1.21/kg                  
    2401.20.45..............................  $1.15/kg                  
    2401.20.55..............................  $1.15/kg                  
    2801.30.20..............................  37%                       
    2805.30.00..............................  31.3%                     
    2805.40.00..............................  5.7%                      
    2811.19.10..............................  4.9%                      
    2818.10.20..............................  4.1%                      
    2822.00.00..............................  1.7%                      
    2827.39.20..............................  31.9%                     
    2833.11.50..............................  3.6%                      
    2833.27.00..............................  4.2%                      
    2836.40.20..............................  4.8%                      
    2836.60.00..............................  8.4%                      
    2837.20.10..............................  5.1%                      
    2840.11.00..............................  1.2%                      
    2840.19.00..............................  0.4%                      
    2849.20.20..............................  1.6%                      
    2903.15.00..............................  88%                       
    2903.16.00..............................  33.3%                     
    2903.30.05..............................  46.3%                     
    2906.11.00..............................  6.2%                      
    2907.12.00..............................  48.3%                     
    2909.11.00..............................  4%                        
    2912.11.00..............................  12.1%                     
    2916.15.10..............................  35.2%                     
    2916.19.30..............................  24.4%                     
    2923.20.20..............................  33.4%                     
    3213.90.00..............................  48.6%                     
    3307.10.20..............................  81.7%                     
    3307.49.00..............................  73.2%                     
    3403.11.20..............................  0.4%                      
    3403.19.10..............................  0.4%                      
    3506.10.10..............................  30.4%                     
    3603.00.30..............................  8.3%                      
    3603.00.90..............................  0.3%                      
    3604.10.00..............................  12.5%                     
    3606.90.30..............................  56.7%                     
    3706.10.30..............................  7%                        
    3807.00.00..............................  0.2%                      
    3823.90.33..............................  26.3%                     
    3904.61.00..............................  34.1%                     
    3916.90.10..............................  40.6%                     
    3920.51.50..............................  48.2%                     
    3920.59.80..............................  51.7%                     
    3926.90.65..............................  8.4%                      
    5201.00.18..............................  36.9 cents/kg             
    5201.00.28..............................  36.9 cents/kg             
    5201.00.38..............................  36.9 cents/kg             
    5201.00.80..............................  36.9 cents/kg             
    5202.99.30..............................  9.2 cents/kg              
    5203.00.30..............................  36.9 cents/kg             
                                                                        

       (e) Authority To Consolidate Subheadings and Modify Column 
     2 Rates of Duty for Tariff Simplification Purposes.--
       (1) In general.--Whenever the HTS column 1 general rates of 
     duty for 2 or more 8-digit subheadings are at the same level 
     and such subheadings are subordinate to a provision required 
     by the International Convention on the Harmonized Commodity 
     Description and Coding System, the President may proclaim, 
     subject to the consultation and layover requirements of 
     section 115, that the goods described in such subheadings be 
     provided for in a single 8-digit subheading of the HTS, and 
     that--
       (A) the HTS column 1 general rate of duty for such single 
     subheading be the column 1 general rate of duty common to all 
     such subheadings, and
       (B) the HTS column 2 rate of duty for such single 
     subheading be the highest column 2 rate of duty for such 
     subheadings that is in effect on the day before the effective 
     date of such proclamation.
       (2) Same level of duty.--The provisions of this subsection 
     apply to subheadings described in paragraph (1) that have the 
     same column 1 general rate of duty--
       (A) on the date of the enactment of this Act, or
       (B) after such date of enactment as a result of a staged 
     reduction in such column 1 rates of duty.

     SEC. 112. IMPLEMENTATION OF SCHEDULE XX PROVISIONS ON SHIP 
                   REPAIRS.

       (a) In General.--Section 484E(b) of the Customs and Trade 
     Act of 1990 (19 U.S.C. 1466 note; 104 Stat. 710) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``, and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) any entry made pursuant to section 466(h) (1) or (2) 
     of the Tariff Act of 1930 (19 U.S.C. 1466(h) (1) or (2)), on 
     or after the date of the entry into force of the WTO 
     Agreement with respect to the United States.''.
       (b) Exemption for Certain Spare Parts.--Section 466(h) of 
     the Tariff Act of 1930 (19 U.S.C. 1466(h)) is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``, or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the cost of spare parts necessarily installed before 
     the first entry into the United States, but only if duty is 
     paid under appropriate commodity classifications of the 
     Harmonized Tariff Schedule of the United States upon first 
     entry into the United States of each such spare part 
     purchased in, or imported from, a foreign country.''.

     SEC. 113. LIQUIDATION OR RELIQUIDATION AND REFUND OF DUTY 
                   PAID ON CERTAIN ENTRIES.

       (a) Liquidation or Reliquidation.--Notwithstanding section 
     514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other 
     provision of law, and subject to subsection (b), the 
     Secretary of the Treasury shall liquidate or reliquidate the 
     entries listed or otherwise described in subsection (c) and 
     refund any duty or excess duty that was paid, as provided in 
     subsection (c).
       (b) Requests.--Liquidation or reliquidation may be made 
     under subsection (a) with respect to an entry only if a 
     request therefor is filed with the Customs Service, within 
     180 days after the date on which the WTO Agreement enters 
     into force with respect to the United States, that contains 
     sufficient information to enable the Customs Service--
       (1) to locate the entry; or
       (2) to reconstruct the entry if it cannot be located.
       (c) Entries.--The entries referred to in subsection (a) are 
     as follows:
       (1) Agglomerated stone tiles.--Any goods--
       (A) for which the importer claimed or would have claimed 
     entry under subheading 6810.19.12 of the HTS on or after 
     October 1, 1990, and before the effective date of a 
     proclamation issued by the President under section 103(a) of 
     this Act with respect to items under such subheading in order 
     to carry out Schedule XX, or
       (B) entered on or after January 1, 1989, and before October 
     1, 1990, for which entry would have been claimed under 
     subheading 6810.19.12 of the HTS on or after October 1, 1990,
     shall be liquidated or reliquidated as if the wording of that 
     subheading were ``Of stone agglomerated with binders other 
     than cement'', and the Secretary of the Treasury shall refund 
     any excess duties paid with respect to such entries.
       (2) Clomiphene citrate.--
       (A) Any entry, or withdrawal from warehouse for 
     consumption, of goods under heading 9902.29.95 of the HTS 
     (relating to clomiphene citrate) which was made after 
     December 31, 1988, and before January 1, 1993, and with 
     respect to which there would have been no duty if the 
     reference to subheading ``2922.19.15'' in such heading were a 
     reference to subheading ``2922.19.15 or any subheading of 
     chapter 30'' at the time of such entry or withdrawal, shall 
     be liquidated or reliquidated as free of duty.
       (B) The Secretary of the Treasury shall refund any duties 
     paid with respect to entries described in subparagraph (A).

     SEC. 114. MODIFICATIONS TO THE HTS.

       (a) Wool.--
       (1) Amendments.--Chapter 51 of the HTS is amended--
       (A) by striking subheading 5101.21.60 and inserting the 
     following new superior text and subheadings, with the 
     superior text having the same degree of indentation as the 
     article description in subheading 5101.11.60:

``5101.21.65........  Other: Unimproved wool;                          ....................  81.6 cents/kg+20%  
                       other wool, not finer                                                                    
                       than 46s................  Free................                                           
5101.21.70..........  Other....................  7.7 cents/kg+6.25%..  Free (MX) 0.8 cents/  81.6 cents/kg+20%;'
                                                                        kg+0.6% (IL) 3        '                 
                                                                        cents/kg+2.5% (CA).                     
                                                                                                                

       (B) by striking subheading 5101.29.60 and inserting the 
     following new superior text and subheadings, with the 
     superior text having the same degree of indentation as the 
     article description in subheading 5102.10.20:


``5101.29.65........  Other: Unimproved wool;                          ....................  81.6 cents/kg+20%  
                       other wool, not finer                                                                    
                       than 46s................  Free................                                           
5101.29.70..........  Other....................  7.7 cents/kg+6.25%..  0.8 cents/kg+0.6%     81.6 cents/kg+20%;'
                                                                        (IL) 3 cents/         '                 
                                                                        kg+2.5% (CA) 6.1                        
                                                                        cents/kg+5% (MX).                       
                                                                                                                

     and
       (C) by striking subheading 5101.30.60 and inserting the 
     following new superior text and subheadings, with the 
     superior text having the same degree of indentation as the 
     superior text immediately preceding subheading 5102.10.20:


``5101.30.65........  Other: Unimproved wool;                          ....................  81.6 cents/kg+20%  
                       other wool, not finer                                                                    
                       than 46s................  Free................                                           
5101.30.70..........  Other....................  7.7 cents/kg+6.25%..  Free (MX) 0.8 cents/  81.6 cents/kg+20%;'
                                                                        kg+0.6% (IL) 3        '                 
                                                                        cents/kg+2.5% (CA).                     
                                                                                                                

       (2) Effective date.--The amendments made by this subsection 
     take effect on the effective date of the proclamation issued 
     by the President under section 103(a) to carry out Schedule 
     XX.
       (b) Duty Free Treatment for Octadecyl Isocyanate and 5-
     Chloro-2-(2,4-Dichloro-phenoxy)phenol.--The President--
       (1) shall proclaim duty-free entry for octadecyl isocyanate 
     and 5-Chloro-2-(2,4-dichloro-phenoxy)phenol, to be effective 
     on the effective date of the proclamation issued by the 
     President under section 103(a) to carry out Schedule XX, and
       (2) shall take such actions as are necessary to reflect 
     such tariff treatment in Schedule XX.

     SEC. 115. CONSULTATION AND LAYOVER REQUIREMENTS 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 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 
     for such actions, 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).

     SEC. 116. EFFECTIVE DATE.

       (a) In General.--Except as provided in section 114(a) and 
     subsection (b) of this section, this subtitle and the 
     amendments made by this subtitle take effect on the date on 
     which the WTO Agreement enters into force with respect to the 
     United States.
       (b) Section 115.--Section 115 takes effect on the date of 
     the enactment of this Act.
    Subtitle C--Uruguay Round Implementation and Dispute Settlement

     SEC. 121. DEFINITIONS.

       For purposes of this subtitle:
       (1) Administering authority.--The term ``administering 
     authority'' has the meaning given that term in section 771(1) 
     of the Tariff Act of 1930.
       (2) Appellate body.--The term ``Appellate Body'' means the 
     Appellate Body established under Article 17.1 of the Dispute 
     Settlement Understanding.
       (3) Appropriate congressional committees; congressional 
     committees.--
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the committees 
     referred to in subparagraph (B) and any other committees of 
     the Congress that have jurisdiction involving the matter with 
     respect to which consultations are to be held.
       (B) Congressional committees.--The term ``congressional 
     committees'' means the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate.
       (4) Dispute settlement panel; panel.--The terms ``dispute 
     settlement panel'' and ``panel'' mean a panel established 
     pursuant to Article 6 of the Dispute Settlement 
     Understanding.
       (5) Dispute settlement body.--The term ``Dispute Settlement 
     Body'' means the Dispute Settlement Body administering the 
     rules and procedures set forth in the Dispute Settlement 
     Understanding.
       (6) 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).
       (7) General council.--The term ``General Council'' means 
     the General Council established under paragraph 2 of Article 
     IV of the WTO Agreement.
       (8) Ministerial conference.--The term ``Ministerial 
     Conference'' means the Ministerial Conference established 
     under paragraph 1 of Article IV of the WTO Agreement.
       (9) Other terms.--The terms ``Antidumping Agreement'', 
     ``Agreement on Subsidies and Countervailing Measures'', and 
     ``Safeguards Agreement'' mean the agreements referred to in 
     section 101(d)(7), (12), and (13), respectively.

     SEC. 122. IMPLEMENTATION OF URUGUAY ROUND AGREEMENTS.

       (a) Decisionmaking.--In the implementation of the Uruguay 
     Round Agreements and the functioning of the World Trade 
     Organization, it is the objective of the United States to 
     ensure that the Ministerial Conference and the General 
     Council continue the practice of decisionmaking by consensus 
     followed under the GATT 1947, as required by paragraph 1 of 
     article IX of the WTO Agreement.
       (b) Consultations With Congressional Committees.--In 
     furtherance of the objective set forth in subsection (a), the 
     Trade Representative shall consult with the appropriate 
     congressional committees before any vote is taken by the 
     Ministerial Conference or the General Council relating to--
       (1) the adoption of an interpretation of the WTO Agreement 
     or another multilateral trade agreement,
       (2) the amendment of any such agreement,
       (3) the granting of a waiver of any obligation under any 
     such agreement,
       (4) the adoption of any amendment to the rules or 
     procedures of the Ministerial Conference or the General 
     Council,
       (5) the accession of a state or separate customs territory 
     to the WTO Agreement, or
       (6) the adoption of any other decision,
     if the action described in paragraph (1), (2), (3), (4), (5), 
     or (6) would substantially affect the rights or obligations 
     of the United States under the WTO Agreement or another 
     multilateral trade agreement or potentially entails a change 
     in Federal or State law.
       (c) Report on decisions.--
       (1) In general.--Not later than 30 days after the end of 
     any calendar year in which the Ministerial Conference or the 
     General Council adopts by vote any decision to take any 
     action described in paragraph (1), (2), (4), or (6) of 
     subsection (b), the Trade Representative shall submit a 
     report to the appropriate congressional committees 
     describing--
       (A) the nature of the decision;
       (B) the efforts made by the United States to have the 
     matter decided by consensus pursuant to paragraph 1 of 
     article IX of the WTO Agreement, and the results of those 
     efforts;
       (C) which countries voted for, and which countries voted 
     against, the decision;
       (D) the rights or obligations of the United States affected 
     by the decision and any Federal or State law that would be 
     amended or repealed, if the President after consultation with 
     the Congress determined that such amendment or repeal was an 
     appropriate response; and
       (E) the action the President intends to take in response to 
     the decision or, if the President does not intend to take any 
     action, the reasons therefor.
       (2) Additional reporting requirements.--
       (A) Grant of waiver.--In the case of a decision to grant a 
     waiver described in subsection (b)(3), the report under 
     paragraph (1) shall describe the terms and conditions of the 
     waiver and the rights and obligations of the United States 
     that are affected by the waiver.
       (B) Accession.--In the case of a decision on accession 
     described in subsection (b)(5), the report under paragraph 
     (1) shall state whether the United States intends to invoke 
     Article XIII of the WTO Agreement.
       (d) Consultation on report.--Promptly after the submission 
     of a report under subsection (c), the Trade Representative 
     shall consult with the appropriate congressional committees 
     with respect to the report.

     SEC. 123. DISPUTE SETTLEMENT PANELS AND PROCEDURES.

       (a) Review by President.--The President shall review 
     annually the WTO panel roster and shall include the panel 
     roster and the list of persons serving on the Appellate Body 
     in the annual report submitted by the President under section 
     163(a) of the Trade Act of 1974.
       (b) Qualifications of Appointees to Panels.--The Trade 
     Representative shall--
       (1) seek to ensure that persons appointed to the WTO panel 
     roster are well-qualified, and that the roster includes 
     persons with expertise in the subject areas covered by the 
     Uruguay Round Agreements; and
       (2) inform the President of persons nominated to the roster 
     by other WTO member countries.
       (c) Rules Governing Conflicts of Interest.--The Trade 
     Representative shall seek the establishment by the General 
     Council and the Dispute Settlement Body of rules governing 
     conflicts of interest by persons serving on panels and 
     members of the Appellate Body and shall describe, in the 
     annual report submitted under section 124, any progress made 
     in establishing such rules.
       (d) Notification of Disputes.--Promptly after a dispute 
     settlement panel is established to consider the consistency 
     of Federal or State law with any of the Uruguay Round 
     Agreements, the Trade Representative shall notify the 
     appropriate congressional committees of--
       (1) the nature of the dispute, including the matters set 
     forth in the request for the establishment of the panel, the 
     legal basis of the complaint, and the specific measures, in 
     particular any State or Federal law cited in the request for 
     establishment of the panel;
       (2) the identity of the persons serving on the panel; and
       (3) whether there was any departure from the rule of 
     consensus with respect to the selection of persons to serve 
     on the panel.
       (e) Notice of Appeals of Panel Reports.--If an appeal is 
     taken of a report of a panel in a proceeding described in 
     subsection (d), the Trade Representative shall, promptly 
     after the notice of appeal is filed, notify the appropriate 
     congressional committees of--
       (1) the issues under appeal; and
       (2) the identity of the persons serving on the Appellate 
     Body who are reviewing the report of the panel.
       (f) Actions upon Circulation of Reports.--Promptly after 
     the circulation of a report of a panel or of the Appellate 
     Body to WTO members in a proceeding described in subsection 
     (d), the Trade Representative shall--
       (1) notify the appropriate congressional committees of the 
     report;
       (2) in the case of a report of a panel, consult with the 
     appropriate congressional committees concerning the nature of 
     any appeal that may be taken of the report; and
       (3) if the report is adverse to the United States, consult 
     with the appropriate congressional committees concerning 
     whether to implement the report's recommendation and, if so, 
     the manner of such implementation and the period of time 
     needed for such implementation.
       (g) Requirements for Agency Action.--
       (1) Changes in agency regulations or practice.--In any case 
     in which a dispute settlement panel or the Appellate Body 
     finds in its report that a regulation or practice of a 
     department or agency of the United States is inconsistent 
     with any of the Uruguay Round Agreements, that regulation or 
     practice may not be amended, rescinded, or otherwise modified 
     in the implementation of such report unless and until--
       (A) the appropriate congressional committees have been 
     consulted under subsection (f);
       (B) the Trade Representative has sought advice regarding 
     the modification from relevant private sector advisory 
     committees established under section 135 of the Trade Act of 
     1974 (19 U.S.C. 2155);
       (C) the head of the relevant department or agency has 
     provided an opportunity for public comment by publishing in 
     the Federal Register the proposed modification and the 
     explanation for the modification;
       (D) the Trade Representative has submitted to the 
     appropriate congressional committees a report describing the 
     proposed modification, the reasons for the modification, and 
     a summary of the advice obtained under subparagraph (B) with 
     respect to the modification;
       (E) the Trade Representative and the head of the relevant 
     department or agency have consulted with the appropriate 
     congressional committees on the proposed contents of the 
     final rule or other modification; and
       (F) the final rule or other modification has been published 
     in the Federal Register.
       (2) Effective date of modification.--A final rule or other 
     modification to which paragraph (1) applies may not go into 
     effect before the end of the 60-day period beginning on the 
     date on which consultations under paragraph (1)(E) begin, 
     unless the President determines that an earlier effective 
     date is in the national interest.
       (3) Vote by congressional committees.--During the 60-day 
     period described in paragraph (2), the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Finance of the Senate may vote to indicate the agreement or 
     disagreement of the committee with the proposed contents of 
     the final rule or other modification. Any such vote shall not 
     be binding on the department or agency which is implementing 
     the rule or other modification.
       (4) Inapplicability to ITC.--This subsection does not apply 
     to any regulation or practice of the International Trade 
     Commission.
       (h) Consultations Regarding Review of WTO Rules and 
     Procedures.--Before the review is conducted of the dispute 
     settlement rules and procedures of the WTO that is provided 
     for in the Decision on the Application of the Understanding 
     on Rules and Procedures Governing the Settlement of Disputes, 
     as such decision is set forth in the Ministerial Declarations 
     and Decisions adopted on April 15, 1994, together with the 
     Uruguay Round Agreements, the Trade Representative shall 
     consult with the congressional committees regarding the 
     policy of the United States concerning the review.

     SEC. 124. ANNUAL REPORT ON THE WTO.

       Not later than March 1 of each year beginning in 1996, the 
     Trade Representative shall submit to the Congress a report 
     describing, for the preceding fiscal year of the WTO--
       (1) the major activities and work programs of the WTO, 
     including the functions and activities of the committees 
     established under article IV of the WTO Agreement, and the 
     expenditures made by the WTO in connection with those 
     activities and programs;
       (2) the percentage of budgetary assessments by the WTO that 
     were accounted for by each WTO member country, including the 
     United States;
       (3) the total number of personnel employed or retained by 
     the Secretariat of the WTO, and the number of professional, 
     administrative, and support staff of the WTO;
       (4) for each personnel category described in paragraph (3), 
     the number of citizens of each country, and the average 
     salary of the personnel, in that category;
       (5) each report issued by a panel or the Appellate Body in 
     a dispute settlement proceeding regarding Federal or State 
     law, and any efforts by the Trade Representative to provide 
     for implementation of the recommendations contained in a 
     report that is adverse to the United States;
       (6) each proceeding before a panel or the Appellate Body 
     that was initiated during that fiscal year regarding Federal 
     or State law, the status of the proceeding, and the matter at 
     issue;
       (7) the status of consultations with any State whose law 
     was the subject of a report adverse to the United States that 
     was issued by a panel or the Appellate Body; and
       (8) any progress achieved in increasing the transparency of 
     proceedings of the Ministerial Conference and the General 
     Council, and of dispute settlement proceedings conducted 
     pursuant to the Dispute Settlement Understanding.

     SEC. 125. REVIEW OF PARTICIPATION IN THE WTO.

       (a) Report on the Operation of the WTO.--The first annual 
     report submitted to the Congress under section 124--
       (1) after the end of the 5-year period beginning on the 
     date on which the WTO Agreement enters into force with 
     respect to the United States, and
       (2) after the end of every 5-year period thereafter,
     shall include an analysis of the effects of the WTO Agreement 
     on the interests of the United States, the costs and benefits 
     to the United States of its participation in the WTO, and the 
     value of the continued participation of the United States in 
     the WTO.
       (b) Congressional Disapproval of U.S. Participation in the 
     WTO.--
       (1) General rule.--The approval of the Congress, provided 
     under section 101(a), of the WTO Agreement shall cease to be 
     effective if, and only if, a joint resolution described in 
     subsection (c) is enacted into law pursuant to the provisions 
     of paragraph (2).
       (2) Procedural provisions.--(A) The requirements of this 
     paragraph are met if the joint resolution is enacted under 
     subsection (c), and
       (i) the Congress adopts and transmits the joint resolution 
     to the President before the end of the 90-day period 
     (excluding any day described in section 154(b) of the Trade 
     Act of 1974), beginning on the date on which the Congress 
     receives a report referred to in subsection (a), and
       (ii) if the President vetoes the joint resolution, each 
     House of Congress votes to override that veto on or before 
     the later of the last day of the 90-day period referred to in 
     clause (i) or the last day of the 15-day period (excluding 
     any day described in section 154(b) of the Trade Act of 1974) 
     beginning on the date on which the Congress receives the veto 
     message from the President.
       (B) A joint resolution to which this section applies may be 
     introduced at any time on or after the date on which the 
     President transmits to the Congress a report described in 
     subsection (a), and before the end of the 90-day period 
     referred to in subparagraph (A).
       (c) Joint Resolutions.--
       (1) Joint Resolutions.--For purposes of this section, 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 withdraws 
     its approval, provided under section 101(a) of the Uruguay 
     Round Agreements Act, of the WTO Agreement as defined in 
     section 2(9) of that Act.''.
       (2) Procedures.--(A) Joint resolutions may be introduced in 
     either House of the Congress by any member of such House.
       (B) Subject to the provisions of this subsection, the 
     provisions of subsections (b), (d), (e), and (f) of section 
     152 of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), 
     and (f)) apply to joint resolutions to the same extent as 
     such provisions apply to resolutions under such section.
       (C) If the committee of either House to which a joint 
     resolution has been referred has not reported it by the close 
     of the 45th day after its introduction (excluding any day 
     described in section 154(b) of the Trade Act of 1974), such 
     committee shall be automatically discharged from further 
     consideration of the joint resolution and it shall be placed 
     on the appropriate calendar.
       (D) It is not in order for--
       (i) the Senate to consider any joint resolution unless it 
     has been reported by the Committee on Finance or the 
     committee has been discharged under subparagraph (C); or
       (ii) the House of Representatives to consider any joint 
     resolution unless it has been reported by the Committee on 
     Ways and Means or the committee has been discharged under 
     subparagraph (C).
       (D) A motion in the House of Representatives to proceed to 
     the consideration of a joint resolution 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 or 
     her intention to do so.
       (3) 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 joint resolution (other than a 
     joint resolution received from the other House), if that 
     House has previously adopted a joint resolution under this 
     section.
       (d) Rules of House of Representatives and Senate.--This 
     section is 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.

     SEC. 126. INCREASED TRANSPARENCY.

       The Trade Representative shall seek the adoption by the 
     Ministerial Conference and General Council of procedures that 
     will ensure 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 the Ministerial 
     Conference and the General Council, and by the dispute 
     settlement panels and the Appellate Body under the Dispute 
     Settlement Understanding.

     SEC. 127. ACCESS TO THE WTO DISPUTE SETTLEMENT PROCESS.

       (a) In General.--Whenever the United States is a party 
     before a dispute settlement panel established pursuant to 
     Article 6 of the Dispute Settlement Understanding, the Trade 
     Representative shall, at each stage of the proceeding before 
     the panel or the Appellate Body, consult with the appropriate 
     congressional committees, the petitioner (if any) under 
     section 302(a) of the Trade Act of 1974 (19 U.S.C. 2412) with 
     respect to the matter that is the subject of the proceeding, 
     and relevant private sector advisory committees established 
     under section 135 of the Trade Act of 1974 (19 U.S.C. 2155), 
     and shall consider the views of representatives of 
     appropriate interested private sector and nongovernmental 
     organizations concerning the matter.
       (b) Notice and Public Comment.--In any proceeding described 
     in subsection (a), the Trade Representative shall--
       (1) promptly after requesting the establishment of a panel, 
     or receiving a request from another WTO member country for 
     the establishment of a panel, publish a notice in the Federal 
     Register--
       (A) identifying the initial parties to the dispute,
       (B) setting forth the major issues raised by the country 
     requesting the establishment of a panel and the legal basis 
     of the complaint,
       (C) identifying the specific measures, including any State 
     or Federal law cited in the request for establishment of the 
     panel, and
       (D) seeking written comments from the public concerning the 
     issues raised in the dispute; and
       (2) take into account any advice received from appropriate 
     congressional committees and relevant private sector advisory 
     committees referred to in subsection (a), and written 
     comments received pursuant to paragraph (1)(D), in preparing 
     United States submissions to the panel or the Appellate Body.
       (c) Access to Documents.--In each proceeding described in 
     subsection (a), the Trade Representative shall--
       (1) make written submissions by the United States referred 
     to in subsection (b) available to the public promptly after 
     they are submitted to the panel or Appellate Body, except 
     that the Trade Representative is authorized to withhold from 
     disclosure any information contained in such submissions 
     identified by the provider of the information as proprietary 
     information or information treated as confidential by a 
     foreign government;
       (2) request each other party to the dispute to permit the 
     Trade Representative to make that party's written submissions 
     to the panel or the Appellate Body available to the public; 
     and
       (3) make each report of the panel or the Appellate Body 
     available to the public promptly after it is circulated to 
     WTO members, and inform the public of such availability.
       (d) Requests for Nonconfidential Summaries.--In any dispute 
     settlement proceeding conducted pursuant to the Dispute 
     Settlement Understanding, the Trade Representative shall 
     request each party to the dispute to provide nonconfidential 
     summaries of its written submissions, if that party has not 
     made its written submissions public, and shall make those 
     summaries available to the public promptly after receiving 
     them.
       (e) Public File.--The Trade Representative shall maintain a 
     file accessible to the public on each dispute settlement 
     proceeding to which the United States is a party that is 
     conducted pursuant to the Dispute Settlement Understanding. 
     The file shall include all United States submissions in the 
     proceeding and a listing of any submissions to the Trade 
     Representative from the public with respect to the 
     proceeding, as well as the report of the dispute settlement 
     panel and the report of the Appellate Body.
       (f) Conforming Amendment.--Section 135(a)(1)(B) of the 
     Trade Act of 1974 (19 U.S.C. 2155(a)(1)(B)) is amended to 
     read as follows:
       ``(B) 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''.

     SEC. 128. ADVISORY COMMITTEE PARTICIPATION.

       Section 135(b)(1) of the Trade Act of 1974 (19 U.S.C. 
     2155(b)(1)) is amended by inserting ``nongovernmental 
     environmental and conservation organizations,'' after 
     ``retailers,''.

     SEC. 129. ADMINISTRATIVE ACTION FOLLOWING WTO PANEL REPORTS.

       (a) Action by United States International Trade 
     Commission.--
       (1) Advisory report.--If a dispute settlement panel finds 
     in an interim report under Article 15 of the Dispute 
     Settlement Understanding, or the Appellate Body finds in a 
     report under Article 17 of that Understanding, that an action 
     by the International Trade Commission in connection with a 
     particular proceeding is not in conformity with the 
     obligations of the United States under the Antidumping 
     Agreement, the Safeguards Agreement, or the Agreement on 
     Subsidies and Countervailing Measures, the Trade 
     Representative may request the Commission to issue an 
     advisory report on whether title VII of the Tariff Act of 
     1930 or title II of the Trade Act of 1974, as the case may 
     be, permits the Commission to take steps in connection with 
     the particular proceeding that would render its action not 
     inconsistent with the findings of the panel or the Appellate 
     Body concerning those obligations. The Trade Representative 
     shall notify the congressional committees of such request.
       (2) Time limits for report.--The Commission shall transmit 
     its report under paragraph (1) to the Trade Representative--
       (A) in the case of an interim report described in paragraph 
     (1), within 30 calendar days after the Trade Representative 
     requests the report; and
       (B) in the case of a report of the Appellate Body, within 
     21 calendar days after the Trade Representative requests the 
     report.
       (3) Consultations on request for commission 
     determination.--If a majority of the Commissioners issues an 
     affirmative report under paragraph (1), the Trade 
     Representative shall consult with the congressional 
     committees concerning the matter.
       (4) Commission determination.--Notwithstanding any 
     provision of the Tariff Act of 1930 or title II of the Trade 
     Act of 1974, if a majority of the Commissioners issues an 
     affirmative report under paragraph (1), the Commission, upon 
     the written request of the Trade Representative, shall issue 
     a determination in connection with the particular proceeding 
     that would render the Commission's action described in 
     paragraph (1) not inconsistent with the findings of the panel 
     or Appellate Body. The Commission shall issue its 
     determination not later than 120 days after the request from 
     the Trade Representative is made.
       (5) Consultations on implementation of commission 
     determination.--The Trade Representative shall consult with 
     the congressional committees before the Commission's 
     determination under paragraph (4) is implemented.
       (6) Revocation of order.--If, by virtue of the Commission's 
     determination under paragraph (4), an antidumping or 
     countervailing duty order with respect to some or all of the 
     imports that are subject to the action of the Commission 
     described in paragraph (1) is no longer supported by an 
     affirmative Commission determination under title VII of the 
     Tariff Act of 1930 or this subsection, the Trade 
     Representative may, after consulting with the congressional 
     committees under paragraph (5), direct the administering 
     authority to revoke the antidumping or countervailing duty 
     order in whole or in part.
       (7) Modification of action under title ii of trade act of 
     1974.--Section 204(b) of the Trade Act of 1974 (19 U.S.C. 
     2254(b)) is amended by adding at the end the following new 
     paragraph:
       ``(3) 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.''.
       (b) Action by Administering Authority.--
       (1) Consultations with administering authority and 
     congressional committees.--Promptly after a report by a 
     dispute settlement panel or the Appellate body is issued that 
     contains findings that an action by the administering 
     authority in a proceeding under title VII of the Tariff Act 
     of 1930 is not in conformity with the obligations of the 
     United States under the Antidumping Agreement or the 
     Agreement on Subsidies and Countervailing Measures, the Trade 
     Representative shall consult with the administering authority 
     and the congressional committees on the matter.
       (2) Determination by administering authority.--
     Notwithstanding any provision of the Tariff Act of 1930, the 
     administering authority shall, within 180 days after receipt 
     of a written request from the Trade Representative, issue a 
     determination in connection with the particular proceeding 
     that would render the administering authority's action 
     described in paragraph (1) not inconsistent with the findings 
     of the panel or the Appellate Body.
       (3) Consultations before implementation.--Before the 
     administering authority implements any determination under 
     paragraph (2), the Trade Representative shall consult with 
     the administering authority and the congressional committees 
     with respect to such determination.
       (4) Implementation of determination.--The Trade 
     Representative may, after consulting with the administering 
     authority and the congressional committees under paragraph 
     (3), direct the administering authority to implement, in 
     whole or in part, the determination made under paragraph (2).
       (c) Effects of Determinations; Notice of Implementation.--
       (1) Effects of determinations.--Determinations concerning 
     title VII of the Tariff Act of 1930 that are implemented 
     under this section shall apply with respect to unliquidated 
     entries of the subject merchandise (as defined in section 771 
     of that Act) that are entered, or withdrawn from warehouse, 
     for consumption on or after--
       (A) in the case of a determination by the Commission under 
     subsection (a)(4), the date on which the Trade Representative 
     directs the administering authority under subsection (a)(6) 
     to revoke an order pursuant to that determination, and
       (B) in the case of a determination by the administering 
     authority under subsection (b)(2), the date on which the 
     Trade Representative directs the administering authority 
     under subsection (b)(4) to implement that determination.
       (2) Notice of implementation.--
       (A) The administering authority shall publish in the 
     Federal Register notice of the implementation of any 
     determination made under this section with respect to title 
     VII of the Tariff Act of 1930.
       (B) The Trade Representative shall publish in the Federal 
     Register notice of the implementation of any determination 
     made under this section with respect to title II of the Trade 
     Act of 1974.
       (d) Opportunity for Comment by Interested Parties.--Prior 
     to issuing a determination under this section, the 
     administering authority or the Commission, as the case may 
     be, shall provide interested parties with an opportunity to 
     submit written comments and, in appropriate cases, may hold a 
     hearing, with respect to the determination.
       (e) Judicial or Binational Panel Review.--
       (1) Review of determinations on record.--Section 516A(a)(2) 
     of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is 
     amended--
       (A) in subparagraph (A)(i)--
       (i) in subclause (I) by striking ``(B), or'' and inserting 
     ``(B)'', and
       (ii) by adding after subclause (II) the following:

       ``(III) notice of the implementation of any determination 
     described in clause (vii) of subparagraph (B), or''; and

       (B) in subparagraph (B), by adding at the end the following 
     new clause:
       ``(vii) 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.''.
       (2) Time limits for cases involving free trade area 
     countries.--Section 516A(a)(5) of the Tariff Act of 1930 (19 
     U.S.C. 1516a(a)(5)) is amended by adding at the end the 
     following new subparagraph:
       ``(E) 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.''.
       (3) Review of cases involving free trade area country 
     merchandise.--Section 516A(g)(8)(A)(i) of the Tariff Act of 
     1930 (19 U.S.C. 1516a(g)(8)(A)(i)) is amended by striking 
     ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), 
     (B), or (E)''.

     SEC. 130. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle take 
     effect on the date on which the WTO Agreement enters into 
     force with respect to the United States.
                     Subtitle D--Related Provisions

     SEC. 131. 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 502(a)(4) of 
     the Trade Act of 1974, to the articles, objectives, and 
     related instruments of the GATT 1947 and of the WTO, 
     respectively.
       (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 502(a)(4) 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. 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 title.

     SEC. 133. 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.

     SEC. 134. 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.
       (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 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).

     SEC. 135. OBJECTIVES FOR EXTENDED NEGOTIATIONS.

       (a) Trade in Financial Services.--The principal negotiating 
     objective of the United States in the extended negotiations 
     on financial services to be conducted under the auspices of 
     the WTO is to seek to secure commitments, from a wide range 
     of commercially important developed and developing countries, 
     to reduce or eliminate barriers to the supply of financial 
     services, including barriers that deny national treatment or 
     market access by restricting the establishment or operation 
     of financial services providers, as the condition for the 
     United States--
       (1) offering commitments to provide national treatment and 
     market access in each of the financial services subsectors, 
     and
       (2) making such commitments on a most-favored-nation basis.
       (b) Trade in Basic Telecommunications Services.--The 
     principal negotiating objective of the United States in the 
     extended negotiations on basic telecommunications services to 
     be conducted under the auspices of the WTO is to obtain the 
     opening on nondiscriminatory terms and conditions of foreign 
     markets for basic telecommunications services through 
     facilities-based competition or through the resale of 
     services on existing networks.
       (c) Trade in civil aircraft.--
       (1) Negotiations.--The principal negotiating objectives of 
     the United States in the extended negotiations on trade in 
     civil aircraft to be conducted under the auspices of the WTO 
     are--
       (A) to obtain competitive opportunities for United States 
     exports in foreign markets substantially equivalent to those 
     afforded to foreign products in the United States;
       (B) to obtain the reduction or elimination of specific 
     tariff and nontariff barriers, including through expanded 
     membership in the Agreement on Trade in Civil Aircraft and in 
     the US-EC bilateral agreement for large civil aircraft,
       (C) to maintain vigorous and effective disciplines on 
     subsidies practices with respect to civil aircraft products 
     under the Agreement on Subsidies and Countervailing Measures 
     referred to in section 101(d)(12),
       (D) to maintain the scope and coverage on indirect support 
     as specified in the US-EC bilateral agreement on large civil 
     aircraft, and
       (E) to obtain increased transparency with respect to 
     foreign subsidy programs in the civil aircraft sector, both 
     through greater government disclosure with respect to the use 
     of taxpayer moneys and higher financial disclosure standards 
     for companies receiving government supports (including 
     disclosure comparable to that required under United States 
     securities laws).
       (2) Definitions.--For purposes of paragraph (1)--
       (A) the term ``civil aircraft'' means those products to 
     which the Agreement on Trade in Civil Aircraft applies,
       (B) the term ``large civil aircraft'' has the meaning given 
     that term in Annex II to the US-EC bilateral agreement,
       (C) the term ``indirect support'' means indirect government 
     support as defined in Annex II to the US-EC bilateral 
     agreement,
       (D) the term ``Agreement on Trade in Civil Aircraft'' means 
     the Agreement on Trade in Civil Aircraft approved by the 
     Congress under section 2 of the Trade Agreements Act of 1979, 
     and
       (E) the term ``US-EC bilateral agreement'' means the 
     Agreement Concerning the Application of the GATT Agreement on 
     Trade in Civil Aircraft Between the European Economic 
     Community and the Government of the United States of America 
     on trade in large civil aircraft, entered into on July 17, 
     1992.

     SEC. 136. REPEAL OF TAX ON IMPORTED PERFUMES; DRAWBACK OF TAX 
                   ON DISTILLED SPIRITS USED IN PERFUME 
                   MANUFACTURE.

       (a) Repeal of Tax on Imported Perfumes.--Subsection (a) of 
     section 5001 of the Internal Revenue Code of 1986 is amended 
     by striking paragraph (3) and redesignating the following 
     paragraphs accordingly.
       (b) Drawback of Tax on Distilled Spirits Used in Perfume 
     Manufacture.--Sections 5131(a), 5132, 5134(c)(1), and 7652(g) 
     of such Code are each amended by striking ``or flavoring 
     extracts'' and inserting ``flavoring extracts, or perfume''.
       (c) Conforming Amendments.--
       (1) Subsection (b) of section 5002 of such Code is amended 
     by striking paragraph (1) and redesignating the following 
     paragraphs accordingly.
       (2) Subsection (f) of section 5005 of such Code is 
     amended--
       (A) by striking ``section 5001(a)(6) and (7)'' in paragraph 
     (3) and inserting ``section 5001(a)(5) and (6)'', and
       (B) by striking ``section 5001(a)(5)'' in paragraph (4) and 
     inserting ``section 5001(a)(4)''.
       (3) Subsection (b) of section 5007 of such Code is amended 
     to read as follows:
       ``(b) Collection of Tax on Imported Distilled Spirits.--The 
     internal revenue tax imposed by section 5001(a)(1) and (2) 
     upon imported distilled spirits shall be collected by the 
     Secretary and deposited as internal revenue collections, 
     under such regulations as the Secretary may prescribe. 
     Section 5688 shall be applicable to the disposition of 
     imported spirits.''.
       (4) Paragraph (3) of section 5007(c) of such Code is 
     amended by striking ``section 5001(a)(5), (6), and (7)'' and 
     inserting ``section 5001(a)(4), (5), and (6)''.
       (5) Paragraph (1) of section 5061(b) of such Code is 
     amended to read as follows:
       ``(1) section 5001(a)(4), (5), or (6),''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 1995.

     SEC. 137. CERTAIN NONRUBBER FOOTWEAR.

       In the case of nonrubber footwear imported from Brazil--
       (1) which is subject to Treasury Decision 74-233, dated 
     September 9, 1974,
       (2) which was entered, or withdrawn from warehouse for 
     consumption, on or before October 28, 1981, and
       (3) with respect to which entries are unliquidated on the 
     date of the enactment of this Act,

     countervailing duties shall be assessed at rates equal to the 
     amount of the cash deposit of the estimated countervailing 
     duties required on such footwear at the time of entry or 
     withdrawal from warehouse for consumption. Interest on 
     underpayments of amounts required to be deposited as 
     countervailing duties shall be paid in accordance with 
     section 778 of the Tariff Act of 1930 (19 U.S.C. 1677g).

     SEC. 138. EFFECTIVE DATE.

       (a) In General.--Except as provided in section 136(d) and 
     subsection (b) of this section, this subtitle and the 
     amendments made by this subtitle take effect on the date of 
     the enactment of this Act.
       (b) Sections 132 and 135.--Sections 132 and 135 take effect 
     on the date on which the WTO Agreement enters into force with 
     respect to the United States.
        TITLE II--ANTIDUMPING AND COUNTERVAILING DUTY PROVISIONS

     SEC. 201. REFERENCE.

       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 of the Tariff Act of 1930.
                     Subtitle A--General Provisions

     SEC. 211. ACTION WITH RESPECT TO PETITIONS.

       (a) Countervailing Duty Investigations.--Section 702(b) (19 
     U.S.C. 1671a(b)) is amended--
       (1) in paragraph (3) by striking ``subsection 702(b)(1)'' 
     and inserting ``paragraph (1)'', and
       (2) by adding at the end the following:
       ``(4) Action with respect to petitions.--
       ``(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).''.
       (b) Antidumping Investigations.--Section 732(b) (19 U.S.C. 
     1673a(b)) is amended by adding at the end the following:
       ``(3) Action with respect to petitions.--
       ``(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) 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).''.

     SEC. 212. PETITION AND PRELIMINARY DETERMINATION.

       (a) General Requirements.--
       (1) Countervailing duty petition.--Section 702(c) (19 
     U.S.C. 1671a(c)) is amended to read as follows:
       ``(c) Petition Determination.--
       ``(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)(A).''.
       (2) Antidumping duty petition.--Section 732(c) (19 U.S.C. 
     1673a(c)) is amended to read as follows:
       ``(c) Petition Determination.--
       ``(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)(A).''.
       (b) Determination by the Commission of Reasonable 
     Indication of Injury; Preliminary Determination by the 
     Administering Authority.--
       (1) Countervailing duty investigations.--
       (A) Section 703(a) (19 U.S.C. 1671b(a)) is amended to read 
     as follows:
       ``(a) Determination by Commission of Reasonable Indication 
     of Injury.--
       ``(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) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) is amended by 
     adding at the end the following: ``If the Commission 
     determines that imports of the subject merchandise are 
     negligible, the investigation shall be terminated.''.
       (C) Section 703(b) (19 U.S.C. 1671b(b)) is amended--
       (i) in paragraph (1)--

       (I) by striking ``85 days after the date on which the 
     petition is filed under section 702(b)'' and inserting ``65 
     days after the date on which the administering authority 
     initiates an investigation under section 702(c)'';
       (II) by striking ``best information'' and inserting 
     ``information''; and
       (III) by striking the last sentence; and

       (ii) in paragraph (2), by striking ``85 days after the date 
     on which the petition is filed under section 702(b)'' and 
     inserting ``65 days after the date on which the administering 
     authority initiates an investigation under section 702(c)''.
       (D) Section 703(c)(1) (19 U.S.C. 1671b(c)) is amended by 
     striking ``150th day after the date on which a petition is 
     filed under section 702(b)'' and inserting ``130th day after 
     the date on which the administering authority initiates an 
     investigation under section 702(c)''.
       (E) Section 702(b)(3) (19 U.S.C. 1671a(b)(3)) is amended by 
     striking ``twenty days'' and inserting ``5 days after the 
     date on which the administering authority initiates an 
     investigation under subsection (c),''.
       (F) Section 703(f) (19 U.S.C. 1671b(f)) is amended to read 
     as follows:
       ``(f) 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.''.
       (2) Antidumping duty investigations.--
       (A) Section 733(a) (19 U.S.C. 1673b(a)) is amended to read 
     as follows:
       ``(a) Determination by Commission of Reasonable Indication 
     of Injury.--
       ``(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) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) is amended by 
     adding at the end the following: ``If the Commission 
     determines that imports of the subject merchandise are 
     negligible, the investigation shall be terminated.''.
       (C) Section 733(b)(1) (19 U.S.C. 1673b(b)(1)) is amended--
       (i) in subparagraph (A)--

       (I) by striking ``160 days after the date on which a 
     petition is filed under section 732(b)'' and inserting ``140 
     days after the date on which the administering authority 
     initiates an investigation under section 732(c)''; and
       (II) by striking ``best information'' and inserting 
     ``information''; and

       (ii) in subparagraph (B)--

       (I) by striking ``120'' and inserting ``100'';
       (II) by striking ``160'' and inserting ``140'';
       (III) by striking ``100'' and inserting ``80''; and
       (IV) by striking ``160'' and inserting ``140''.

       (D) Section 733(c)(1) (19 U.S.C. 1673b(c)(1)) is amended by 
     striking ``210th day after the date on which a petition is 
     filed under section 732(b)'' and inserting ``190th day after 
     the date on which the administering authority initiates an 
     investigation under section 732(c)''.
       (E) Section 733(f) (19 U.S.C. 1673b(f)) is amended to read 
     as follows:
       ``(f) 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.''.

     SEC. 213. DE MINIMIS DUMPING MARGIN.

       (a) Preliminary Determinations.--Section 733(b) (19 U.S.C. 
     1673b(b)) is amended by adding at the end the following new 
     paragraph:
       ``(3) 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.''.
       (b) Final Determinations.--Section 735(a) (19 U.S.C. 
     1673d(a)) is amended by adding at the end the following new 
     paragraph:
       ``(4) 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).''.

     SEC. 214. CRITICAL CIRCUMSTANCES.

       (a) Countervailing Duty Investigations.--
       (1) Preliminary determinations.--Section 703(e)(1) (19 
     U.S.C. 1671b(e)(1)) is amended--
       (A) in the matter preceding subparagraph (A) by striking 
     ``best information'' and inserting ``information''; and
       (B) by amending subparagraphs (A) and (B) to read as 
     follows:
       ``(A) the alleged countervailable subsidy is inconsistent 
     with the Subsidies Agreement, and
       ``(B) there have been massive imports of the subject 
     merchandise over a relatively short period.''.
       (2) Final determinations.--(A) Section 705(a)(2) (19 U.S.C. 
     1671d(a)(2)) is amended--
       (i) in subparagraph (A) by inserting ``Subsidies'' before 
     ``Agreement''; and
       (ii) in subparagraph (B) by striking ``class or kind of 
     merchandise involved'' and inserting ``subject merchandise''.
       (B) Section 705(b)(4)(A) (19 U.S.C. 1671d(b)(4)) is amended 
     to read as follows:
       ``(A) Commission standard for retroactive application.--
       ``(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.''.

       (b) Antidumping Investigations.--
       (1) Preliminary determinations.--Section 733(e)(1) (19 
     U.S.C. 1673b(e)(1)) is amended--
       (A) in the matter preceding subparagraph (A) by striking 
     ``best information'' and inserting ``information''; and
       (B) by amending subparagraphs (A) and (B) to read as 
     follows:
       ``(A)(i) there is a history of dumping and material injury 
     by reason of dumped imports in the United States or elsewhere 
     of the subject merchandise, or
       ``(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 was likely to be material injury by 
     reason of such sales, and
       ``(B) there have been massive imports of the subject 
     merchandise over a relatively short period.''.
       (2) Final determinations.--(A) Section 735(a)(3) (19 U.S.C. 
     1673d(a)(3)) is amended--
       (i) in clause (i) of subparagraph (A)--
       (I) by inserting ``and material injury by reason of dumped 
     imports'' after ``history of dumping''; and
       (II) by striking ``class or kind of the merchandise which 
     is the subject of the investigation'' and inserting ``subject 
     merchandise'';
       (ii) in clause (ii) of subparagraph (A) by striking 
     ``merchandise which is the subject of the investigation at 
     less than its fair value'' and inserting ``subject 
     merchandise at less than its fair value and that there would 
     be material injury by reason of such sales''; and
       (iii) in subparagraph (B) by striking ``merchandise which 
     is the subject of the investigation'' and inserting ``subject 
     merchandise''.
       (B) Section 735(b)(4)(A) (19 U.S.C. 1673d(b)(4)(A)) is 
     amended to read as follows:
       ``(A) Commission standard for retroactive application.--
       ``(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.''.

     SEC. 215. PROVISIONAL MEASURES.

       (a) Countervailing Duties.--
       (1) Suspension of liquidation.--Section 703(d) (19 U.S.C. 
     1671b(d)) is amended--
       (A) in paragraph (1), by striking ``warehouse'' and all 
     that follows through ``Register,'' and inserting ``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
       (B) by adding at the end the following:
     ``The instructions of the administering authority under 
     paragraphs (1) and (2) may not remain in effect for more than 
     4 months.''.
       (2) Critical circumstances cases.--Section 703(e)(2) (19 
     U.S.C. 1671b(e)(2)) is amended by striking ``warehouse, for 
     consumption on or after the date which is 90 days before the 
     date on which suspension of liquidation was first ordered.'' 
     and inserting ``warehouse, for consumption on or after the 
     later of--
       ``(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.''.
       (b) Antidumping Duties.--
       (1) Suspension of liquidation.--Section 733(d) (19 U.S.C. 
     1673b(d)) is amended--
       (A) in paragraph (1), by striking ``warehouse'' and all 
     that follows through ``Register,'' and inserting ``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
       (B) by adding at the end the following:
     ``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.''.
       (2) Critical circumstances cases.--Section 733(e)(2) (19 
     U.S.C. 1673b(e)(2)) is amended by striking ``warehouse, for 
     consumption on or after the date which is 90 days before the 
     date on which suspension of liquidation was first ordered.'' 
     and inserting ``warehouse, for consumption on or after the 
     later of--
       ``(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.''.

     SEC. 216. CONDITIONS ON ACCEPTANCE OF SUSPENSION AGREEMENTS.

       (a) Countervailing Duties.--Section 704(d)(1) (19 U.S.C. 
     1671c(d)(1)) is amended by striking ``In applying'' and 
     inserting the following:

     ``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''.
       (b) Antidumping Duties.--Section 734(d) (19 U.S.C. 
     1673c(d)) is amended by adding at the end the following flush 
     sentence:
     ``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.''.

     SEC. 217. TERMINATION OF INVESTIGATION.

       (a) Countervailing Duty Investigations.--Section 704(a)(1) 
     (19 U.S.C. 1671c(a)(1)) is amended--
       (1) by striking ``Except'' and inserting ``(A) Withdrawal 
     of petition.--Except'';
       (2) by indenting the text so as to align it with 
     subparagraph (B) (as added by paragraph (3) of this 
     subsection); and
       (3) by adding at the end the following:
       ``(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.''.
       (b) Antidumping Duty Investigations.--Section 734(a)(1) (19 
     U.S.C. 1673c(a)(1)) is amended--
       (1) by striking ``Except'' and inserting ``(A) Withdrawal 
     of petition.--Except'';
       (2) by indenting the text so as to align it with 
     subparagraph (B) (as added by paragraph (3) of this 
     subsection); and
       (3) by adding at the end the following:
       ``(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.''.

     SEC. 218. SPECIAL RULES FOR REGIONAL INDUSTRIES.

       (a) Suspension Agreements.--
       (1) Countervailing duty investigations.--Section 704 (19 
     U.S.C. 1671c) is amended by adding at the end the following 
     new subsection:
       ``(l) Special Rule for Regional Industry Investigations.--
       ``(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.''.
       (2) Antidumping investigations.--Section 734 (19 U.S.C. 
     1673c) is amended by adding at the end the following new 
     subsection:
       ``(m) Special Rule for Regional Industry Investigations.--
       ``(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.''.
       (b) Applicability of Orders to New Shippers.--
       (1) Countervailing duty cases.--Section 706 (19 U.S.C. 
     1671e) is amended by adding at the end the following new 
     subsection:
       ``(c) Special Rule for Regional Industries.--
       ``(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).''.
       (2) Antidumping duty cases.--Section 736 (19 U.S.C.1673e) 
     is amended by adding at the end the following new subsection:
       ``(d) Special Rule for Regional Industries.--
       ``(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. 219. DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN.

       (a) Preliminary Determination.--
       (1) In general.--Section 733(d) (19 U.S.C. 1673b(d)) is 
     amended--
       (A) by striking paragraph (2);
       (B) by redesignating paragraph (1), as amended by section 
     215(b)(1)(A), as paragraph (2);
       (C) by inserting ``and'' at the end of paragraph (2), as so 
     redesignated; and
       (D) by inserting before such paragraph (2) the following 
     new paragraph:
       ``(1)(A) shall--
       ``(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) Conforming amendments.--Section 733(b)(1)(A) (19 U.S.C. 
     1673b(b)(1)(A)) is amended by striking the last sentence.
       (b) Final Determination.--
       (1) In general.--Section 735(c)(1) (19 U.S.C. 1673d(c)(1)) 
     is amended--
       (A) in subparagraph (B)--
       (i) by redesignating such subparagraph as subparagraph (C); 
     and
       (ii) by striking ``under paragraphs (1) and (2)'' and all 
     that follows through ``security'' and inserting ``the 
     suspension of liquidation under section 733(d)(2)'';
       (B) by striking ``and'' at the end of subparagraph (A); and
       (C) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B)(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''.
       (2) Method for determining weighted average dumping 
     margin.--Section 735(c) (19 U.S.C. 1673d(c)) is amended by 
     adding at the end the following new paragraph:
       ``(5) Method for determining estimated all-others rate.--
       ``(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.''.
       (c) Technical and Conforming Amendments.--
       (1) Section 733(e)(2) is amended by striking ``subsection 
     (d)(1)'' and inserting ``subsection (d)(2)''.
       (2) Section 734(f)(2)(A) is amended--
       (A) in clause (i), by striking ``section 733(d)(1)'' and 
     inserting ``section 733(d)(2)''; and
       (B) in clause (iii), by striking ``section 733(d)(2)'' and 
     inserting ``section 733(d)(1)(B)''.
       (3) Section 734(f)(2)(B) is amended--
       (A) by striking ``section 733(d)(1)'' and inserting 
     ``section 733(d)(2)''; and
       (B) by striking ``section 733(d)(2)'' and inserting 
     ``section 733(d)(1)(B)''.
       (4) Section 734(h)(3) is amended--
       (A) in subparagraph (A), by striking ``section 733(d)(1)'' 
     and inserting ``section 733(d)(2)''; and
       (B) in subparagraph (B), by striking ``section 733(d)(2)'' 
     and inserting ``section 733(d)(1)(B)''.
       (5) Section 734(i)(1)(A) is amended by striking ``section 
     733(d)(1)'' and inserting ``section 733(d)(2)''.
       (6) Section 735(c)(2)(A) is amended by striking ``section 
     703(d)(1)'' and inserting ``section 733(d)(2)''.
       (7) Section 735(c)(2)(B) is amended by striking ``section 
     733(d)(2)'' and inserting ``section 733(d)(1)(B)''.
       (8) Section 735(c)(3)(B) is amended by striking ``section 
     733(d)(2)'' and inserting ``section 733(d)(1)(B)''.
       (9) Section 736(b)(1) is amended by striking ``section 
     733(d)(1)'' each place it appears and inserting ``section 
     733(d)(2)''.
       (10) Section 737(a) is amended by striking ``section 
     733(d)(2)'' each place it appears in the heading and in the 
     text and inserting ``section 733(d)(1)(B)''.

     SEC. 220. REVIEW OF DETERMINATIONS.

       (a) In General.--Section 751 (19 U.S.C. 1675) is amended to 
     read as follows:

     ``SEC. 751. ADMINISTRATIVE REVIEW OF DETERMINATIONS.

       ``(a) Periodic Review of Amount of Duty.--
       ``(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.
       ``(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) 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.''.
       (b) Review of Determinations.--
       (1) In general.--Section 516A(a)(1) (19 U.S.C. 1516A(a)(1)) 
     is amended by striking ``or'' at the end of subparagraph (B), 
     by inserting ``or'' at the end of subparagraph (C), and by 
     inserting immediately after subparagraph (C) the following 
     new subparagraph:
       ``(D) a final determination by the administering authority 
     or the Commission under section 751(c)(3),''.
       (2) Technical amendments.--Section 516A(b)(1) (19 U.S.C. 
     1516a(b)(1)) is amended--
       (A) in subparagraph (A), by striking ``under paragraph (1) 
     of subsection (a)'' and inserting ``under subparagraph (A), 
     (B), or (C) of subsection (a)(1)'', and
       (B) in subparagraph (B)--
       (i) by striking ``(B) in an action'' and inserting ``(B)(i) 
     in an action'',
       (ii) by striking the end period and inserting ``, or'', and
       (iii) by adding at the end the following:
       ``(ii) 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.''.
       (c) Conforming Amendment.--Section 504 (19 U.S.C. 1504) is 
     amended--
       (1) in subsection (a), by inserting ``except as provided in 
     section 751(a)(3),'' before ``an entry of merchandise not 
     liquidated'', and
       (2) in subsection (d), by striking ``When a suspension'' 
     and inserting ``Except as provided in section 751(a)(3), when 
     a suspension''.

     SEC. 221. REVIEW DETERMINATIONS.

       (a) In General.--Chapter 1 of subtitle C of title VII (19 
     U.S.C. 1675) is amended by adding at the end the following 
     new section:

     ``SEC. 752. SPECIAL RULES FOR SECTION 751(b) AND 751(c) 
                   REVIEWS.

       ``(a) Determination of Likelihood of Continuation or 
     Recurrence of Material Injury.--
       ``(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.''.
       (b) Affirmative Determinations by Divided Commission.--
     Section 771(11) (19 U.S.C. 1677(11)) is amended by inserting 
     ``, including a determination under section 751,'' after 
     ``determination by the Commission''.
       (c) Conforming Amendment.--The table of contents for title 
     VII is amended by inserting after the item relating to 
     section 751 the following:

``Sec. 752. Special rules for section 751(b) and 751(c) reviews.''.

     SEC. 222. DEFINITIONS.

       (a) Industry.--
       (1) In general.--Subparagraphs (A) and (B) of section 
     771(4) (19 U.S.C. 1677(4) (A) and (B)) are amended to read as 
     follows:
       ``(A) 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.
       ``(B) 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.''.
       (2) Regional industry.--Section 771(4)(C) (19 U.S.C. 
     1677(4)(C)) is amended by adding at the end the following new 
     sentence: ``The term `regional industry' means the domestic 
     producers within a region who are treated as a separate 
     industry under this subparagraph.''.
       (b) Impact on Affected Domestic Industry.--
       (1) In general.--Section 771(7)(C)(iii) (19 U.S.C. 
     1677(7)(C)(iii)) is amended--
       (A) by striking ``and'' at the end of subclause (III), and
       (B) by striking the period at the end of subclause (IV) and 
     inserting ``, and

       ``(V) in a proceeding under subtitle B, the magnitude of 
     the margin of dumping.''.

       (2) Captive production.--Section 771(7)(C) (19 U.S.C. 
     1677(7)(C)) is amended by striking clause (iv) and inserting 
     the following:
       ``(iv) 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--

       ``(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.''.
       (3) Technical correction.--Section 771(7)(C)(iii) is 
     amended by striking ``subparagraph (B)(iii)'' and inserting 
     ``subparagraph (B)(i)(III)''.
       (c) Determination of Threat of Injury.--Clauses (i) and 
     (ii) of section 771(7)(F) (19 U.S.C. 1677(7)(F) (i) and (ii)) 
     are amended to read as follows:
       ``(i) 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--

       ``(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) 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.''.
       (d) Negligible Imports.--Section 771 (19 U.S.C. 1677) is 
     amended--
       (1) in paragraph (7) by striking clause (v) of subparagraph 
     (C), and
       (2) by adding at the end the following:
       ``(24) Negligible imports.--
       ``(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 
     duty 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.''.
       (e) Cumulation.--Section 771(7) (19 U.S.C. 1677(7)) is 
     amended--
       (1) in subparagraph (F) by striking clause (iv), and
       (2) by adding at the end the following:
       ``(G) 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) 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
       ``(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) 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.''.
       (f) Consideration of Post-Petition Information.--Section 
     771(7) (19 U.S.C. 1677(7)), is amended by adding at the end 
     the following:
       ``(I) 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.''.
       (g) Interested Party.--Section 771(9) (19 U.S.C. 1677(9)) 
     is amended--
       (1) in subparagraph (A), by inserting ``producers, 
     exporters, or'' before ``importers'', and
       (2) in subparagraph (B), inserting ``or from which such 
     merchandise is exported'' after ``manufactured''.
       (h) Ordinary Course of Trade.--Section 771(15) (19 U.S.C. 
     1677(15)) is amended--
       (1) by striking ``merchandise which is the subject of an 
     investigation'' and inserting ``subject merchandise''; and
       (2) by adding at the end the following: ``The administering 
     authority shall consider the following sales and 
     transactions, among others, to be outside the ordinary course 
     of trade:
       ``(A) Sales disregarded under section 773(b)(1).
       ``(B) Transactions disregarded under section 773(f)(2).''.
       (i) Other Definitions.--
       (1) In general.--Section 771 (19 U.S.C. 1677), as amended 
     by subsection (d), is amended by adding at the end the 
     following:
       ``(25) 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.
       ``(26) 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) Suspension agreement.--The term `suspension 
     agreement' means an agreement described in section 704(b), 
     704(c), 734(b), 734(c), or 734(l).
       ``(28) 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) WTO agreement.--The term `WTO Agreement' means the 
     Agreement defined in section 2(9) of the Uruguay Round 
     Agreements Act.
       ``(30) 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.
       ``(31) GATT 1994.--The term `GATT 1994' means the General 
     Agreement on Tariffs and Trade annexed to the WTO Agreement.
       ``(32) Trade representative.--The term `Trade 
     Representative' means the United States Trade Representative.
       ``(33) 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) Dumped; dumping.--The terms `dumped' and `dumping' 
     refer to the sale or likely sale of goods at less than fair 
     value.''.
       (2) Exporter.--Paragraph (13) of section 771 (19 U.S.C. 
     1677(13)) is repealed.

     SEC. 223. EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.

       Section 772 (19 U.S.C. 1677a) is amended to read as 
     follows:

     ``SEC. 772. 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).
       ``(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;
       ``(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. 224. NORMAL VALUE.

       Section 773 (19 U.S.C. 1677b) is amended to read as 
     follows:

     ``SEC. 773. 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:
       ``(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. 225. CURRENCY CONVERSION.

       (a) In General.--Subtitle D of title VII (19 U.S.C. 1677 et 
     seq.) is amended by inserting after section 773 the following 
     new section:

     ``SEC. 773A. 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.
       ``(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.''.
       (b) Conforming Amendment.--The table of contents for title 
     VII is amended by inserting after the item relating to 
     section 773 the following new item:

``Sec. 773A. Currency conversion.''.

     SEC. 226. PROPRIETARY AND NONPROPRIETARY INFORMATION.

       (a) Proprietary Status Maintained.--
       (1) In general.--Section 777(b)(1) (19 U.S.C. 1677f(b)(1)) 
     is amended to read as follows:
       ``(1) Proprietary status maintained.--
       ``(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) Section 751 reviews.--Section 777(b) (19 U.S.C. 
     1677f(b)) is amended by adding at the end the following:
       ``(3) 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.''.
       (b) Unwarranted Proprietary Designation.--Section 777(b)(2) 
     (19 U.S.C. 1677f(b)(2)) is amended by adding at the end the 
     following new sentence: ``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.''.

     SEC. 227. OPPORTUNITY FOR COMMENT BY CONSUMERS AND INDUSTRIAL 
                   USERS.

       Section 777 (19 U.S.C. 1677f) is amended by adding at the 
     end the following new subsection:
       ``(h) 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.''.

     SEC. 228. PUBLIC NOTICE AND EXPLANATION OF DETERMINATIONS.

       Section 777 (19 U.S.C. 1677f), as amended by section 227, 
     is amended by adding at the end the following:
       ``(i) Publication of Determinations; Requirements for Final 
     Determinations.--
       ``(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. 229. SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED 
                   AVERAGE DUMPING MARGIN.

       (a) In General.--Section 777A (19 U.S.C. 1677f-1) is 
     amended to read as follows:

     ``SEC. 777A. SAMPLING AND AVERAGING; DETERMINATION OF 
                   WEIGHTED AVERAGE DUMPING MARGIN.

       ``(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--
       ``(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.''.
       (b) Dumping Margin; Weighted Average Dumping Margin.--
     Section 771 (19 U.S.C. 1677), as amended by section 222(i), 
     is amended by adding at the end the following new paragraph:
       ``(35) Dumping margin; weighted average dumping margin.--
       ``(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).''.

     SEC. 230. ANTICIRCUMVENTION.

       (a) In General.--Subsections (a) and (b) of section 781 (19 
     U.S.C. 1677j (a) and (b)) are amended to read as follows:
       ``(a) Merchandise Completed or Assembled in the United 
     States.--
       ``(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 or 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.''.
       (b) Time Limits for Administering Authority 
     Determinations.--Section 781 (19 U.S.C. 1677j) is amended by 
     adding at the end the following:
       ``(f) 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.''.

     SEC. 231. EVIDENCE.

       (a) Conduct of Investigations and Administrative Reviews.--
     Subtitle D of title VII (19 U.S.C. 1671) is amended by adding 
     at the end the following new section:

     ``SEC. 782. 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--
       ``(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.''.
       (b) Availability of Nonproprietary Information.--Section 
     777(a)(4) (19 U.S.C. 1677f(a)(4)) is amended by striking 
     ``may disclose'' and inserting ``shall disclose''.
       (c) Determinations on the Basis of the Facts Available.--
     Section 776 (19 U.S.C. 1677e) is amended to read as follows:

     ``SEC. 776. DETERMINATIONS ON THE BASIS OF THE FACTS 
                   AVAILABLE.

       ``(a) In General.--If--
       ``(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.''.
       (d) Conforming Amendments.--
       (1) Section 777(e) (19 U.S.C. 1677f(e)) is repealed.
       (2) The table of contents for title VII is amended--
       (A) by amending the item relating to section 776 to read as 
     follows:

``Sec. 776. Determinations on the basis of the facts available.'';

     and
       (B) by inserting after the item relating to section 781 the 
     following new item:

``Sec. 782. Conduct of investigations and administrative reviews.''.

     SEC. 232. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.

       (a) In General.--Subtitle D of title VII (19 U.S.C. 1677 et 
     seq.), as amended by section 231(a), is amended by adding at 
     the end the following new section:

     ``SEC. 783. 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--
       ``(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 (d), the final determinations of 
     the administering authority and the Commission under this 
     section shall be treated as final determinations made under 
     section 735.
       ``(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.''.
       (b) Conforming Amendment.--The table of contents for title 
     VII, as amended by section 231(d)(2), is amended by adding 
     after the item relating to section 782 the following new 
     item:

``Sec. 783. Antidumping petitions by third countries.''.

     SEC. 233. CONFORMING AMENDMENTS.

       (a) Terminology.--
       (1) Normal value.--Each of the following sections is 
     amended by striking ``foreign market value'' each place it 
     appears in the text and in the heading and inserting ``normal 
     value'':
       (A) Section 731 (19 U.S.C. 1673).
       (B) Section 734 (19 U.S.C. 1673c).
       (C) Section 736 (19 U.S.C. 1673e).
       (D) Section 739 (19 U.S.C. 1673h).
       (E) Section 780 (19 U.S.C. 1677i).
       (2) Export price.--
       (A) In general.--Each of the following sections is amended 
     by striking ``United States price'' each place it appears in 
     the text and in the heading and inserting ``export price (or 
     the constructed export price)'':
       (i) Section 731 (19 U.S.C. 1673).
       (ii) Section 734 (19 U.S.C. 1673c).
       (iii) Section 736 (19 U.S.C. 1673e).
       (iv) Section 738 (19 U.S.C. 1673g).
       (v) Section 739 (19 U.S.C. 1673h).
       (vi) Section 780 (19 U.S.C. 1677i).
       (B) Exporter's sales price.--Section 738(b)(3) (19 U.S.C. 
     1673g(b)(3)) is amended by striking ``exporter's sales 
     price'' and inserting ``constructed export price''.
       (3) Domestic like product.--
       (A) Each of the following sections is amended by striking 
     ``like product'' each place it appears in the text and in the 
     heading and inserting ``domestic like product'':
       (i) Section 771(4)(C) and (D) (19 U.S.C. 1677(4)(C) and 
     (D)).
       (ii) Section 771(7)(C)(iii)(IV) (19 U.S.C. 
     1677(7)(C)(iii)(IV)).
       (iii) Section 771(9) (19 U.S.C. 1677(9)).
       (iv) Section 771(10) (19 U.S.C. 1677(10)).
       (B) Sections 771(7)(B)(i)(II) and (III) and section 
     771(7)(C)(ii)(I) (19 U.S.C. 1677(7)(B)(i)(II) and (III) and 
     (C)(ii)(I)) are amended by striking ``like products'' and 
     inserting ``domestic like products''.
       (4) Foreign like product.--Section 771(16) (19 U.S.C. 
     1677(16)) is amended--
       (A) by striking ``such or similar merchandise'' in the text 
     and inserting ``foreign like product'', and
       (B) by amending the heading to read as follows: ``Foreign 
     like product.''.
       (5) Subject merchandise.--
       (A) Section 701(d) (19 U.S.C. 1671(d)) is amended by 
     striking ``a class or kind of merchandise subject to a 
     countervailing duty investigation'' and inserting ``subject 
     merchandise''.
       (B) Section 702(e) (19 U.S.C. 1671a(e)) is amended by 
     striking ``class or kind of merchandise that is the subject 
     of the investigation'' each place it appears and inserting 
     ``subject merchandise''.
       (C) Section 703(b)(1) (19 U.S.C. 1671b(b)(1)) is amended by 
     striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (D) Section 704(a)(2)(A) (19 U.S.C. 1671c(a)(2)(A)) is 
     amended by striking ``merchandise that is subject to the 
     investigation'' and inserting ``subject merchandise''.
       (E) Section 704(b) (19 U.S.C. 1671c(b)) is amended by 
     striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (F) Section 704(c)(1) (19 U.S.C. 1671c(c)(1)) is amended by 
     striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (G) Section 704(c)(2) (19 U.S.C. 1671c(c)(2)) is amended by 
     striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (H) Section 704(c)(3) (19 U.S.C. 1671c(c)(3)) is amended by 
     striking ``merchandise which is the subject of an 
     investigation'' and inserting ``subject merchandise''.
       (I) Section 704(d)(3) (19 U.S.C. 1671c(d)(3)) is amended by 
     striking ``merchandise covered by such agreement'' and 
     inserting ``subject merchandise''.
       (J) Section 704(f)(1)(A) (19 U.S.C. 1671c(f)(1)(A)) is 
     amended by striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (K) Subparagraphs (A)(i) and (B) of section 704(f)(2) (19 
     U.S.C. 1671c(f)(2)(A)(i) and (B)) are amended by striking 
     ``merchandise which is the subject of the investigation'' 
     each place it appears and inserting ``subject merchandise''.
       (L) Paragraphs (2) and (3) of section 704(h) (19 U.S.C. 
     1671c(h) (2) and (3)) are amended by striking ``merchandise 
     which is the subject of the investigation'' each place it 
     appears and inserting ``subject merchandise''.
       (M) Section 704(j) (19 U.S.C. 1671c(j)) is amended by 
     striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (N) Section 705(a)(1) (19 U.S.C. 1671d(a)(1)) is amended by 
     striking ``the merchandise'' and inserting ``the subject 
     merchandise''.
       (O) Section 706(a)(2) (19 U.S.C. 1671e(a)(2)), as 
     redesignated by section 265, is amended by striking ``class 
     or kind of merchandise to which it applies'' and inserting 
     ``subject merchandise''.
       (P) Section 732(e)(1) (19 U.S.C. 1673a(e)(1)) is amended by 
     striking ``class or kind of the merchandise which is the 
     subject of the investigation'' and inserting ``the subject 
     merchandise''.
       (Q) Section 732(e)(2) (19 U.S.C. 1673a(e)(2)) is amended by 
     striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (R) Section 732(e) (19 U.S.C. 1673a(e)) is amended by 
     striking ``class or kind of merchandise that is the subject 
     of the investigation'' each place it appears and inserting 
     ``subject merchandise''.
       (S) Section 734(a)(2)(A) (19 U.S.C 1673c(a)(2)(A)) is 
     amended by striking ``merchandise that is subject to the 
     investigation'' and inserting ``subject merchandise''.
       (T) Subsections (b), (c)(1), (f)(1)(A), (f)(2)(A)(i), 
     (g)(1), (h)(2), (h)(3), and (j) of section 734 (19 U.S.C 
     1673c(b), (c)(1), (f)(1)(A), (f)(2)(A)(i), (g)(1), (h)(2), 
     (h)(3), and (j)) are amended by striking ``merchandise which 
     is the subject of the investigation'' each place it appears 
     and inserting ``subject merchandise''.
       (U) Section 734(f)(2)(B) (19 U.S.C. 1673c(f)(2)(B)) is 
     amended by striking ``merchandise subject to the 
     investigation'' and inserting ``subject merchandise''.
       (V) Section 735(a)(1) (19 U.S.C. 1673d(a)(1)) is amended by 
     striking ``merchandise which was the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (W) Section 736(a)(2) (19 U.S.C. 1673e(a)(2)) is amended by 
     striking ``class or kind of merchandise to which it applies'' 
     and inserting ``subject merchandise''.
       (X) Section 736(b)(1) (19 U.S.C. 1673e(b)(1)) is amended by 
     striking ``merchandise subject to the antidumping duty 
     order'' and inserting ``subject merchandise''.
       (Y) Section 736(b)(2) (19 U.S.C. 1673e(b)(2)) is amended by 
     striking ``merchandise subject to an antidumping duty order'' 
     and inserting ``subject merchandise''.
       (Z) Section 762(a)(1) (19 U.S.C. 1676a(a)(1)) is amended by 
     striking ``merchandise subject to the agreement'' and 
     inserting ``subject merchandise''.
       (AA) Section 762(b)(2) (19 U.S.C. 1676a(b)(2)) is amended 
     by striking ``merchandise subject to the order'' and 
     inserting ``subject merchandise''.
       (BB) Section 771(7)(B)(i)(I) (19 U.S.C. 1677(7)(B)(i)(I)) 
     is amended by striking ``merchandise which is the subject of 
     the investigation'' and inserting ``subject merchandise''.
       (CC) Section 771(9)(A) (19 U.S.C. 1677(9)(A)) is amended by 
     striking ``merchandise which is the subject of an 
     investigation under this title'' and inserting ``subject 
     merchandise''.
       (DD) Section 771(16)(A) (19 U.S.C. 1677(16)(A)) is amended 
     by striking ``merchandise which is the subject of an 
     investigation'' and inserting ``subject merchandise''.
       (EE) Section 771(16)(B)(i) (19 U.S.C. 1677(16)(B)(i)) is 
     amended by striking ``merchandise which is the subject of an 
     investigation'' and inserting ``subject merchandise''.
       (FF) Section 771(17) (19 U.S.C. 1677(17)) is amended by 
     striking ``merchandise which is the subject of the 
     investigation'' and inserting ``subject merchandise''.
       (GG) Section 771A(c) (19 U.S.C. 1677-1(c)) is amended by 
     striking ``merchandise under investigation'' and inserting 
     ``subject merchandise''.
       (6) Initiate.--(A) Each of the following sections is 
     amended by striking ``commenced'' and inserting 
     ``initiated'':
       (i) Section 702(a).
       (ii) Section 702(b)(1).
       (iii) Section 703(b)(1).
       (iv) Section 703(c)(1).
       (v) Section 732(a)(1).
       (vi) Section 732(a)(2)(D).
       (vii) Section 732(b)(1).
       (viii) Section 733(b)(1)(A) and (B).
       (ix) Section 733(b)(2).
       (x) Section 733(c)(1).
       (B) Sections 703(g)(1) and 733(b)(2) are each amended by 
     striking ``commencement'' and inserting ``initiation''.
       (C) Section 732(a)(2)(B) is amended by striking 
     ``commence'' and inserting ``initiate''.
       (7) Technical amendments.--The table of contents for title 
     VII is amended--
       (A) by amending the item relating to section 772 to read as 
     follows:

``Sec. 772. Export price and constructed export price.'';

       (B) by striking ``Foreign market value'' in the item 
     relating to section 773 and inserting ``Normal value'', and
       (C) by inserting after the item relating to section 708 the 
     following new item:

``Sec. 709. Conditional payment of countervailing duty.''.

       (b) Other Conforming Amendments.--
       (1) WTO member.--Section 771(7)(F)(iii) (19 U.S.C. 
     1677(7)(F)(iii)) is amended--
       (A) in subclause (I), by striking ``GATT member'' and 
     inserting ``WTO member''; and
       (B) in subclause (II)--
       (i) in the subclause heading, by striking ``GATT member'' 
     and inserting ``WTO member'';
       (ii) by striking ``GATT member'' and inserting ``WTO 
     member''; and
       (iii) by striking ``signatory'' and all that follows 
     through ``measures)'' and inserting ``WTO member''.
       (2) Administering authority.--Section 771(1) (19 U.S.C. 
     1677(1)) is amended by striking ``the Treasury'' and 
     inserting ``Commerce''.

     SEC. 234. APPLICATION TO CANADA AND MEXICO.

       Pursuant to article 1902 of the North American Free Trade 
     Agreement and section 408 of the North American Free Trade 
     Agreement Implementation Act, the amendments made by this 
     title shall apply with respect to goods from Canada and 
     Mexico.
                    Subtitle B--Subsidies Provisions

                   PART 1--COUNTERVAILABLE SUBSIDIES

     SEC. 251. COUNTERVAILABLE SUBSIDY.

       (a) In General.--Section 771 (19 U.S.C. 1677) is amended by 
     striking paragraph (5) and inserting the following:
       ``(5) Countervailable subsidy.--
       ``(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.''.
       (b) Net Countervailable Subsidy.--Section 771(6) (19 U.S.C. 
     1677(6)) is amended by inserting ``countervailable'' before 
     ``subsidy'' each place it appears in the text and in the 
     heading.

        PART 2--REPEAL OF SECTION 303 AND CONFORMING AMENDMENTS

     SEC. 261. REPEAL OF SECTION 303.

       (a) In General.--Section 303 of the Tariff Act of 1930 (19 
     U.S.C. 1303) is repealed effective on the effective date of 
     this title.
       (b) Savings Provisions.--
       (1) Continuing effect of legal documents.--All orders, 
     determinations, and other administrative actions--
       (A) which have been issued pursuant to an investigation 
     conducted under section 303 of the Tariff Act of 1930, and
       (B) which are in effect on the effective date of this 
     title, or were final before such date and are to become 
     effective on or after such date,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the administering authority, the 
     International Trade Commission, or a court of competent 
     jurisdiction, or by operation of law. Except as provided in 
     paragraph (3), such orders or determinations shall be subject 
     to review under section 751 of the Tariff Act of 1930 and, to 
     the extent applicable, investigation under section 753 of 
     such Act (as added by this title).
       (2) Proceedings not affected.--The provisions of subsection 
     (a) shall not affect any proceedings, including notices of 
     proposed rulemaking, pending before the administering 
     authority or the International Trade Commission on the 
     effective date of this title with respect to such section 
     303. Orders shall be issued in such proceedings, appeals 
     shall be taken therefrom, and payments shall be made pursuant 
     to such orders, in accordance with such section 303 as in 
     effect on the day before the effective date of this title 
     and, except as provided in paragraph (3), shall be subject to 
     review under section 751 of the Tariff Act of 1930 and, to 
     the extent applicable, investigation under section 753 of 
     such Act. Orders issued in any such proceedings shall 
     continue in effect until modified, terminated, superseded, 
     set aside, or revoked in accordance with law by the 
     administering authority, a court of competent jurisdiction, 
     or by operation of law. Nothing in this section shall be 
     deemed to prohibit the discontinuance or modification of any 
     such proceeding under the same terms and conditions and to 
     the same extent that such proceeding could have been 
     discontinued or modified if this section had not been 
     enacted.
       (3) Suits not affected.--The provisions of subsection (a) 
     shall not affect the review pursuant to section 516A of the 
     Tariff Act of 1930 of a countervailing duty order issued 
     pursuant to an investigation conducted under section 303 of 
     such Act or a review of a countervailing duty order issued 
     under section 751 of such Act, if such review is pending or 
     the time for filing such review has not expired on the 
     effective date of this title.
       (c) Definition of Administering Authority.--For purposes of 
     this section, the term ``administering authority'' has the 
     meaning given such term by section 771(1) of the Tariff Act 
     of 1930.
       (d) Conforming Amendments.--
       (1) In general.--
       (A) Amendments to trade act of 1974.--
       (i) Section 331(d)(3) of the Trade Act of 1974 (19 U.S.C. 
     1303 note) is repealed.
       (ii) Section 152(a)(2) of the Trade Act of 1974 (19 U.S.C. 
     2192(a)(2)) is amended by striking ``(A) in the case of'' and 
     all that follows through ``(B)''.
       (iii) Section 154(a) of the Trade Act of 1974 (19 U.S.C. 
     2194(a)) is amended by striking ``or section 303(e) of the 
     Tariff Act of 1930,''.
       (B) Amendments to tariff act of 1930.--The following 
     sections of the Tariff Act of 1930 are amended:
       (i) Section 315(d) (19 U.S.C. 1315(d)) is amended by 
     inserting ``(as in effect on the day before the effective 
     date of title II of the Uruguay Round Agreements Act) or 
     section 701'' after ``section 303''.
       (ii) Section 337(b)(3) (19 U.S.C. 1337(b)(3)) is amended--

       (I) by striking ``of section 303 or subtitle B of title VII 
     of the Tariff Act of 1930'' and inserting ``of subtitle B of 
     title VII of this Act'',
       (II) by striking ``section 303, 671, or 673'' and inserting 
     ``section 701 or 731'',
       (III) by striking ``section 303, 701,'' and inserting 
     ``section 701'',
       (IV) by striking ``of the Secretary under section 303 of 
     this Act or'', and
       (V) by striking ``matter within such section 303, 701, or'' 
     and inserting ``matter within such section 701 or''.

       (iii) Section 701 (19 U.S.C. 1671) is amended by striking 
     subsection (f).
       (iv) Section 780(c)(1) (19 U.S.C. 1677i(c)(1)) is amended 
     by striking ``, 732(a), or 303'' and inserting ``or 732(a)''.
       (C) Other references.--Any reference to section 303 in any 
     other Federal law, Executive order, rule, or regulation shall 
     be treated as a reference to section 303 of the Tariff Act of 
     1930 as in effect on the day before the effective date of 
     title II of this Act.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the effective date of this title.

     SEC. 262. IMPOSITION OF COUNTERVAILING DUTIES.

       Section 701 (a), (b), and (c) (19 U.S.C. 1671 (a), (b), and 
     (c)) are amended to read as follows:
       ``(a) General Rule.--If--
       ``(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) 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) 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.''.

     SEC. 263. DE MINIMIS COUNTERVAILABLE SUBSIDY.

       (a) Preliminary Determinations.--Section 703(b) (19 U.S.C. 
     1671b(b)) is amended by adding at the end the following new 
     paragraph:
       ``(4) De minimis countervailable subsidy.--
       ``(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.''.

       (b) Final Determinations.--Section 705(a) (19 U.S.C. 
     1671d(a)) is amended by adding at the end the following new 
     paragraph:
       ``(3) 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).''.

     SEC. 264. DETERMINATION OF COUNTER-VAILABLE 
                   SUBSIDY RATE.

       (a) Preliminary Determination.--Section 703(d) (19 U.S.C. 
     1673b(d)) is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraph (1), as amended by section 
     215(a)(1), as paragraph (2);
       (3) by inserting ``and'' at the end of paragraph (2), as so 
     redesignated; and
       (4) by inserting before such paragraph (2) the following 
     new paragraph:
       ``(1)(A) shall--
       ``(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,''.
       (b) Final Determination.--
       (1) In general.--Section 705(c)(1) (19 U.S.C. 1671d(c)(1)) 
     is amended--
       (A) in subparagraph (B)--
       (i) by redesignating such subparagraph as subparagraph (C); 
     and
       (ii) by striking ``under paragraphs (1) and (2)'' and all 
     that follows through ``security'' and inserting ``the 
     suspension of liquidation under paragraph (2) of section 
     703(d)'';
       (B) by striking ``and'' at the end of subparagraph (A); and
       (C) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B)(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 777A(e)(2)(B) applies, determine a single 
     estimated country-wide subsidy rate, applicable to all 
     exporters and producers,
       ``(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''.
       (2) Method for determining counter-vailable 
     subsidy rate.--Section 705(c) (19 U.S.C. 1671d(c)) is amended 
     by adding at the end the following new paragraph:
       ``(5) Method for determining the all-others rate and the 
     country-wide subsidy rate.--
       ``(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.''.
       (c) Technical and Conforming Amendments.--
       (1) Section 703(b)(2) is amended--
       (A) by striking ``subsection (b)(1)'' and inserting 
     ``paragraph (1)'',
       (B) by striking ``subsection 702(b)(3)'' and inserting 
     ``section 702(b)(3)'',
       (C) by striking ``subsection 703(b)(1)'' and inserting 
     ``paragraph (1)'', and
       (D) by striking ``section 703(c)'' and inserting 
     ``subsection (c) of this section''.
       (2) Section 703(e)(2) is amended by striking ``subsection 
     (d)(1)'' and inserting ``subsection (d)(2)''.
       (3) Section 704(f)(2)(A) is amended--
       (A) in clause (i), by striking ``section 703(d)(1)'' and 
     inserting ``section 703(d)(2)''; and
       (B) in clause (iii), by striking ``section 703(d)(1)'' and 
     inserting ``section 703(d)(1)(B)''.
       (4) Section 704(f)(2)(B) is amended--
       (A) by striking ``section 703(d)(1)'' and inserting 
     ``section 703(d)(2)''; and
       (B) by striking ``section 703(d)(2)'' and inserting 
     ``section 703(d)(1)(B)''.
       (5) Section 704(h)(3) is amended--
       (A) in subparagraph (A), by striking ``section 703(d)(1)'' 
     and inserting ``section 703(d)(2)''; and
       (B) in subparagraph (B), by striking ``section 703(d)(2)'' 
     and inserting ``section 703(d)(1)(B)''.
       (6) Section 704(i)(1)(A) is amended by striking ``section 
     703(d)(1)'' and inserting ``section 703(d)(2)''.
       (7) Section 705(c)(2) is amended--
       (A) in subparagraph (A), by striking ``section 703(d)(1)'' 
     and inserting ``section 703(d)(2)''; and
       (B) in subparagraph (B), by striking ``section 703(d)(2)'' 
     and inserting ``section 703(d)(1)(B)''.
       (8) Section 705(c)(3)(B) is amended by striking ``section 
     703(d)(2)'' and inserting ``section 703(d)(1)(B)''.
       (9) Section 706(b)(1) is amended by striking ``section 
     703(d)(1)'' each place it appears and inserting ``section 
     703(d)(2)''.
       (10) Section 707(a) is amended--
       (A) by striking ``section 703(d)(2)'' and inserting 
     ``section 703(d)(1)(B)'', and
       (B) by striking ``Section 703(d)(2)'' in the heading and 
     inserting ``Section 703(d)(1)(B)''.
       (11) Section 708 is amended by striking ``section 
     703(d)(2)'' and inserting ``section 703(d)(1)(B)''.

     SEC. 265. ASSESSMENT OF COUNTERVAILING DUTY.

       Section 706(a) (19 U.S.C. 1671e(a)) is amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.

     SEC. 266. NATURE OF COUNTERVAILABLE SUBSIDY.

       Section 771(7)(E)(i) (19 U.S.C. 1677(7)(E)(i)) is amended 
     to read as follows:
       ``(i) 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.''.

     SEC. 267. DEFINITION OF DEVELOPING AND LEAST-DEVELOPED 
                   COUNTRY.

       Section 771 (19 U.S.C. 1677), as amended, is amended by 
     adding at the end the following new paragraph:
       ``(36) Developing and least developed country.--
       ``(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. 268. UPSTREAM SUBSIDIES.

       Section 771A(a) (19 U.S.C. 1677-1(a)) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     paragraph (1) and inserting the following:
       ``(a) Definition.--The term `upstream subsidy' means any 
     countervailable subsidy, other than an export subsidy, that--
       ``(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;'', and
       (2) in the flush sentence at the end thereof, by inserting 
     ``countervailable'' before ``subsidy''.

     SEC. 269. DETERMINATION OF COUNTER-VAILABLE 
                   SUBSIDY RATE.

       (a) In General.--Section 777A (19 U.S.C. 1677f-1), as 
     amended by section 229, is amended by adding at the end the 
     following new subsection:
       ``(e) Determination of Countervailable Subsidy Rate.--
       ``(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).''.
       (b) Conforming Amendments.--
       (1) The heading for section 777A, as amended by section 
     229, is amended by inserting ``and countervailable subsidy 
     rate'' after ``margin''.
       (2) The table of contents for title VII is amended by 
     inserting ``; determination of weighted average dumping 
     margin and countervailable subsidy rate'' after ``averaging'' 
     in the item relating to section 777A.

     SEC. 270. CONFORMING AMENDMENTS.

       (a) Countervailable Subsidy.--
       (1) Except as provided in paragraph (2), each of the 
     following sections is amended by striking ``subsidy'' each 
     place it appears in the text and in the heading and inserting 
     ``countervailable subsidy'':
       (A) Section 702(e) (19 U.S.C. 1671a(e)).
       (B) Section 703(b)(1) (19 U.S.C. 1671b(b)(1)).
       (C) Section 703(b)(2) (19 U.S.C. 1671b(b)(2)).
       (D) Section 703(c)(1)(B)(i)(I) (19 U.S.C. 
     1671b(c)(1)(B)(i)(I)).
       (E) Section 704 (19 U.S.C. 1671c).
       (F) Section 705(a)(1) (19 U.S.C. 1671d(a)(1)).
       (G) Section 705(a)(2) (19 U.S.C. 1671d(a)(2)).
       (H) Section 706(a)(1) (19 U.S.C. 1671e(a)(1)).
       (I) Section 761 (19 U.S.C. 1676).
       (J) Section 762 (19 U.S.C. 1676a).
       (K) Section 771A(b) (19 U.S.C. 1677-1(b)).
       (L) Section 771A(c) (19 U.S.C. 1677-1(c)).
       (M) Section 780(d)(1)(A)(ii) (19 U.S.C. 
     1677i(d)(1)(A)(ii)).
       (N) Section 516A(a)(2)(B)(iv) (19 U.S.C. 
     1516a(a)(2)(B)(iv)).
       (2)(A) The heading for section 704(b) (19 U.S.C. 1671c(b)) 
     is amended by striking ``Subsidy'' and inserting 
     ``Countervailable Subsidy''.
       (B) The heading for section 771(A)(c) (19 U.S.C. 1677-1(c)) 
     is amended by striking ``Subsidy'' and inserting 
     ``Countervailable Subsidy''.
       (b) Countervailable Subsidies.--
       (1) Except as provided in paragraph (2), each of the 
     following sections is amended by striking ``subsidies'' each 
     place it appears in the text and in the heading and inserting 
     ``countervailable subsidies'':
       (A) Section 701(d) (19 U.S.C. 1671(d)).
       (B) Section 703(c)(1)(B)(i)(III) (19 U.S.C. 
     1671b(c)(1)(B)(i)(III)).
       (C) Section 761 (19 U.S.C. 1676).
       (D) Section 771B (19 U.S.C. 1677-2).
       (2) The heading for section 761(a) and section 771B (19 
     U.S.C. 1676(a) and 1677-2) are each amended by striking 
     ``Subsidies'' and inserting ``Countervailable Subsidies''.
       (c) Other Conforming Amendments.--
       (1) The heading for section 704(b) (19 U.S.C. 1671c(b)) is 
     amended by striking ``Subsidized Merchandise'' and inserting 
     ``Subject Merchandise''.
       (2) Subparagraphs (C) and (D) of section 771(4) (19 U.S.C. 
     1677(4) (C) and (D)) are amended by striking ``subsidized 
     or'' each place it appears and inserting ``or imports of 
     merchandise benefiting from a countervailable subsidy'' after 
     ``imports''.
       (3) Section 771A (19 U.S.C. 1677-1), as amended, is amended 
     in subsection (c), by striking ``subsidization'' and 
     inserting ``the countervailable subsidy''.
       (4) The table of contents for title VII is amended--
       (A) in the item relating to section 771B, by inserting 
     ``countervailable'' before ``subsidies'', and
       (B) in the item relating to section 775, by striking 
     ``Subsidy'' and inserting ``Countervailable subsidy''.
       (d) Subsidies Agreement.--Section 702(e) (19 U.S.C. 
     1671a(e)) is amended by striking ``Agreement'' and inserting 
     ``Subsidies Agreement''.
       (e) Subsidies Agreement and Agreement on Agriculture.--
     Section 771(8) (19 U.S.C. 1677(8)) is amended to read as 
     follows:
       ``(8) Subsidies agreement; agreement on agriculture.--
       ``(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.''.

               PART 3--SECTION 303 INJURY INVESTIGATIONS

     SEC. 271. SPECIAL RULES FOR INJURY INVESTIGATIONS FOR CERTAIN 
                   SECTION 303 COUNTERVAILING DUTY ORDERS AND 
                   INVESTIGATIONS.

       (a) In General.--Chapter 1 of subtitle C of title VII, as 
     amended, is amended by inserting after section 752 the 
     following new section:

     ``SEC. 753. SPECIAL RULES FOR INJURY INVESTIGATIONS FOR 
                   CERTAIN SECTION 303 COUNTERVAILING DUTY ORDERS 
                   AND INVESTIGATIONS.

       ``(a) In General.--
       ``(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 with respect to which the 
     requirement of an affirmative determination of material 
     injury under section 303(a)(2) was not applicable at the time 
     such order was issued.
       ``(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 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 under section 303(a)(2) 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.''.
       (b) Review of Determinations.--Section 516A(a)(2) (19 
     U.S.C. 1516a(a)(2)) is amended--
       (1) in subparagraph (A)(i)(I), by striking ``or (v)'' and 
     inserting ``(v), or (viii)'', and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(viii) A determination by the Commission under section 
     753(a)(1).''.
       (c) Conforming Amendment.--The table of contents for title 
     VII, as amended, is amended by inserting after the item 
     relating to section 752 the following new item:

``Sec. 753. Special rules for injury investigations for certain section 
              303 countervailing duty orders and investigations.''.

    PART 4--ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE SUBSIDIES 
                               AGREEMENT

     SEC. 281. SUBSIDIES ENFORCEMENT.

       (a) Assistance Regarding Multilateral Subsidy Remedies.--
     The administering authority shall provide information to the 
     public upon request, and, to the extent feasible, assistance 
     and advice to interested parties concerning--
       (1) remedies and benefits available under relevant 
     provisions of the Subsidies Agreement, and
       (2) the procedures relating to such remedies and benefits.
       (b) Prohibited Subsidies.--
       (1) Notification of trade representative.--If the 
     administering authority determines pursuant to title VII of 
     the Tariff Act of 1930 that a class or kind of merchandise is 
     benefiting from a subsidy which is prohibited under Article 3 
     of the Subsidies Agreement, the administering authority shall 
     notify the Trade Representative and shall provide the Trade 
     Representative with the information upon which the 
     administering authority based its determination.
       (2) Request by interested party regarding prohibited 
     subsidy.--An interested party may request that the 
     administering authority determine if there is reason to 
     believe that merchandise produced in a WTO member country is 
     benefiting from a subsidy which is prohibited under Article 3 
     of the Subsidies Agreement. The request shall contain such 
     information as the administering authority may require to 
     support the allegations contained in the request. If the 
     administering authority, after analyzing the request and 
     other information reasonably available to the administering 
     authority, determines that there is reason to believe that 
     such merchandise is benefiting from a subsidy which is 
     prohibited under Article 3 of the Subsidies Agreement, the 
     administering authority shall so notify the Trade 
     Representative, and shall include supporting information with 
     the notification.
       (c) Subsidies Actionable Under the Agreement.--
       (1) In general.--If the administering authority determines 
     pursuant to title VII of the Tariff Act of 1930 that a class 
     or kind of merchandise is benefiting from a subsidy described 
     in Article 6.1 of the Subsidies Agreement, the administering 
     authority shall notify the Trade Representative, and shall 
     provide the Trade Representative with the information upon 
     which the administering authority based its determination.
       (2) Request by interested party regarding adverse 
     effects.--An interested party may request the administering 
     authority to determine if there is reason to believe that a 
     subsidy which is actionable under the Subsidies Agreement is 
     causing adverse effects. The request shall contain such 
     information as the administering authority may require to 
     support the allegations contained in the request. At the 
     request of the administering authority, the Commission shall 
     assist the administering authority in analyzing the 
     information pertaining to the existence of such adverse 
     effects. If the administering authority, after analyzing the 
     request and other information reasonably available to the 
     administering authority, determines that there is reason to 
     believe that a subsidy which is actionable under the 
     Subsidies Agreement is causing adverse effects, the 
     administering authority shall so notify the Trade 
     Representative, and shall include supporting information with 
     the notification.
       (d) Initiation of Section 301 Investigation.--On the basis 
     of the notification and information provided by the 
     administering authority pursuant to subsection (b) or (c), 
     such other information as the Trade Representative may have 
     or obtain, and where applicable, after consultation with an 
     interested party referred to in subsection (b)(2) or (c)(2), 
     the Trade Representative shall, unless such interested party 
     objects, determine as expeditiously as possible, in 
     accordance with the procedures in section 302(b)(1) of the 
     Trade Act of 1974 (19 U.S.C. 2412(b)(1)), whether to initiate 
     an investigation pursuant to title III of that Act (19 U.S.C. 
     2411 et seq.). At the request of the Trade Representative, 
     the administering authority and the Commission shall assist 
     the Trade Representative in an investigation initiated 
     pursuant to this subsection.
       (e) Nonactionable Subsidies.--
       (1) Compliance with article 8 of the subsidies agreement.--
       (A) Monitoring.--In order to monitor whether a subsidy 
     meets the conditions and criteria described in Article 8.2 of 
     the Subsidies Agreement and is nonactionable, the Trade 
     Representative shall provide the administering authority on a 
     timely basis with any information submitted or report made 
     pursuant to Article 8.3 or 8.4 of the Subsidies Agreement 
     regarding a notified subsidy program. The administering 
     authority shall review such information and reports, and 
     where appropriate, shall recommend to the Trade 
     Representative that the Trade Representative seek pursuant to 
     Article 8.3 or 8.4 of the Subsidies Agreement additional 
     information regarding the notified subsidy program or a 
     subsidy granted pursuant to the notified subsidy program. If 
     the administering authority has reason to believe that a 
     violation of Article 8 of the Subsidies Agreement exists, the 
     administering authority shall so notify the Trade 
     Representative, and shall include supporting information with 
     the notification.
       (B) Request by interested party regarding violation of 
     article 8.--An interested party may request the administering 
     authority to determine if there is reason to believe that a 
     violation of Article 8 of the Subsidies Agreement exists. The 
     request shall contain such information as the administering 
     authority may require to support the allegations contained in 
     the request. If the administering authority, after analyzing 
     the request and other information reasonably available to the 
     administering authority, determines that additional 
     information is needed, the administering authority shall 
     recommend to the Trade Representative that the Trade 
     Representative seek, pursuant to Article 8.3 or 8.4 of the 
     Subsidies Agreement, additional information regarding the 
     particular notified subsidy program or a subsidy granted 
     pursuant to the notified subsidy program. If the 
     administering authority determines that there is reason to 
     believe that a violation of Article 8 of the Subsidies 
     Agreement exists, the administering authority shall so notify 
     the Trade Representative, and shall include supporting 
     information with the notification.
       (C) Action by trade representative.--
       (i) If the Trade Representative, on the basis of the 
     notification and information provided by the administering 
     authority pursuant to subparagraph (A) or (B), and such other 
     information as the Trade Representative may have or obtain, 
     and after consulting with the interested party referred to in 
     subparagraph (B) and appropriate domestic industries, 
     determines that there is reason to believe that a violation 
     of Article 8 of the Subsidies Agreement exists, the Trade 
     Representative shall invoke the procedures of Article 8.4 or 
     8.5 of the Subsidies Agreement.
       (ii) For purposes of clause (i), the Trade Representative 
     shall determine that there is reason to believe that a 
     violation of Article 8 exists in any case in which the Trade 
     Representative determines that a notified subsidy program or 
     a subsidy granted pursuant to a notified subsidy program does 
     not satisfy the conditions and criteria required for a 
     nonactionable subsidy program under this Act, the Subsidies 
     Agreement, and the statement of administrative action 
     approved under section 101(a).
       (D) Notification of administering authority.--The Trade 
     Representative shall notify the administering authority 
     whenever a violation of Article 8 of the Subsidies Agreement 
     has been found to exist pursuant to Article 8.4 or 8.5 of 
     that Agreement.
       (2) Serious adverse effects.--
       (A) Request by interested party.--An interested party may 
     request the administering authority to determine if there is 
     reason to believe that serious adverse effects resulting from 
     a program referred to in Article 8.2 of the Subsidies 
     Agreement exist. The request shall contain such information 
     as the administering authority may require to support the 
     allegations contained in the request.
       (B) Action by administering authority.--Within 90 days 
     after receipt of the request described in subparagraph (A), 
     the administering authority, after analyzing the request and 
     other information reasonably available to the administering 
     authority, shall determine if there is reason to believe that 
     serious adverse effects resulting from a program referred to 
     in Article 8.2 of the Subsidies Agreement exist. If the 
     determination of the administering authority is affirmative, 
     it shall so notify the Trade Representative and shall include 
     supporting information with the notification. The Commission 
     shall assist the administering authority in analyzing the 
     information pertaining to the existence of such serious 
     adverse effects if the administering authority requests the 
     Commission's assistance. If the subsidy program that is 
     alleged to result in serious adverse effects has been the 
     subject of a countervailing duty investigation or review 
     under subtitle A or C of title VII of the Tariff Act of 1930, 
     the administering authority shall take into account the 
     determinations made by the administering authority and the 
     Commission in such investigation or review and the 
     administering authority shall complete its analysis as 
     expeditiously as possible.
       (C) Action by trade representative.--The Trade 
     Representative, on the basis of the notification and 
     information provided by the administering authority pursuant 
     to subparagraph (B), and such other information as the Trade 
     Representative may have or obtain, shall determine as 
     expeditiously as possible, but not later than 30 days after 
     receipt of the notification provided by the administering 
     authority, if there is reason to believe that serious adverse 
     effects exist resulting from the subsidy program which is the 
     subject of the administering authority's notification. The 
     Trade Representative shall make an affirmative determination 
     regarding the existence of such serious adverse effects 
     unless the Trade Representative finds that the notification 
     of the administering authority is not supported by the facts.
       (D) Consultations.--If the Trade Representative determines 
     that there is reason to believe that serious adverse effects 
     resulting from the subsidy program exist, the Trade 
     Representative, unless the interested party referred to in 
     subparagraph (A) objects, shall invoke the procedures of 
     Article 9 of the Subsidies Agreement, and shall request 
     consultations pursuant to Article 9.2 of the Subsidies 
     Agreement with respect to such serious adverse effects. If 
     such consultations have not resulted in a mutually acceptable 
     solution within 60 days after the request is made for such 
     consultations, the Trade Representative shall refer the 
     matter to the Subsidies Committee pursuant to Article 9.3 of 
     the Subsidies Agreement.
       (E) Determination by subsidies committee.--If the Trade 
     Representative determines that--
       (i) the Subsidies Committee has been prevented from making 
     an affirmative determination regarding the existence of 
     serious adverse effects under Article 9 of the Subsidies 
     Agreement by reason of the refusal of the WTO member country 
     with respect to which the consultations have been invoked to 
     join in an affirmative consensus--

       (I) that such serious adverse effects exist, or
       (II) regarding a recommendation to such WTO member country 
     to modify the subsidy program in such a way as to remove the 
     serious adverse effects, or

       (ii) the Subsidies Committee has not presented its 
     conclusions regarding the existence of such serious adverse 
     effects within 120 days after the date the matter was 
     referred to it, as required by Article 9.4 of the Subsidies 
     Agreement,

     the Trade Representative shall, within 30 days after such 
     determination, make a determination under section 304(a)(1) 
     of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)) regarding 
     what action to take under section 301(a)(1)(A) of that Act.
       (F) Noncompliance with committee recommendation.--In the 
     event that the Subsidies Committee makes a recommendation 
     under Article 9.4 of the Subsidies Agreement and the WTO 
     member country with respect to which such recommendation is 
     made does not comply with such recommendation within 6 months 
     after the date of the recommendation, the Trade 
     Representative shall make a determination under section 
     304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)) 
     regarding what action to take under section 301(a) of that 
     Act.
       (f) Notification, Consultation, and Publication.--
       (1) Notification of congress.--The Trade Representative 
     shall submit promptly to the Committee on Ways and Means of 
     the House of Representatives, the Committee on Finance of the 
     Senate, and other appropriate committees of the Congress any 
     information submitted or report made pursuant to Article 8.3 
     or 8.4 of the Subsidies Agreement regarding a notified 
     subsidy program.
       (2) Publication in the federal register.--The administering 
     authority shall publish regularly in the Federal Register a 
     summary notice of any information submitted or report made 
     pursuant to Article 8.3 or 8.4 of the Subsidies Agreement 
     regarding notified subsidy programs.
       (3) Consultations with congress and private sector.--The 
     Trade Representative and the administering authority promptly 
     shall consult with the committees referred to in paragraph 
     (1), and with interested representatives of the private 
     sector, regarding all information submitted or reports made 
     pursuant to Article 8.3 or 8.4 of the Subsidies Agreement 
     regarding a notified subsidy program.
       (4) Annual report.--Not later than February 1 of each year 
     beginning in 1996, the Trade Representative and the 
     administering authority shall issue a joint report to the 
     Congress detailing--
       (A) the subsidies practices of major trading partners of 
     the United States, including subsidies that are prohibited, 
     are causing serious prejudice, or are nonactionable, under 
     the Subsidies Agreement, and
       (B) the monitoring and enforcement activities of the Trade 
     Representative and the administering authority during the 
     preceding calendar year which relate to subsidies practices.
       (g) Cooperation of Other Agencies.--All agencies, 
     departments, and independent agencies of the Federal 
     Government shall cooperate fully with one another in carrying 
     out the provisions of this section, and, upon the request of 
     the administering authority, shall furnish to the 
     administering authority all records, papers, and information 
     in their possession which relate to the requirements of this 
     section.
       (h) Definitions.--For purposes of this section--
       (1) Adverse effects.--The term ``adverse effects'' has the 
     meaning given that term in Articles 5(a) and 5(c) of the 
     Subsidies Agreement.
       (2) Administering authority.--The term ``administering 
     authority'' has the meaning given that term in section 771(1) 
     of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
       (3) Commission.--The term ``Commission'' means the United 
     States International Trade Commission.
       (4) Interested party.--The term ``interested party'' means 
     a party described in subparagraph (C), (D), (E), (F), or (G) 
     of section 771(9) of the Tariff Act of 1930 (19 U.S.C. 
     1677(9) (A), (C), (D), (E), (F), or (G)).
       (5) Nonactionable subsidy.--The term ``nonactionable 
     subsidy'' means a subsidy described in Article 8.1(b) of the 
     Subsidies Agreement.
       (6) Notified subsidy program.--The term ``notified subsidy 
     program'' means a subsidy program which has been notified 
     pursuant to Article 8.3 of the Subsidies Agreement.
       (7) Serious adverse effects.--The term ``serious adverse 
     effects'' has the meaning given that term in Article 9.1 of 
     the Subsidies Agreement.
       (8) Subsidies agreement.--The term ``Subsidies Agreement'' 
     means the Agreement on Subsidies and Countervailing Measures 
     described in section 771(8) of the Tariff Act of 1930 (19 
     U.S.C. 1677(8)).
       (9) Subsidies committee.--The term ``Subsidies Committee'' 
     means the committee established pursuant to Article 24 of the 
     Subsidies Agreement.
       (10) Subsidy.--The term ``subsidy'' has the meaning given 
     that term in Article 1 of the Subsidies Agreement.
       (11) Trade representative.--The term ``Trade 
     Representative'' means the United States Trade 
     Representative.
       (12) Violation of article 8.--The term ``violation of 
     Article 8'' means the failure of a notified subsidy program 
     or an individual subsidy granted pursuant to a notified 
     subsidy program to meet the applicable conditions and 
     criteria described in Article 8.2 of the Subsidies Agreement.
       (i) Treatment of Proprietary Information.--Notwithstanding 
     any other provision of law, the administering authority may 
     provide the Trade Representative with a copy of proprietary 
     information submitted to, or obtained by, the administering 
     authority that the Trade Representative considers relevant in 
     carrying out its responsibilities under this part. The Trade 
     Representative shall protect from public disclosure 
     proprietary information obtained from the administering 
     authority under this part.

     SEC. 282. REVIEW OF SUBSIDIES AGREEMENT.

       (a) General Objectives.--The general objectives of the 
     United States under this part are--
       (1) to ensure that parts II and III of the Agreement on 
     Subsidies and Countervailing Measures referred to in section 
     101(d)(12) (hereafter in this section referred to as the 
     ``Subsidies Agreement'') are effective in disciplining the 
     use of subsidies and in remedying the adverse effects of 
     subsidies, and
       (2) to ensure that part IV of the Subsidies Agreement does 
     not undermine the benefits derived from any other part of 
     that Agreement.
       (b) Specific Objective.--The specific objective of the 
     United States under this part shall be to create a mechanism 
     which will provide for an ongoing review of the operation of 
     part IV of the Subsidies Agreement.
       (c) Sunset of Noncountervailable Subsidies Provisions.--
       (1) In general.--Subparagraphs (B), (C), (D), and (E) of 
     section 771(5B) of the Tariff Act of 1930 shall cease to 
     apply as provided in subparagraph (G)(i) of such section, 
     unless, before the date referred to in such subparagraph 
     (G)(i)--
       (A) the Subsidies Committee determines to extend Articles 
     6.1, 8, and 9 of the Subsidies Agreement as in effect on the 
     date on which the Subsidies Agreement enters into force or in 
     a modified form, in accordance with Article 31 of such 
     Agreement,
       (B) the President consults with the Congress in accordance 
     with paragraph (2), and
       (C) an implementing bill is submitted and enacted into law 
     in accordance with paragraphs (3) and (4).
       (2) Consultation with congress before subsidies committee 
     agrees to extend.--Before a determination is made by the 
     Subsidies Committee to extend Articles 6.1, 8, and 9 of the 
     Subsidies Agreement, the President shall consult with the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Finance of the Senate regarding such 
     extension.
       (3) Implementation of extension.--
       (A) Notification and submission.--Any extension of 
     subparagraphs (B), (C), (D), and (E) of section 771(5B) of 
     the Tariff Act of 1930 shall take effect if (and only if)--
       (i) after the Subsidies Committee determines to extend 
     Articles 6.1, 8, and 9 of the Subsidies Agreement, the 
     President submits to the committees referred to in paragraph 
     (2) a copy of the document describing the terms of such 
     extension, together with--

       (I) a draft of an implementing bill,
       (II) a statement of any administrative action proposed to 
     implement the extension, and
       (III) the supporting information described in subparagraph 
     (C); and

       (ii) the implementing bill is enacted into law.
       (B) Implementing bill.--The implementing bill referred to 
     in subparagraph (A) shall contain only those provisions that 
     are necessary or appropriate to implement an extension of the 
     provisions of section 771(5B) (B), (C), (D), and (E) of the 
     Tariff Act of 1930 as in effect on the day before the date of 
     the enactment of the implementing bill or as modified to 
     reflect the determination of the Subsidies Committee to 
     extend Articles 6.1, 8, and 9 of the Subsidies Agreement.
       (C) Supporting information.--The supporting information 
     required under subparagraph (A)(i)(III) consists of--
       (i) an explanation as to how the implementing bill and 
     proposed administrative action will change or affect existing 
     law; and
       (ii) a statement regarding--

       (I) how the extension serves the interests of United States 
     commerce, and
       (II) why the implementing bill and proposed administrative 
     action is required or appropriate to carry out the extension.

       (4) Application of congressional ``fast track'' procedures 
     to implementing bill.--Section 151 of the Trade Act of 1974 
     (19 U.S.C. 2191) is amended--
       (A) in subsection (b)(1)--
       (i) by inserting ``, or with respect to an extension 
     described in section 282(c)(3) of the Uruguay Round 
     Agreements Act,'' after ``trade agreements'',
       (ii) by striking ``or section 1103(a)(1) of the Omnibus 
     Trade and Competitiveness Act of 1988'' and inserting ``, 
     section 1103(a)(1) of the Omnibus Trade and Competitiveness 
     Act of 1988, or section 282 of the Uruguay Round Agreements 
     Act'', and
       (iii) by inserting ``or such extension'' in subparagraphs 
     (A) and (C) after ``agreements'' each place it appears, and
       (B) in subsection (c)(1)--
       (i) by inserting ``or section 282 of the Uruguay Round 
     Agreements Act'' after ``section 102'', and
       (ii) by inserting ``or extension'' after ``agreement'' each 
     place it appears.
       (5) Report by the trade representative.--Not later than the 
     date referred to in section 771 (5B) (G)(i) of the Tariff Act 
     of 1930, the Trade Representative shall submit to the 
     Congress a report setting forth the provisions of law which 
     were enacted to implement Articles 6.1, 8, and 9 of the 
     Subsidies Agreement and should be repealed or modified if 
     such provisions are not extended.
       (d) Review of the Operation of the Subsidies Agreement.--
     The Secretary of Commerce, in consultation with other 
     appropriate departments and agencies of the Federal 
     Government, shall undertake an ongoing review of the 
     operation of the Subsidies Agreement. The review shall 
     address--
       (1) the effectiveness of part II of the Subsidies Agreement 
     in disciplining the use of subsidies which are prohibited 
     under Article 3 of the Agreement,
       (2) the effectiveness of part III and, in particular, 
     Article 6.1 of the Subsidies Agreement, in remedying the 
     adverse effects of subsidies which are actionable under the 
     Agreement, and
       (3) the extent to which the provisions of part IV of the 
     Subsidies Agreement may have undermined the benefits derived 
     from other parts of the Agreement, and, in particular--
       (A) the extent to which WTO member countries have 
     cooperated in reviewing and improving the operation of part 
     IV of the Subsidies Agreement,
       (B) the extent to which the provisions of Articles 8.4 and 
     8.5 of the Subsidies Agreement have been effective in 
     identifying and remedying violations of the conditions and 
     criteria described in Article 8.2 of the Agreement, and
       (C) the extent to which the provisions of Article 9 of the 
     Subsidies Agreement have been effective in remedying the 
     serious adverse effects of subsidy programs described in 
     Article 8.2 of the Agreement.

     Not later than 4 years and 6 months after the date of the 
     enactment of this Act, the Secretary of Commerce shall submit 
     to the Congress a report on the review required under this 
     subsection.

     SEC. 283. AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930.

       (a) Preliminary Determination by Administering Authority.--
     Section 703(b) of the Tariff Act of 1930 (19 U.S.C. 
     1671b(b)), as amended, is amended by adding at the end the 
     following new paragraph:
       ``(5) 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'.''.
       (b) Subsidy Practice Discovered During a Proceeding.--
     Section 775 of the Tariff Act of 1930 (19 U.S.C. 1677d) is 
     amended to read as follows:

     ``SEC. 775. 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--
       ``(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.''.
       (c) Administrative Reviews.--Section 751 of the Tariff Act 
     of 1930 (19 U.S.C. 1675), as amended, is amended by 
     redesignating subsection (g) as subsection (h) and by 
     inserting after subsection (f) the following new subsection:
       ``(g) Reviews to Implement Results of Subsidies Enforcement 
     Proceeding.--
       ``(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.''.
                       Subtitle C--Effective Date

     SEC. 291. EFFECTIVE DATE.

       (a) In General.--Except as provided in section 261, the 
     amendments made by this title shall take effect on the date 
     described in subsection (b) and apply with respect to--
       (1) investigations initiated --
       (A) on the basis of petitions filed under section 702(b), 
     732(b), or 783(b) of the Tariff Act of 1930 after the date 
     described in subsection (b), or
       (B) by the administering authority under section 702(a) or 
     732(a) of such Act after such date,
       (2) reviews initiated under section 751 of such Act--
       (A) by the administering authority or the Commission on 
     their own initiative after such date, or
       (B) pursuant to a request filed after such date,
       (3) investigations initiated under section 753 of such Act 
     after such date,
       (4) petitions filed under section 780 of such Act after 
     such date, and
       (5) inquiries initiated under section 781 of such Act--
       (A) by the administering authority on its own initiative 
     after such date, or
       (B) pursuant to a request filed after such date.
       (b) Date Described.--The date described in this subsection 
     is the date on which the WTO Agreement (as defined in section 
     2(9)) enters into force with respect to the United States.
           TITLE III--ADDITIONAL IMPLEMENTATION OF AGREEMENTS
                         Subtitle A--Safeguards

     SEC. 301. INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDATIONS 
                   BY INTERNATIONAL TRADE COMMISSION.

       (a) Treatment of Confidential Information.--Section 
     202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is 
     amended by adding at the end the following: ``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.''.
       (b) Administrative Protective Orders.--Section 202 of the 
     Trade Act of 1974 (19 U.S.C. 2252) is amended by adding at 
     the end the following:
       ``(i) 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.''.
       (c) Notice of Proceedings.--Section 202(b) of the Trade Act 
     of 1974 (19 U.S.C. 2252(b)) is amended by striking paragraphs 
     (3) and (4) and inserting the following:
       ``(3) 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.''.
       (d) Critical Circumstances.--
       (1) In general.--Section 202(d)(2) of the Trade Act of 1974 
     (19 U.S.C. 2252(d)(2)) is amended to read as follows:
       ``(2)(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--
       ``(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.''.
       (2) Time limits for determinations.--Section 202 of the 
     Trade Act of 1974 (19 U.S.C. 2252) is amended--
       (A) in subsection (b)(2)--
       (i) in subparagraph (A) by inserting ``(180 days if the 
     petition alleges that critical circumstances exist)'' after 
     ``120 days''; and
       (ii) in subparagraph (B) by inserting ``(210 days if the 
     petition alleges that critical circumstances exist)'' after 
     ``150 days''; and
       (B) in subsection (f)(1) by inserting ``(240 days if the 
     petition alleges that critical circumstances exist)'' after 
     ``180 days''.
       (3) Action by the president.--Section 203(a)(4) of the 
     Trade Act of 1974 (19 U.S.C. 2253(a)(4)) is amended--
       (A) by striking ``The'' and inserting ``(A) Subject to 
     subparagraph (B), the'';
       (B) by inserting after ``60 days'' the following: ``(50 
     days if the President has proclaimed provisional relief under 
     section 202(d)(2)(D) with respect to the article 
     concerned)''; and
       (C) by striking ``; except that'' and all that follows 
     through ``received.'' and inserting a period and the 
     following:
       ``(B) 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.''.
       (4) Conforming amendments.--Section 202(d) of the Trade Act 
     of 1974 (19 U.S.C. 2252(d)) is amended--
       (A) in paragraph (3)--
       (i) by striking ``(2)(B)'' and inserting ``(2)(D)''; and
       (ii) by striking ``subsection (b)(1)'' and inserting 
     ``paragraph (2)(A)''; and
       (B) in paragraph (4)(A)(i) by inserting ``or (2)(D)'' after 
     ``(1)(G)''.
       (e) Factors in Making Determinations.--Section 202(c) of 
     the Trade Act of 1974 (19 U.S.C. 2252(c)) is amended--
       (1) in paragraph (1)(B)(i) by inserting ``productivity,'' 
     after ``wages,''; and
       (2) in paragraph (6)--
       (A) by amending subparagraph (A) to read as follows:
       ``(A)(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.
       ``(ii) The term `domestic industry' includes producers 
     located in the United States insular possessions.''; and
       (B) by adding at the end the following:
       ``(C) The term `serious injury' means a significant overall 
     impairment in the position of a domestic industry.
       ``(D) The term `threat of serious injury' means serious 
     injury that is clearly imminent.
       (f) Limitations on Investigations.--Section 202(h) of the 
     Trade Act of 1974 (19 U.S.C. 2252(h)) is amended by adding at 
     the end the following:
       ``(3)(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.
       ``(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.''.

     SEC. 302. ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT 
                   INJURY.

       (a) Authority to Enter Into International Agreements.--
     Section 203 of the Trade Act of 1974 (19 U.S.C. 2253) is 
     amended--
       (1) in subsection (a)(3)(E) by striking ``orderly 
     marketing'';
       (2) in subsection (d)(1) by striking ``orderly marketing 
     agreements'' and inserting ``agreements described in 
     subsection (a)(3)(E)'';
       (3) in subsection (f)--
       (A) in the subsection heading by striking ``Orderly 
     Marketing and Other'' and inserting ``Certain'';
       (B) in paragraph (1)--
       (i) by striking ``orderly marketing agreements'' the first 
     place it appears and inserting ``agreements of the type 
     described in subsection (a)(3)(E)''; and
       (ii) by striking ``orderly marketing agreements with 
     foreign countries'' and inserting ``agreements of the type 
     described in subsection (a)(3)(E)''; and
       (C) in paragraph (2) by striking ``orderly marketing 
     agreement implemented under subsection (a)'' and inserting 
     ``agreement implemented under subsection (a)(3)(E)''; and
       (4) in subsection (g)(2)--
       (A) in the first sentence by striking ``orderly marketing 
     or other''; and
       (B) in the second sentence--
       (i) by striking ``orderly marketing agreement'' and 
     inserting ``agreement of the type described in subsection 
     (a)(3)(E) that is''; and
       (ii) by striking ``agreements'' and inserting 
     ``agreement''.
       (b) Limitations on Actions.--
       (1) Duration of actions.--Section 203(e)(1) of the Trade 
     Act of 1974 (19 U.S.C. 2253(e)(1)) is amended to read as 
     follows:
       ``(1)(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.
       ``(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) Limitation on quantitative restrictions.--Section 
     203(e)(4) of the Trade Act of 1974 (19 U.S.C. 2253(e)(4)) is 
     amended to read as follows:
       ``(4) 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.''.
       (3) Phasing-down of actions.--Section 203(e)(5) of the 
     Trade Act of 1974 (19 U.S.C. 2253(e)(5)) is amended to read 
     as follows:
       ``(5) 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.''.
       (4) Limitations on new actions and investigations of same 
     article.--(A) Section 203(e) of the Trade Act of 1974 (19 
     U.S.C. 2253(e)) is amended by adding at the end the 
     following:
       ``(7)(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--
       ``(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.''.
       (B) Section 202(h)(2) of the Trade Act of 1974 (19 U.S.C. 
     2252(h)(2)) is amended to read as follows:
       ``(2) 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).''.
       (c) Reports on Monitoring.--Section 204(a) of the Trade Act 
     of 1974 (19 U.S.C. 2354(a)) is amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) 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.''; and
       (2) in paragraph (4) by striking ``extension,''.
       (d) Investigation of Extension of Action.--Section 204 of 
     the Trade Act of 1974 (19 U.S.C. 2254) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) 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 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.''.

     SEC. 303. MISCELLANEOUS AMENDMENTS.

       Title II of the Trade Act of 1974 is amended as follows:
       (1) Section 202(a)(2)(B)(ii) (19 U.S.C. 2252(a)(2)(B)(ii)) 
     is amended by striking ``, or at any time before the 150th 
     day after the date of filing be amended to request,''.
       (2) Section 202(b)(1)(A) (19 U.S.C. 2252(b)(1)(A)) is 
     amended by striking ``(b)'' and inserting ``(a)''.
       (3) Section 202(d)(1) (19 U.S.C. 2252(d)(1)) is amended--
       (A) in subparagraph (C)(i) by striking ``paragraph (2)'' 
     and inserting ``subparagraph (B)''; and
       (B) by striking ``or threat thereof'' each place it appears 
     in subparagraphs (E) and (G).
       (4) Section 202(d)(4)(A)(i) (19 U.S.C. 2252(d)(4)(A)(i) is 
     amended by striking ``203(a)'' and inserting ``202(b)''.
       (5) Section 202(c)(6) (19 U.S.C. 2252(c)(6)) is amended by 
     striking ``subsection'' and inserting ``section''.
       (6) Section 202(f)(2)(G)(ii) (19 U.S.C. 2252(f)(2)(G)(ii)) 
     is amended by striking ``is'' and inserting ``are''.
       (7) Section 203(a)(2)(C) (19 U.S.C. 2253(a)(2)(C)) is 
     amended by striking ``201(b)'' and inserting ``202(a)''.
       (8) Section 203(c) (19 U.S.C. 2253(c)) is amended by 
     striking ``(c)(2)'' and inserting ``(d)(2)''.
       (9) Section 203(e)(2) (19 U.S.C. 2253(e)(2)) is amended--
       (A) by striking ``may be taken under subsection (a)(1)(A), 
     (B), or (C) or under section 202(d)(2)(B)'' and inserting 
     ``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)''; and
       (B) by striking ``or threat thereof''.
       (10) Section 203(e)(6)(B) (19 U.S.C. 2253(e)(6)(B)) is 
     amended--
       (A) by striking ``203(c)'' and inserting ``202(e)''; and
       (B) by striking ``203(a)'' and inserting ``202(b)''.

     SEC. 304. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     subtitle and the amendments made by this subtitle take effect 
     on the date on which the WTO Agreement enters into force with 
     respect to the United States.
       (b) Section 301(b).--The amendment made by section 301(b) 
     takes effect on the date of the enactment of this Act.
     Subtitle B--Foreign Trade Barriers and Unfair Trade Practices

     SEC. 311. IDENTIFICATION OF FOREIGN ANTICOMPETITIVE 
                   PRACTICES.

       (a) Report to Congress.--
       (1) Contents of report.--Section 181(b)(2) of the Trade Act 
     of 1974 (19 U.S.C. 2241(b)(2)) is amended--
       (A) in subparagraph (A) by striking ``or'' after the comma;
       (B) in subparagraph (B) by striking the period and 
     inserting ``, or''; and
       (C) by adding after subparagraph (B) the following:
       ``(C) a section on foreign anticompetitive practices, the 
     toleration of which by foreign governments is adversely 
     affecting exports of United States goods or services.''.
       (2) Assistance of other agencies.--Section 181(c) of the 
     Trade Act of 1974 (19 U.S.C. 2241(c)) is amended by adding at 
     the end of paragraph (1) the following: ``In preparing the 
     section of the report required by subsection (b)(2)(C), the 
     Trade Representative shall consult in particular with the 
     Attorney General.''.

     SEC. 312. CONSULTATION WITH COMMITTEES.

       Section 181(b)(3) of the Trade Act of 1974 (19 U.S.C. 
     2241(b)(3)) is amended by adding at the end the following: 
     ``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 means to address the 
     foreign trade barriers identified in the report, including 
     the possible initiation of investigations under section 302 
     or other trade actions.''.

     SEC. 313. IDENTIFICATION OF COUNTRIES THAT DENY PROTECTION OF 
                   INTELLECTUAL PROPERTY RIGHTS.

       Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is 
     amended--
       (1) in subsection (b) by adding at the end the following:
       ``(4) In identifying foreign countries under paragraphs (1) 
     and (2) of subsection (a), the Trade Representative shall 
     take into account--
       ``(A) the history of intellectual property laws and 
     practices of the foreign country, including any previous 
     identification 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.''; and
       (2) in subsection (d)--
       (A) in paragraph (3) by amending the matter preceding 
     subparagraph (A) to 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 or related 
     right, patent, trademark, mask work, trade secret, or plant 
     breeder's right, through the use of laws, procedures, 
     practices, or regulations which--''; and
       (B) by adding at the end the following:
       ``(4) 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.''; and
       (3) by adding at the end the following:
       ``(g) 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.''.

     SEC. 314. AMENDMENTS TO TITLE III OF THE TRADE ACT OF 1974.

       (a) Scope of Authority.--
       (1) In general.--Subsections (a)(1) and (b)(2) of section 
     301 of the Trade Act of 1974 (19 U.S.C. 2411(a)(1) and 
     (b)(2)) are each amended by adding the following sentence at 
     the end:

     ``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) Import restrictions.--Section 301(c)(5) of the Trade 
     Act of 1974 (19 U.S.C. 2411(c)(5)) is amended by striking the 
     matter preceding subparagraph (B) and inserting the 
     following:
       ``(5) 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--
       ``(A) give preference to the imposition of duties over the 
     imposition of other import restrictions, and''.
       (b) Relationship With Other Authorities.--Section 301(c) of 
     the Trade Act of 1974 (19 U.S.C. 2411(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``or'' after the 
     semicolon at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) 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''.
       (c) Definition of an Unreasonable Act, Policy, or 
     Practice.--Section 301(d)(3) of the Trade Act of 1974 (19 
     U.S.C. 2411(d)(3)) is amended--
       (1) in subparagraph (B)(i) by striking subclauses (II) and 
     (III) and inserting the following:
       ``(II) 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,
       ``(III) nondiscriminatory market access opportunities for 
     United States persons that rely upon intellectual property 
     protection, or
       ``(IV) 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,''; and
       (2) by adding at the end the following:
       ``(F)(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.
       ``(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.''.
       (d) Time Limits for Determinations of Unfair Trade 
     Practices.--Section 304(a) of the Trade Act of 1974 (19 
     U.S.C. 2414(a)) is amended--
       (1) in subparagraph (A) of paragraph (2), by striking 
     ``(other than the agreement on subsidies and countervailing 
     measures described in section 2(c)(5) of the Trade Agreements 
     Act of 1979)'',
       (2)(A) in subparagraph (A) of paragraph (3), by inserting 
     ``does not consider that a trade agreement, including the 
     Agreement on Trade-Related Aspects of Intellectual Property 
     (referred to in section 101(d)(15) of the Uruguay Round 
     Agreements Act), is involved or'' after ``the Trade 
     Representative'' the first place it appears, and
       (B) in subparagraph (B) of paragraph (3), in the matter 
     preceding clause (i), by striking ``any investigation 
     initiated by reason of section 302(b)(2)'' and inserting ``an 
     investigation initiated by reason of section 302(b)(2) (other 
     than an investigation involving a trade agreement)'', and
       (3) in paragraph (4), by striking ``(other than the 
     agreement on subsidies and countervailing measures described 
     in section 2(c)(5) of the Trade Agreements Act of 1979)''.
       (e) Monitoring of Foreign Compliance.--Subsections (a) and 
     (b) of section 306 of the Trade Act of 1974 (19 U.S.C. 2416) 
     are amended to read as follows:
       ``(a) 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.
       ``(b) 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) WTO dispute settlement recommendations.--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.''.
       (f) Extension of Section 310 of the Trade Act of 1974.--
     Section 310 of the Trade Act of 1974 (19 U.S.C. 2420) is 
     amended to read as follows:

     ``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

       ``(a) Identification.--
       ``(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.''.

     SEC. 315. OBJECTIVES IN INTELLECTUAL PROPERTY.

       It is the objective of the United States--
       (1) to accelerate the implementation of the Agreement on 
     Trade-Related Aspects of Intellectual Property Rights 
     referred to in section 101(d)(15),
       (2) to seek enactment and effective implementation by 
     foreign countries of laws to protect and enforce intellectual 
     property rights that supplement and strengthen the standards 
     of the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights referred to in section 101(d)(15) and the 
     North American Free Trade Agreement and, in particular--
       (A) to conclude bilateral and multilateral agreements that 
     create obligations to protect and enforce intellectual 
     property rights that cover new and emerging technologies and 
     new methods of transmission and distribution, and
       (B) to prevent or eliminate discrimination with respect to 
     matters affecting the availability, acquisition, scope, 
     maintenance, use, and enforcement of intellectual property 
     rights,
       (3) to secure fair, equitable, and nondiscriminatory market 
     access opportunities for United States persons that rely upon 
     intellectual property protection,
       (4) to take an active role in the development of the 
     intellectual property regime under the World Trade 
     Organization to ensure that it is consistent with other 
     United States objectives, and
       (5) to take an active role in the World Intellectual 
     Property Organization (WIPO) to develop a cooperative and 
     mutually supportive relationship between the World Trade 
     Organization and WIPO.

     SEC. 316. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     subtitle and the amendments made by this subtitle take effect 
     on the date on which the WTO Agreement enters into force with 
     respect to the United States.
       (b) Section 314(f).--The amendment made by section 314(f) 
     takes effect on the date of the enactment of this Act.
              Subtitle C--Unfair Practices in Import Trade

     SEC. 321. UNFAIR PRACTICES IN IMPORT TRADE.

       (a) Amendments to Section 337 of the Tariff Act of 1930.--
     Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is 
     amended as follows:
       (1) Investigation.--Subsection (b) is amended--
       (A) by striking ``; Time Limits'' in the heading;
       (B) in paragraph (1) by striking all that follows the 
     second sentence and inserting the following: ``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.''; and
       (C) in paragraph (3)--
       (i) in the first sentence--

       (I) by striking ``the Tariff Act of 1930'' and inserting 
     ``this Act''; and
       (II) by striking ``such Act'' and inserting ``such 
     subtitle''; and

       (ii) by striking the fifth sentence.
       (2) Determination; review.--Subsection (c) is amended--
       (A) in the first sentence by striking ``a settlement 
     agreement'' and inserting ``an agreement between the private 
     parties to the investigation, including an agreement to 
     present the matter for arbitration'';
       (B) by inserting the following after the third sentence: 
     ``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.''; and
       (C) by adding at the end the following: ``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.''.
       (3) Entry under bond.--Subsection (e) is amended--
       (A) in the last sentence of paragraph (1) by striking 
     ``determined by the Commission'' and all that follows through 
     the end of the sentence and inserting ``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.'';
       (B) by adding at the end of paragraph (2) the following: 
     ``If the Commission later determines that the respondent has 
     not violated the provisions of this section, the bond may be 
     forfeited to the respondent.''; and
       (C) by adding at the end the following new paragraph:
       ``(4) The Commission shall prescribe the terms and 
     conditions under which bonds may be forfeited under 
     paragraphs (1) and (2).''.
       (4) Cease and desist orders.--Subsection (f)(1) is amended 
     by adding at the end the following: ``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.''.
       (5) Conditions applicable for general exclusion orders.--
     (A) Subsection (d) is amended--
       (i) by inserting ``(1)'' before ``If'';
       (ii) in the first sentence by striking ``there is 
     violation'' and inserting ``there is a violation''; and
       (iii) by adding at the end the following new paragraph:
       ``(2) 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--
       ``(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.''.
       (B) Subsection (g)(2) is amended--
       (i) by striking ``and'' at the end of subparagraph (A);
       (ii) by striking the period at the end of subparagraph (B) 
     and inserting ``, and''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) the requirements of subsection (d)(2) are met.''.
       (6) Entry under bond after referral to the president.--
     Subsection (j)(3) is amended by striking ``shall be entitled 
     to entry under bond'' and all that follows through the end of 
     the sentence and inserting ``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.''.
       (7) Access to confidential information.--Subsection (n)(2) 
     is amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) an officer or employee of the Commission who is 
     directly concerned with--
       ``(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,''; and
       (B) by amending subparagraph (C) to read as follows:
       ``(C) 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.''.
       (8) Technical amendment.--Subsection (l) is amended by 
     striking ``Claims Court'' and inserting ``Court of Federal 
     Claims''.
       (b) Amendments to Title 28, United States Code.--
       (1) Stay of actions.--
       (A) In general.--Chapter 111 of title 28, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1659. Stay of certain actions pending disposition of 
       related proceedings before the United States International 
       Trade Commission

       ``(a) Stay.--In a civil action involving parties that are 
     also parties to a proceeding before the United States 
     International Trade Commission under section 337 of the 
     Tariff Act of 1930, at the request of a party to the civil 
     action that is also a respondent in the proceeding before the 
     Commission, the district court shall stay, until the 
     determination of the Commission becomes final, proceedings in 
     the civil action with respect to any claim that involves the 
     same issues involved in the proceeding before the Commission, 
     but only if such request is made within--
       ``(1) 30 days after the party is named as a respondent in 
     the proceeding before the Commission, or
       ``(2) 30 days after the district court action is filed,

     whichever is later.
       ``(b) Use of Commission Record.--Notwithstanding section 
     337(n)(1) of the Tariff Act of 1930, after dissolution of a 
     stay under subsection (a), the record of the proceeding 
     before the United States International Trade Commission shall 
     be transmitted to the district court and shall be admissible 
     in the civil action, subject to such protective order as the 
     district court determines necessary, to the extent permitted 
     under the Federal Rules of Evidence and the Federal Rules of 
     Civil Procedure.''.
       (B) Clerical amendment.--The table of sections for chapter 
     111 of title 28, United States Code, is amended by adding at 
     the end the following new item:

``1659. Stay of certain actions pending disposition of related 
              proceedings before the United States International Trade 
              Commission.''.

       (2) Counterclaims.--Section 1446 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(f) With respect to any counterclaim removed to a 
     district court pursuant to section 337(c) of the Tariff Act 
     of 1930, the district court shall resolve such counterclaim 
     in the same manner as an original complaint under the Federal 
     Rules of Civil Procedure, except that the payment of a filing 
     fee shall not be required in such cases and the counterclaim 
     shall relate back to the date of the original complaint in 
     the proceeding before the International Trade Commission 
     under section 337 of that Act.''.
       (3) Jurisdiction.--
       (A) In general.--Chapter 85 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1368. Counterclaims in unfair practices in 
       international trade.

       ``The district courts shall have original jurisdiction of 
     any civil action based on a counterclaim raised pursuant to 
     section 337(c) of the Tariff Act of 1930, to the extent that 
     it arises out of the transaction or occurrence that is the 
     subject matter of the opposing party's claim in the 
     proceeding under section 337(a) of that Act.''.
       (B) Clerical amendment.--The table of sections for chapter 
     85 of title 28, United States Code, is amended by adding at 
     the end the following:

``1368. Counterclaims in unfair practices in international trade.''.

     SEC. 322. EFFECTIVE DATE.

       The amendments made by this subtitle apply--
       (1) with respect to complaints filed under section 337 of 
     the Tariff Act of 1930 on or after the date on which the WTO 
     Agreement enters into force with respect to the United 
     States, or
       (2) in cases under such section 337 in which no complaint 
     is filed, with respect to investigations initiated under such 
     section on or after such date.
                          Subtitle D--Textiles

     SEC. 331. TEXTILE PRODUCT INTEGRATION.

       Not later than 120 days after the date that the WTO 
     Agreement, as defined in section 2(9) of the Uruguay Round 
     Implementation Act, enters into force with respect to the 
     United States, the Secretary of Commerce shall publish in the 
     Federal Register a notice containing the list of products to 
     be integrated in each stage set out in Article 2(8) of the 
     Agreement on Textiles and Clothing referred to in section 
     101(d)(4). After publication of such list, the list may not 
     be changed unless otherwise required by statute or the 
     international obligations of the United States, to correct 
     technical errors, or to reflect reclassifications. Within 30 
     days after the publication of such list, the Trade 
     Representative shall notify the list to the Textiles 
     Monitoring Body established under Article 8 of the Agreement 
     on Textiles and Clothing.

     SEC. 332. AMENDMENT TO SECTION 204 OF THE AGRICULTURAL ACT OF 
                   1956.

       Section 204 of the Agricultural Act of 1956 (7 U.S.C. 1854) 
     is amended by amending the second sentence to read as 
     follows: ``In addition, if a multilateral agreement, 
     including but not limited to the Agreement on Textiles and 
     Clothing referred to in section 101(d)(4) of the Uruguay 
     Round Implementation Act, has been or is concluded under the 
     authority of this section among countries accounting for a 
     significant part of world trade in the articles with respect 
     to which the agreement was concluded, the President may also 
     issue, in order to carry out such agreement, regulations 
     governing the entry or withdrawal from warehouse of the same 
     articles which are the products of countries not parties to 
     the agreement, or countries to which the United States does 
     not apply the agreement.''.

     SEC. 333. TEXTILE TRANSSHIPMENTS.

       Part V of title IV of the Tariff Act of 1930 is amended by 
     inserting after section 592 the following:

     ``SEC. 592A. SPECIAL PROVISIONS REGARDING CERTAIN VIOLATIONS.

       ``(a) Publication of Names of Certain Violators.--
       ``(1) Publication.--The Secretary of the Treasury is 
     authorized to publish in the Federal Register a list of the 
     name of any producer, manufacturer, supplier, seller, 
     exporter, or other person located outside the customs 
     territory of the United States--
       ``(A) against whom the Customs Service has issued a penalty 
     claim under section 592, and
       ``(B) if a petition with respect to that claim has been 
     filed under section 618, against whom a final decision has 
     been issued under such section after exhaustion of 
     administrative remedies,

     citing any of the violations of the customs laws referred to 
     in paragraph (2). Such list shall be published not later than 
     March 31 and September 30 of each year.
       ``(2) Violations.--The violations of the customs laws 
     referred to in paragraph (1) are the following:
       ``(A) Using documentation, or providing documentation 
     subsequently used by the importer of record, which indicates 
     a false or fraudulent country of origin or source of textile 
     or apparel products.
       ``(B) Using counterfeit visas, licenses, permits, bills of 
     lading, or similar documentation, or providing counterfeit 
     visas, licenses, permits, bills of lading, or similar 
     documentation that is subsequently used by the importer of 
     record, with respect to the entry into the customs territory 
     of the United States of textile or apparel products.
       ``(C) Manufacturing, producing, supplying, or selling 
     textile or apparel products which are falsely or frauduently 
     labelled as to country of origin or source.
       ``(D) Engaging in practices which aid or abet the 
     transshipment, through a country other than the country of 
     origin, of textile or apparel products in a manner which 
     conceals the true origin of the textile or apparel products 
     or permits the evasion of quotas on, or voluntary restraint 
     agreements with respect to, imports of textile or apparel 
     products.
       ``(3) Removal from list.--Any person whose name has been 
     included in a list published under paragraph (1) may petition 
     the Secretary to be removed from such list. If the Secretary 
     finds that such person has not committed any violations 
     described in paragraph (2) for a period of not less than 3 
     years after the date on which the person's name was so 
     published, the Secretary shall remove such person from the 
     list as of the next publication of the list under paragraph 
     (2).
       ``(4) Reasonable care required for subsequent imports.--
       ``(A) Responsibility of importers and others.--After the 
     name of a person has been published under paragraph (1), the 
     Secretary of the Treasury shall require any importer of 
     record entering, introducing, or attempting to introduce into 
     the commerce of the United States textile or apparel products 
     that were either directly or indirectly produced, 
     manufactured, supplied, sold, exported, or transported by 
     such named person to show, to the satisfaction of the 
     Secretary, that such importer has exercised reasonable care 
     to ensure that the textile or apparel products are 
     accompanied by documentation, packaging, and labelling that 
     are accurate as to its origin. Such reasonable care shall not 
     include reliance solely on a source of information which is 
     the named person.
       ``(B) Failure to exercise reasonable care.--If the Customs 
     Service determines that merchandise is not from the country 
     claimed on the documentation accompanying the merchandise, 
     the failure to exercise reasonable care described in 
     subparagraph (A) shall be considered when the Customs Service 
     determines whether the importer of record is in violation of 
     section 484(a).
       ``(b) List of High Risk Countries.--
       ``(1) List.--The President or his designee, upon the advice 
     of the Secretaries of Commerce and Treasury, and the heads of 
     other appropriate departments and agencies, is authorized to 
     publish a list of countries in which illegal activities have 
     occurred involving transshipped textile or apparel products 
     or activities designed to evade quotas of the United States 
     on textile or apparel products, if those countries fail to 
     demonstrate a good faith effort to cooperate with United 
     States authorities in ceasing such activities. Such list 
     shall be published in the Federal Register not later than 
     March 31 of each year. Any country that is on the list and 
     that subsequently demonstrates a good faith effort to 
     cooperate with United States authorities in ceasing illegal 
     activities described in the first sentence shall be removed 
     from the list, and such removal shall be published in the 
     Federal Register as soon as practicable.
       ``(2) Reasonable care required for subsequent imports.--
       ``(A) Responsibility of importers of record.--The Secretary 
     of the Treasury shall require any importer of record 
     entering, introducing, or attempting to introduce into the 
     commerce of the United States textile or apparel products 
     indicated, on the documentation, packaging, or labelling 
     accompanying such products, to be from any country on the 
     list published under paragraph (1) to show, to the 
     satisfaction of the Secretary, that such importer, consignee, 
     or purchaser has exercised reasonable care to ascertain the 
     true country of origin of the textile or apparel products.
       ``(B) Failure to exercise reasonable care.--If the Customs 
     Service determines that merchandise is not from the country 
     claimed on the documentation accompanying the merchandise, 
     the failure to exercise reasonable care described in 
     subparagraph (A) shall be considered when the Customs Service 
     determines whether the importer of record is in violation of 
     section 484(a).
       ``(3) Definition.--For purposes of this subsection, the 
     term `country' means a foreign country or territory, 
     including any overseas dependent territory or possession of a 
     foreign country.''.

     SEC. 334. RULES OF ORIGIN FOR TEXTILE AND APPAREL PRODUCTS.

       (a) Regulatory Authority.--The Secretary of the Treasury 
     shall prescribe rules implementing the principles contained 
     in subsection (b) for determining the origin of textiles and 
     apparel products. Such rules shall be promulgated in final 
     form not later than July 1, 1995.
       (b) Principles.--
       (1) In general.--Except as otherwise provided for by 
     statute, a textile or apparel product, for purposes of the 
     customs laws and the administration of quantitative 
     restrictions, originates in a country, territory, or insular 
     possession, and is the growth, product, or manufacture of 
     that country, territory, or insular possession, if--
       (A) the product is wholly obtained or produced in that 
     country, territory, or possession;
       (B) the product is a yarn, thread, twine, cordage, rope, 
     cable, or braiding and--
       (i) the constituent staple fibers are spun in that country, 
     territory, or possession, or
       (ii) the continuous filament is extruded in that country, 
     territory, or possession,
       (C) the product 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 that country, territory, or possession; or
       (D) the product is any other textile or apparel product 
     that is wholly assembled in that country, territory, or 
     possession from its component pieces.
       (2) Special rules.--Notwithstanding paragraph (1)(D)--
       (A) the origin of a good that is classified under one of 
     the following HTS headings or subheadings shall be determined 
     under subparagraph (A), (B), or (C) of paragraph (1), as 
     appropriate: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 
     6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, 
     or 9404.90; and
       (B) a textile or apparel product which is knit to shape 
     shall be considered to originate in, and be the growth, 
     product, or manufacture of, the country, territory, or 
     possession in which it is knit.
       (3) Multicountry rule.--If the origin of a good cannot be 
     determined under paragraph (1) or (2), then that good shall 
     be considered to originate in, and be the growth, product, or 
     manufacture of--
       (A) the country, territory, or possession in which the most 
     important assembly or manufacturing process occurs, or
       (B) if the origin of the good cannot be determined under 
     subparagraph (A), the last country, territory, or possession 
     in which important assembly or manufacturing occurs.
       (4) Components cut in the united states.--(A) The value of 
     a component that is cut to shape (but not to length, width, 
     or both) in the United States from foreign fabric and 
     exported to another country, territory, or insular possession 
     for assembly into an article that is then returned to the 
     United States--
       (i) shall not be included in the dutiable value of such 
     article, and
       (ii) may be applied toward determining the percentage 
     referred to in General Note 7(b)(i)(B) of the HTS, subject to 
     the limitation provided in that note.
       (B) No article (except a textile or apparel product) 
     assembled in whole of components described in subparagraph 
     (A), or of such components and components that are products 
     of the United States, in a beneficiary country as defined in 
     General Note 7(a) of the HTS shall be treated as a foreign 
     article, or as subject to duty if--
       (i) the components after exportation from the United 
     States, and
       (ii) the article itself before importation into the United 
     States
     do not enter into the commerce of any foreign country other 
     than such a beneficiary country.
       (5) Exception for united states-israel free trade 
     agreement.--This section shall not affect, for purposes of 
     the customs laws and administration of quantitative 
     restrictions, the status of goods that, under rulings and 
     administrative practices in effect immediately before the 
     enactment of this Act, would have originated in, or been the 
     growth, product, or manufacture of, 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, 1987. 
     For such purposes, such rulings and administrative practices 
     that were applied, immediately before the enactment of this 
     Act, to determine the origin of textile and apparel products 
     covered by such agreement shall continue to apply after the 
     enactment of this Act, and on and after the effective date 
     described in subsection (c), unless such rulings and 
     practices are modified by the mutual consent of the parties 
     to the agreement.
       (c) Effective Date.--This section shall apply to goods 
     entered, or withdrawn from warehouse, for consumption on or 
     after July 1, 1996, except that this section shall not apply 
     to goods if--
       (1) the contract for the sale of such goods to the United 
     States is entered into before July 20, 1994;
       (2) all of the material terms of sale in such contract, 
     including the price and quantity of the goods, are fixed and 
     determinable before July 20, 1994;
       (3) a copy of the contract is filed with the Commissioner 
     of Customs within 60 days after the date of the enactment of 
     this Act, together with a certification that the contract 
     meets the requirements of paragraphs (1) and (2); and
       (4) the goods are entered, or withdrawn from warehouse, for 
     consumption on or before January 1, 1998.
     The origin of goods to which this section does not apply 
     shall be determined in accordance with the applicable rules 
     in effect on July 20, 1994.

     SEC. 335. EFFECTIVE DATE.

       Except as provided in section 334, this subtitle and the 
     amendments made by this subtitle take effect on the date on 
     which the WTO Agreement enters into force with respect to the 
     United States.
                   Subtitle E--Government Procurement

     SEC. 341. MONITORING AND ENFORCEMENT OF THE AGREEMENT ON 
                   GOVERNMENT PROCUREMENT.

       (a) In General.--Section 305(f)(2) of the Trade Agreements 
     Act of 1979 (19 U.S.C. 2515(f)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``a year'' and inserting ``the 18 months'',
       (2) by striking ``or'' at the end of subparagraph (B),
       (3) by redesignating subparagraph (C) as subparagraph (D), 
     and
       (4) by inserting after subparagraph (B), the following new 
     subparagraph:
       ``(C) 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''.
       (b) Sanctions After Dispute Resolution Fails.--
       (1) Sanctions.--Paragraph (3) of section 305(f) of such Act 
     (19 U.S.C. 2515(f)(3)) is amended to read as follows:
       ``(3) Sanctions after dispute resolution fails.--
       ``(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).''.

       (2) Conforming amendment.--Paragraph (4) of section 305(f) 
     of such Act (19 U.S.C. 2515(f)(4)) is amended by striking 
     ``subparagraph (A) or (B) of paragraph (3)'' and inserting 
     ``subclause (I) or (II) of paragraph (3)(B)(i)''.
       (c) Report to Congress.--
       (1) Section 305(d)(2) of the Trade Agreements Act of 1979 
     (19 U.S.C. 2515(d)(2)) is amended by adding at the end the 
     following new subparagraphs:
       ``(D)(i) are not signatories to the Agreement;
       ``(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)(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.''.
       (2) Section 305(d)(3)(C) of the Trade Agreements Act of 
     1979 (19 U.S.C. 2515(d)(3)(C)) is amended by adding before 
     the period at the end the following: ``, including the 
     failure to maintain and enforce effective prohibitions on 
     bribery and other corrupt practices in connection with 
     government procurement''.

     SEC. 342. CONFORMING AMENDMENTS.

       (a) Waiver of Discriminatory Purchasing Requirements 
     Regarding Purchases of Civil Aircraft.--Section 303 of the 
     Trade Agreements Act of 1979 (19 U.S.C. 2513) is amended by 
     inserting ``referred to in section 2(c) and approved under 
     section 2(a)'' after ``Civil Aircraft''.
       (b) Expansion of Coverage of the Agreement.--Section 304 of 
     the Trade Agreements Act of 1979 (19 U.S.C. 2514) is 
     amended--
       (1) in subsections (a) and (c) by striking ``part IX, 
     paragraph 6'' and inserting ``article XXIV(7);
       (2) in subsection (c) by striking ``part VI, paragraph 9'' 
     and inserting ``article XIX(5)''; and
       (2) in subsection (e) by striking ``date of enactment of 
     this Act'' and inserting ``date it enters into force with 
     respect to the United States''.
       (c) Annual Report on Foreign Discrimination.--Section 
     305(d) of the Trade Agreements Act of 1979 (19 U.S.C. 
     2515(d)) is amended by striking out ``April 30, 1990, and 
     annually on April 30 thereafter,'' and inserting ``April 30 
     of each year,''.
       (d) Labor Surplus Area Studies.--Section 306 of the Trade 
     Agreements Act of 1979 (19 U.S.C. 2516), and the item 
     relating to such section in the table of contents for such 
     Act, are repealed.
       (e) Availability of Information to Congressional 
     Advisors.--Section 307 of the Trade Agreements Act of 1979 
     (19 U.S.C. 2517) is amended by striking ``part VI, paragraph 
     9,'' and inserting ``article XIX(5)''.
       (f) Definitions.--Section 308 of the Trade Agreements Act 
     of 1979 (19 U.S.C. 2518) is amended--
       (1) in paragraph (1) by striking ``section 2(c) of this 
     Act'' and inserting ``section 101(d)(17) of the Uruguay Round 
     Agreements Act''; and
       (2) in paragraph (4)--
       (A) in subparagraph (C) by striking ``having a contract 
     value'' and all that follows through the end of the 
     subparagraph and inserting ``for which the United States is 
     obligated to waive Buy National restrictions under--
       ``(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.''; and
       (B) in subparagraph (D) by striking ``GATT'' the first 
     place it appears and all that follows through the end of the 
     subparagraph and inserting ``the Agreement (as defined in 
     paragraph (1)), but for the thresholds provided for in the 
     Agreement.''.
       (g) Conforming Amendments.--Section 401 of the Rural 
     Electrification Act of 1938 (7 U.S.C. 903 note) is amended--
       (1) by striking ``, Mexico, or Canada'' each place that it 
     appears and inserting ``or in any eligible country''; and
       (2) by adding at the end the following: ``For purposes of 
     this section, an `eligible country' is any country that 
     applies with respect to the United States an agreement 
     ensuring reciprocal access for United States products and 
     services and United States suppliers to the markets of that 
     country, as determined by the United States Trade 
     Representative.''.

     SEC. 343. RECIPROCAL COMPETITIVE PROCUREMENT PRACTICES.

       (a) Applicability.--Section 302(a) of the Trade Agreements 
     Act of 1979 (19 U.S.C. 2512(a)) is amended to read as 
     follows:
       ``(a) Authority to Bar Procurement From Non-Designated 
     Countries.--
       ``(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) Additional Waiver Authority.--Section 302(b) of the 
     Trade Agreements Act of 1979 (19 U.S.C. 2512(b)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) 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--
       ``(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;''; and
       (2) by adding after paragraph (3) the following:
     ``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.''.
       (c) Conforming Amendment.--Section 305(g) of the Trade 
     Agreements Act of 1979 (19 U.S.C. 2515(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(B) or (C)'' and inserting ``(B), (C), 
     (D), or (E)''; and
       (B) by striking ``their discriminatory procurement 
     practices'' and inserting ``the practices regarding 
     government procurement identified under subparagraph (B)(ii), 
     (C)(ii), (D)(ii), or (E)(ii) (as the case may be)''; and
       (2) in paragraph (3) by striking ``discrimination 
     identified pursuant to subsection (d)(2)(B) or (C)'' and 
     inserting ``the practices regarding government procurement 
     identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or 
     (E)(ii) (as the case may be)''.

     SEC. 344. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this subtitle take effect on the date on 
     which the Agreement on Government Procurement referred to in 
     section 101(d)(17) enters into force with respect to the 
     United States.
       (b) Section 342(g).--The amendments made by section 342(g) 
     take effect on the date on which the WTO Agreement enters 
     into force with respect to the United States.
                Subtitle F--Technical Barriers to Trade

     SEC. 351. TECHNICAL BARRIERS TO TRADE.

       (a) References.--All references in this section are to 
     title IV of the Trade Agreements Act of 1979 (19 U.S.C. 2531 
     et seq.) unless otherwise specified.
       (b) Section 401.--Section 401 is amended--
       (1) by striking ``Nothing'' and inserting ``(b) Unnecessary 
     Obstacles.--Nothing''; and
       (2) by inserting after the section heading the following:
       ``(a) No Bar To Engaging in Standards Activity.--Nothing in 
     this title may be construed--
       ``(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.''.
       (c) Section 402.--Section 402(4) is amended--
       (1) by striking ``Certification access'' in the paragraph 
     heading and inserting ``Access'';
       (2) by striking ``certification system'' and inserting 
     ``conformity assessment procedure''; and
       (3) by striking ``certification under that system'' and 
     inserting ``an assessment of conformity and the mark of the 
     system, if any''.
       (d) Section 414.--Section 414(b)(1) is amended--
       (1) by inserting ``(A)'' after ``relating to'';
       (2) by striking ``certification systems'' and inserting 
     ``technical regulations, conformity assessment procedures,'';
       (3) by striking ``such standards, systems'' and inserting 
     ``such standards, technical regulations, conformity 
     assessment procedures,''; and
       (4) after ``local'' by inserting ``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''.
       (e) Definitions.--Section 451 is amended--
       (1) so that paragraph (1) reads as follows:
       ``(1) 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.'';
       (2) so that paragraph (2) reads as follows:
       ``(2) 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.'';
       (3) in paragraph (4), by striking ``certification system'' 
     and inserting ``conformity assessment procedure'' each place 
     it occurs;
       (4) so that paragraph (6)(A) reads as follows:
       ``(A) the membership of which is open to representatives, 
     whether public or private, of the United States and at least 
     all Members.'';
       (5) in paragraph (7), by striking ``certification system'' 
     and inserting ``conformity assessment procedure'';
       (6) so that paragraph (8) reads as follows:
       ``(8) Member.--The term `Member' means a WTO member as 
     defined in section 2(10) of the Uruguay Round Agreements 
     Act.'';
       (7) so that paragraph (13) reads as follows:
       ``(13) 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.'';
       (8) in paragraph (14), by striking ``or any certification 
     system'' and inserting ``, technical regulation, or 
     conformity assessment procedure''; and
       (9) by redesignating paragraph (17) as paragraph (18) and 
     inserting after paragraph (16) the following:
       ``(17) 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.''.
       (f) Reports to Congress.--Section 453 is amended by 
     inserting ``through 2001'' after ``succeeding 3-year 
     period''.
       (g) Effective Date.--Title IV of the Trade Agreements Act 
     of 1979 (19 U.S.C. 2531 et seq.) is amended by striking 
     section 454.

     SEC. 352. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle take 
     effect on the date on which the WTO Agreement enters into 
     force with respect to the United States.
                TITLE IV--AGRICULTURE-RELATED PROVISIONS
                        Subtitle A--Agriculture

                         PART I--MARKET ACCESS

     SEC. 401. SECTION 22 AMENDMENTS.

       (a) Amendment to Section 22.--
       (1) Generally.--Subsection (f) of section 22 of the 
     Agricultural Adjustment Act (7 U.S.C. 624(f)), reenacted with 
     amendments by the Agricultural Marketing Agreement Act of 
     1937, is amended to read as follows:
       ``(f) No quantitative limitation or fee shall be imposed 
     under this section with respect to any article that is the 
     product of a WTO member (as defined in section 2(10) of the 
     Uruguay Round Agreements Act).''.
       (2) Effective Date.--The amendment made by paragraph (1) 
     shall take effect on the date of entry into force of the WTO 
     Agreement with respect to the United States, except that with 
     respect to wheat, that amendment shall take effect on the 
     later of such date or September 12, 1995.
       (b) Conforming Amendments.--
       (1) Section 202 of the agricultural act of 1956.--Section 
     202 of the Agricultural Act of 1956 (7 U.S.C. 1852) is 
     amended--
       (A) by striking subsection (a); and
       (B) in subsection (b), by striking ``(b)''.
       (2) Cotton import quotas.--Section 103B of the Agricultural 
     Act of 1949 (7 U.S.C. 1444-2) is amended--
       (A) in subsection (a)(5)(F)(i)--
       (i) by striking ``this section'' and inserting ``the 
     Uruguay Round Agreements Act''; and
       (ii) by striking ``limited global'';
       (B) in subsection (a)(5)(F)(iv), by striking ``special 
     quota period has'' and inserting ``quota period has'';
       (C) by adding at the end of subsection (a)(5)(F) the 
     following:
       ``(v) Preferential tariff treatment.--The quantity under a 
     special import quota shall be considered to be an in-quota 
     quantity for purposes of section 213(d) of the Caribbean 
     Basin Economic Recovery Act (19 U.S.C. 2703(d)), section 204 
     of the Andean Trade Preference Act (19 U.S.C. 3203), section 
     503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)), and 
     General Note 3(a)(iv) to the HTS.
       ``(vi) Definition.--As used in this subparagraph, the term 
     `special import quota' means a quantity of imports that is 
     not subject to the over-quota tariff rate of a tariff-rate 
     quota.''; and
       (D) in subsection (n)--
       (i) in the subsection heading, by striking ``Special'';
       (ii) in paragraph (1), by striking ``this section'' and 
     inserting ``the Uruguay Round Agreements Act'';
       (iii) in paragraph (1), by striking ``special'' each place 
     it appears;
       (iv) by redesignating paragraph (1)(C) as paragraph (1)(D);
       (v) by inserting after subparagraph (B) of paragraph (1) 
     the following:
       ``(C) Preferential tariff treatment.--The quantity under a 
     limited global import quota shall be considered to be an in-
     quota quantity for purposes of section 213(d) of the 
     Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d)), 
     section 204 of the Andean Trade Preference Act (19 U.S.C. 
     3203), section 503(d) of the Trade Act of 1974 (19 U.S.C. 
     2463(d)), and General Note 3(a)(iv) to the HTS.''; and
       (vi) in paragraph (1)(D) (as redesignated by clause (iv)), 
     by adding at the end the following:
       ``(iii) Limited global import quota.--As used in this 
     subsection, the term `limited global import quota' means a 
     quantity of imports that is not subject to the over-quota 
     tariff rate of a tariff-rate quota.''; and
       (vii) in paragraph (2), by striking ``special quota period 
     may'' and inserting ``quota period may''.

     SEC. 402. CHEESE AND CHOCOLATE CRUMB IMPORTS.

       (a) Repeal of Sections 701 and 703.--Sections 701 and 703 
     of the Trade Agreements Act of 1979 (93 Stat. 268) are hereby 
     repealed.
       (b) Presidential Action.--Section 702(d)(1) (93 Stat. 268) 
     of the Trade Agreements Act of 1979 is amended to read as 
     follows:
       ``(1) In general.--Not later than 7 days after receiving a 
     report under subsection (c)(3) with respect to an article of 
     cheese subject to an in-quota rate of duty (or not later than 
     3 days after receiving a report under paragraph (2) in any 
     case in which such paragraph applies), the President shall 
     proclaim the imposition of a fee on the importation of such 
     article from the country involved in such amount (not to 
     exceed the amount of the subsidy determined under subsection 
     (b)(2)(B)) as may be necessary to ensure that the duty-paid 
     wholesale price of such article will not be less than the 
     domestic wholesale market price of similar articles produced 
     in the United States, and shall direct the Commissioner of 
     Customs to administer and enforce such fee. Any such fee 
     imposed shall be in addition to any customs duty or other fee 
     imposed by law.''.
       (c) Technical and Conforming Amendments.--
       (1) Section 702 of the Trade Agreements Act of 1979 is 
     amended by striking ``of quota cheese'' each place it appears 
     and inserting ``of cheese subject to an in-quota rate of 
     duty''.
       (2) Section 702(c)(2) of such Act is amended--
       (A) by striking ``the Special Representative for Trade 
     Negotiations'' and inserting ``the United States Trade 
     Representative'', and
       (B) by striking ``The Special Representative'' and 
     inserting ``The United States Trade Representative''.
       (3) Subsections (c)(3)(B) and (e) of section 702 of such 
     Act are each amended by striking ``or quantitative 
     limitation''.
       (4) Section 702(f) of such Act is amended--
       (A) by inserting ``(as in effect on the day before the 
     effective date of title II of the Uruguay Round Agreements 
     Act)'' after ``Tariff Act of 1930'', and
       (B) by striking ``under title I of this Act'' and inserting 
     ``under title VII of the Tariff Act of 1930''.
       (5) Section 702(g)(2) of such Act is amended by striking 
     ``or quantitative limitations''.
       (6) Section 702(h) of such Act is amended by adding at the 
     end the following new paragraphs:
       ``(4) Cheese subject to an in-quota rate of duty.--The term 
     `cheese subject to an in-quota rate of duty' means the 
     articles and the quantities of such articles provided for in 
     the Additional U. S. Notes 14 through 23 of chapter 4 of 
     Schedule XX (as defined in section 2(5) of the Uruguay Round 
     Agreements Act).
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.''.

     SEC. 403. MEAT IMPORT ACT.

       The Meat Import Act of 1979 (19 U.S.C. 2253 note) is 
     repealed.

     SEC. 404. ADMINISTRATION OF TARIFF-RATE QUOTAS.

       (a) Orderly Marketing.--In implementing the tariff-rate 
     quotas set out in Schedule XX for the entry, or withdrawal 
     from warehouse, for consumption of goods in the United 
     States, the President shall take such action as may be 
     necessary to ensure that imports of agricultural products do 
     not disrupt the orderly marketing of commodities in the 
     United States.
       (b) Inadequate Supply.--Where imports of an agricultural 
     product are subject to a tariff-rate quota, and where the 
     President determines and proclaims that the supply of the 
     same or directly competitive or substitutable agricultural 
     product will be inadequate, because of a natural disaster, 
     disease, or major national market disruption, to meet 
     domestic demand at reasonable prices, the President may 
     temporarily increase the quantity of imports of the 
     agricultural product that is subject to the in-quota rate of 
     duty established under the tariff-rate quota.
       (c) Monitoring.--The Secretary of Agriculture shall monitor 
     the domestic supply of agricultural products subject to a 
     tariff-rate quota as the Secretary considers appropriate and 
     shall advise the President when the domestic supply of the 
     products and substitutable products combined with the 
     estimated imports of the products under the tariff-rate quota 
     may be inadequate to meet domestic demand at reasonable 
     prices.
       (d) Coverage of Tariff-Rate Quotas.--
       (1) Exclusions.--The President may, subject to terms and 
     conditions determined appropriate by the President, provide 
     that the entry, or withdrawal from warehouse, for consumption 
     in the United States of an agricultural product shall not be 
     subject to the over-quota rate of duty established under a 
     tariff-rate quota if the agricultural product--
       (A) is imported by, or for the account of, any agency of 
     the United States or of any foreign embassy;
       (B) is imported as a sample for taking orders, for the 
     personal use of the importer, or for the testing of 
     equipment;
       (C) is a commercial sample or is entered for exhibition, 
     display, or sampling at a trade fair or for research; or
       (D) is a blended syrup provided for in subheadings 
     1702.20.28, 1702.30.28, 1702.40.28, 1702.60.28, 1702.90.58, 
     1806.20.92, 1806.20.93, 1806.90.38, 1806.90.40, 2101.10.38, 
     2101.20.38, 2106.90.38, or 2106.90.67 of Schedule XX, if 
     entered from a foreign trade zone by a foreign trade zone 
     user whose facilities were in operation on June 1, 1990, to 
     the extent that the annual quantity entered into the customs 
     territory from such zone does not contain a quantity of sugar 
     of nondomestic origin greater than the quantity authorized by 
     the Foreign Trade Zones Board for processing in that zone 
     during calendar year 1985.
       (2) Reclassification.--Subject to the consultation and 
     layover requirements of section 115, the President may 
     proclaim a modification to the coverage of a tariff-rate 
     quota for any agricultural product if the President 
     determines the modification is necessary or appropriate to 
     conform the tariff-rate quota to Schedule XX as a result of a 
     reclassification of any item by the Secretary of the 
     Treasury.
       (3) Allocation.--The President may allocate the in-quota 
     quantity of a tariff-rate quota for any agricultural product 
     among supplying countries or customs areas and may modify any 
     allocation as determined appropriate by the President.
       (4) Bilateral agreement.--The President may proclaim an 
     increase in the tariff-rate quota for beef if the President 
     determines that an increase is necessary to implement--
       (A) the March 24, 1994, agreement between the United States 
     and Argentina; or
       (B) the March 9, 1994, agreement between the United States 
     and Uruguay.
       (5) Continuation of sugar headnote.--The President is 
     authorized to proclaim additional United States note 3 to 
     chapter 17 of the HTS, and to proclaim the modifications to 
     the note, as determined appropriate by the President to 
     reflect Schedule XX.
       (e) Conforming Amendments.--
       (1) Section 213 of the caribbean basin economic recovery 
     act.--Section 213(d) of the Caribbean Basin Economic Recovery 
     Act (19 U.S.C. 2703(d)) is amended to read as follows:
       ``(d) 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.''.
       (2) Section 204 of the andean trade preference act.--
     Section 204 of the Andean Trade Preference Act (19 U.S.C. 
     3203) is amended by adding at the end the following new 
     subsection:
       ``(g) 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.''.
       (3) GSP.--Section 503 of the Trade Act of 1974 (19 U.S.C. 
     2463) is amended by adding at the end the following new 
     subsection:
       ``(d) 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.''.
       (4) General Note 3(a) to the HTS.--General Note 3(a)(iv) to 
     the HTS is amended by adding at the end the following:
       ``(F) No quantity of an agricultural product that is 
     subject to a tariff-rate quota that exceeds the in-quota 
     quantity shall be eligible for duty-free treatment under this 
     paragraph.''.
       (5) Duty drawback.--
       (A) Generally.--Section 313 of the Tariff Act of 1930 (19 
     U.S.C. 1313) is amended by adding at the end the following 
     new subsection:
       ``(w) Limited Applicability for Certain Agricultural 
     Products.--No drawback shall be available with respect to an 
     agricultural product subject to the over-quota rate of duty 
     established under a tariff-rate quota, except pursuant to 
     subsection (j)(1).''.
       (B) Effective Date.--The amendment made by subparagraph (A) 
     shall take effect on the earlier of the date of entry into 
     force of the WTO Agreement with respect to the United States 
     or January 1, 1995.
       (6) Restrictions on imported peanuts.--Paragraph (6) of 
     section 358e(f) of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1359a(f)(6)) is amended by inserting after ``issues a 
     proclamation'' the following: ``under section 404(b) of the 
     Uruguay Round Agreements Act expanding the quantity of 
     peanuts subject to the in-quota rate of duty under a tariff-
     rate quota, or''.

     SEC. 405. SPECIAL AGRICULTURAL SAFEGUARD AUTHORITY.

       (a) Determination of Trigger Levels.--Consistent with 
     Article 5 as determined by the President, the President shall 
     cause to be published in the Federal Register--
       (1) the list of special safeguard agricultural goods not 
     later than the date of entry into force of the WTO Agreement 
     with respect to the United States; and
       (2) for each special safeguard agricultural good--
       (A) the trigger level specified in subparagraph 1(a) of 
     Article 5, on an annual basis;
       (B) the trigger price specified in subparagraph 1(b) of 
     Article 5; and
       (C) the relevant period.
       (b) Determination of Safeguard.--If the President 
     determines with respect to a special safeguard agricultural 
     good that it is appropriate to impose--
       (1) the price-based safeguard in accordance with 
     subparagraph 1(a) of Article 5; or
       (2) the volume-based safeguard in accordance with 
     subparagraph 1(b) of Article 5,
     the President shall, consistent with Article 5 as determined 
     by the President, determine the amount of the duty to be 
     imposed, the period such duty shall be in effect, and any 
     other terms and conditions applicable to the duty.
       (c) Imposition of Safeguard.--The President shall direct 
     the Secretary of the Treasury to impose a duty on a special 
     safeguard agricultural good entered, or withdrawn from 
     warehouse, for consumption in the United States in accordance 
     with a determination made under subsection (b).
       (d) No Simultaneous Safeguard.--A duty may not be in effect 
     for a special safeguard agricultural good pursuant to this 
     section during any period in which such good is the subject 
     of any action proclaimed pursuant to section 202 or 203 of 
     the Trade Act of 1974 (19 U.S.C. 2252 or 2253).
       (e) Exclusion of NAFTA Countries.--The President may exempt 
     from any duty imposed under this section any good originating 
     in a NAFTA country (as determined in accordance with section 
     202 of the North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3332)).
       (f) Advice of Secretary of Agriculture.--The Secretary of 
     Agriculture shall advise the President on the implementation 
     of this section.
       (g) Termination Date.--This section shall cease to be 
     effective on the date, as determined by the President, that 
     the special safeguard provisions of Article 5 are no longer 
     in force with respect to the United States.
       (h) Definitions.--For purposes of this section--
       (1) the term ``Article 5'' means Article 5 of the Agreement 
     on Agriculture described in section 101(d)(2);
       (2) the term ``relevant period'' means the period 
     determined by the President to be applicable to a special 
     safeguard agricultural good for purposes of applying this 
     section; and
       (3) the term ``special safeguard agricultural good'' means 
     an agricultural good on which an additional duty may be 
     imposed pursuant to the special safeguard provisions of 
     Article 5.

                            PART II--EXPORTS

     SEC. 411. EXPORT PROGRAMS.

       (a) Export Enhancement Program.--
       (1) Short title.--This subsection may be cited as the 
     ``Export Enhancement Program Amendments of 1994''.
       (2) Title heading.--Title III of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5651 et seq.) is amended by striking the 
     title heading and inserting the following:
               ``TITLE III--EXPORT ENHANCEMENT PROGRAM''.
       (3) General authority.--Subsection (a) of section 301 of 
     such Act (7 U.S.C. 5651(a)) is amended to read as follows:
       ``(a) In General.--The Commodity Credit Corporation shall 
     carry out an export enhancement program in accordance with 
     this section to encourage the commercial sale of United 
     States agricultural commodities in world markets at 
     competitive prices. The program shall be carried out in a 
     market sensitive manner. Activities under the program shall 
     not be limited to responses to unfair trade practices.''.
       (4) Funding.--Section 301 of such Act (7 U.S.C. 5651) is 
     amended--
       (A) in subsection (e), by striking ``1995'' and inserting 
     ``2001''; and
       (B) by adding at the end the following:
       ``(g) Consistency With International Obligations.--
     Notwithstanding any other provision of this section, the 
     Commodity Credit Corporation shall administer and carry out 
     the program authorized by this section in a manner 
     consistent, as determined by the President, with the 
     obligations undertaken by the United States set forth in the 
     Uruguay Round Agreements.''.
       (b) Dairy Export Incentive Program.--Section 153(a) of the 
     Food Security Act of 1985 (15 U.S.C. 713a-14) is amended by 
     striking ``1995'' and inserting ``2001''.
       (c) Export Sales of Dairy Products.--Subsection (a) of 
     section 1163 of the Food Security Act of 1985 (Public Law 99-
     198; 7 U.S.C. 1731 note) is amended to read as follows:
       ``(a) In each fiscal year, the Secretary of Agriculture may 
     sell dairy products for export, at such prices as the 
     Secretary determines appropriate, in a quantity and allocated 
     as determined by the Secretary, consistent with the 
     obligations undertaken by the United States set forth in the 
     Uruguay Round Agreements, if the disposition of the 
     commodities will not interfere with the usual marketings of 
     the United States nor disrupt world prices of agricultural 
     commodities and patterns of commercial trade.''.
       (d) Market Promotion Program.--(1) Section 203(c) of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is 
     amended--
       (A) by striking paragraph (2);
       (B) by striking ``Participation.--'' and all that follows 
     through ``To'' in paragraph (1) and inserting 
     ``Participation.--To'';
       (C) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively; and
       (D) by aligning the margins of paragraphs (1), (2), and (3) 
     (as so redesignated) so as to align with the margin of 
     paragraph (1) of subsection (d).
       (2) Section 203(f)(2) of such Act (7 U.S.C. 5623(f)(2)) is 
     amended--
       (A) by striking subparagraph (D);
       (B) by inserting ``or'' at the end of subparagraph (C); and
       (C) by redesignating subparagraph (E) as subparagraph (D).
     (e) Food Aid.--
         (1) Policy.--In light of the Uruguay Round Agreement on 
     Agriculture and the Ministerial Decision on Measures 
     Concerning the Possible Negative Effects of the Reform 
     Program on Least-Developed and Net-Food Importing Developing 
     Countries, the United States reaffirms the commitment of the 
     United States to providing food aid to developing countries.
         (2) Sense of Congress.--It is the sense of Congress 
     that--
         (A) the President should initiate consultations with 
     other donor nations to consider appropriate levels of food 
     aid commitments to meet the legitimate needs of developing 
     countries; and
         (B) the United States should increase its contribution of 
     bona fide food assistance to developing countries consistent 
     with the Agreement on Agriculture.

     SEC. 412. OTHER CONFORMING AMENDMENTS.

         (a) Public Law 98-332.--Section 106 of Public Law 98-332 
     (98 Stat. 287), is repealed.
         (b)  Agriculture, Rural Development, and Related Agencies 
     Appropriations Act, 1984.--Section 625(A) of the Agriculture, 
     Rural Development, and Related Agencies Appropriations Act, 
     1984, as given the force of law by section 101(d) of Public 
     Law 98-151 (97 Stat. 1853), is repealed.
         (c) Agricultural Act of 1956.--Section 203 of the 
     Agriculture Act of 1956 (7 U.S.C. 1853) is repealed.

                       PART III--OTHER PROVISIONS

     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.
         (b) Effective Date.--This section shall take effect on 
     the date of the enactment of this Act.

     SEC. 422. TOBACCO IMPORTS.

         (a) Domestic Marketing Assessment.--Section 320C of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1314i) is 
     amended by adding at the end the following new subsection:
         ``(g) Effective Date.--This section shall be effective 
     only for calendar year 1994.''.
         (b) Budget Deficit Assessment.--
         (1) Importer assessments.--Section 106(g) of the 
     Agricultural Act of 1949 (7 U.S.C. 1445(g)) is amended--
         (A) by striking paragraph (1) and inserting the following 
     new paragraph:
         ``(1) Effective only for each of the 1994 through 1998 
     crops of tobacco for which price support is made available 
     under this Act, each producer and purchaser of such tobacco, 
     and each importer of the same kind of tobacco, shall remit to 
     the Commodity Credit Corporation a nonrefundable marketing 
     assessment in an amount equal to--
         ``(A) in the case of a producer or purchaser of domestic 
     tobacco, .5 percent of the national price support level for 
     each such crop; and
         ``(B) in the case of an importer of tobacco, 1 percent of 
     the national support price for the same kind of tobacco;
     as provided for in this section.''; and
         (B) in paragraph (2), by striking ``assessments and 
     purchaser'' and inserting ``, purchaser, and importer''.
         (2) Conforming amendment.--Section 106 of such Act (7 
     U.S.C. 1445) is amended by striking subsection (h).
         (c) Waiver Authority.--The President may waive the 
     application to imported tobacco of section 106(g), 106A, or 
     106B of the Agricultural Act of 1949 (7 U.S.C. 1445(g), 1445-
     1, or 1445-2) or the amendment made in subsection (c) of 
     section 1106 of the Omnibus Budget Reconciliation Act of 1993 
     (Public Law 103-66; 107 Stat. 323) if the President 
     determines that the waiver is necessary or appropriate 
     pursuant to an international agreement entered into by the 
     United States.
         (d) Duty Drawback.--Section 313(w) of the Tariff Act of 
     1930 (19 U.S.C. 1313) (as added by section 404(d)(5)) is 
     further amended--
         (1) by striking ``Products.--No'' and inserting 
     ``Products.--
         ``(1) In general.--No''; and
         (2) by adding at the end the following new paragraph:
         ``(2) Application to tobacco.--Notwithstanding paragraph 
     (1), drawback shall also be available pursuant to subsection 
     (a) with respect to any tobacco subject to the over-quota 
     rate of duty established under a tariff-rate quota.''.
         (e) Effective Date.--This section and the amendments made 
     by this section shall be effective beginning on the effective 
     date of the Presidential proclamation, authorized under 
     section 421, establishing a tariff-rate quota pursuant to 
     Article XXVIII of the GATT 1947 or the GATT 1994 with respect 
     to tobacco.

     SEC. 423. TOBACCO PROCLAMATION AUTHORITY.

         (a) In General.--The President, after consultation with 
     the Committee on Ways and Means of the House of 
     Representatives and with the Committee on Finance of the 
     Senate, may proclaim the reduction or elimination of any duty 
     with respect to cigar binder and filler tobacco, wrapper 
     tobacco, or oriental tobacco set forth in Schedule XX.
         (b) Effective Date.--This section shall take effect on 
     the date of the enactment of this Act.

     SEC. 424. REPORT TO CONGRESS ON ACCESS TO CANADIAN DAIRY AND 
                   POULTRY MARKETS.

         The President, not later than 6 months after the date of 
     entry into force of the WTO Agreement with respect to the 
     United States, shall submit a report to the Congress on the 
     extent to which Canada is complying with its obligations 
     under the Uruguay Round Agreements with respect to dairy and 
     poultry products and with its related obligations under the 
     North American Free Trade Agreement.

     SEC. 425. STUDY OF MILK MARKETING ORDER SYSTEM.

         The Secretary of Agriculture shall conduct a study to 
     determine the effects of the Uruguay Round Agreements on the 
     Federal milk marketing order system. Not later than 6 months 
     after the date of entry into force of the WTO Agreement with 
     respect to the United States, the Secretary of Agriculture 
     shall report to the Congress on the results of the study.

     SEC. 426. ADDITIONAL PROGRAM FUNDING.

         (a) Use of Additional Funds.--Consistent, as determined 
     by the President, with the obligations undertaken by the 
     United States set forth in the Uruguay Round Agreements, the 
     Commodity Credit Corporation shall use, in addition to any 
     other funds appropriated or made available for such purposes, 
     any funds made available under subsection (b) for authorized 
     export promotion, foreign market development, export credit 
     financing, and promoting the development, commercialization, 
     and marketing of products resulting from alternative uses of 
     agricultural commodities.
         (b) Amount of Additional Funds.--Amounts shall be 
     credited to the Commodity Credit Corporation in fiscal year 
     1995 equal to the lesser of the dollar amount of--
         (1) the fiscal year 1995 Pay-As-You-Go savings; and
         (2) the 5-year Pay-As-You-Go savings;
     under section 252 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, resulting from the enactment of 
     the Federal Crop Insurance Reform Act of 1994.
         (c) Effective Date.--This section shall take effect on 
     the date of the enactment of this section.
            Subtitle B--Sanitary and Phytosanitary Measures

     SEC. 431. SANITARY AND PHYTOSANITARY MEASURES.

         (a) Trade Agreements Act of 1979.--Section 414 of the 
     Trade Agreements Act of 1979 (19 U.S.C. 2544) is amended by 
     adding at the end the following:
         ``(c) Sanitary and Phytosanitary Measures.--
         ``(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.''.
         (b) Railway Car Inspection.--Subsection (a) of the Act of 
     January 31, 1942 (56 Stat. 40, chapter 31; 7 U.S.C. 149), is 
     amended by striking ``from Mexico''.
         (c) Federal Plant Pest Act.--The Federal Plant Pest Act 
     (7 U.S.C. 150aa et seq.) is amended--
         (1) so that section 103 (7 U.S.C. 150bb) reads as 
     follows:

     ``SEC. 103. MOVEMENT OF PESTS PROHIBITED.

         ``(a) In General.--No person shall import or enter any 
     plant pest into the United States, or move any plant pest 
     interstate, or accept delivery of any plant pest moving from 
     any foreign country into or through the United States, or 
     interstate, unless the movement is made in accordance with 
     such regulations as the Secretary may promulgate to prevent 
     the dissemination into the United States, or interstate, of 
     plant pests.
         ``(b) Regulations.--The regulations promulgated by the 
     Secretary to implement subsection (a) may include regulations 
     requiring that a plant pest moving into or through the United 
     States, or interstate--
         ``(1) be accompanied by a permit issued by the Secretary 
     prior to the movement of the plant pest; or
         ``(2) be accompanied by a certificate of inspection 
     issued, in a manner and form required by the Secretary, by 
     appropriate officials of the country or State from which the 
     plant pest is to be moved.''; and
         (2) in section 104 (7 U.S.C. 150cc)--
         (A) so that subsection (a) reads as follows:
         ``(a) Any letter, parcel, box, or other package 
     containing any plant pest, whether sealed as letter-rate 
     postal matter or not, is nonmailable, and shall not knowingly 
     be conveyed in the mail or delivered from any post office or 
     by any mail carrier, unless it is mailed in conformance with 
     such regulations as the Secretary may promulgate to prevent 
     the dissemination into the United States, or interstate, of 
     plant pests.'';
         (B) by striking subsection (b); and
         (C) by redesignating subsections (c) and (d) as 
     subsections (b) and (c), respectively.
         (d) Plant Quarantine Act.--The Act of August 20, 1912 (37 
     Stat. 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known 
     as the ``Plant Quarantine Act'') is amended--
         (1) so that the first section (7 U.S.C. 151) reads as 
     follows:

     ``SECTION 1. IMPORTATION OF NURSERY STOCK.

         ``(a) In General.--No person shall--
         ``(1) import or enter into the United States any nursery 
     stock; or
         ``(2) accept delivery of any nursery stock moving from 
     any foreign country into or through the United States;
     unless the movement is made in accordance with such 
     regulations as the Secretary of Agriculture may promulgate to 
     prevent dissemination into the United States of plant pests, 
     plant diseases, or insect pests.
         ``(b) Regulations.--The regulations promulgated by the 
     Secretary of Agriculture to implement subsection (a) may 
     include regulations requiring that nursery stock moving into 
     or though the United States--
         ``(1) be accompanied by a permit issued by the Secretary 
     of Agriculture prior to the movement of the nursery stock;
         ``(2) be accompanied by a certificate of inspection 
     issued, in a manner and form required by the Secretary of 
     Agriculture, by appropriate officials of the country or State 
     from which the nursery stock is to be moved;
         ``(3) be grown under postentry quarantine conditions by 
     or under the supervision of the Secretary of Agriculture for 
     the purposes of determining whether the nursery stock may be 
     infested with plant pests or insect pests, or infected with 
     plant diseases, not discernible by port-of-entry inspection; 
     and
         ``(4) if the nursery stock is found to be infested with 
     plant pests or insect pests or infected with plant diseases, 
     be subject to remedial measures the Secretary of Agriculture 
     determines to be necessary to prevent the spread of plant 
     pests, insect pests, or plant diseases.''; and
         (2) so that the last sentence of section 2 (7 U.S.C. 156) 
     reads as follows: ``This section does not apply to nursery 
     stock that is imported or entered from a country or a region 
     of a country that the Secretary of Agriculture designates, 
     pursuant to procedures set forth in such regulations as the 
     Secretary may promulgate, as exempt from the requirements of 
     this section.''.
         (e) Honeybee Importation.--The first section of the Act 
     of August 31, 1922 (42 Stat. 833, chapter 301; 7 U.S.C. 281) 
     (commonly known as the ``Honeybee Act''), is amended to read 
     as follows:

     ``SECTION 1. HONEYBEE IMPORTATION.

         ``(a) In General.--The Secretary of Agriculture is 
     authorized to prohibit or restrict the importation or entry 
     of honeybees and honeybee semen into or through the United 
     States in order to prevent the introduction and spread of 
     diseases and parasites harmful to honeybees, the introduction 
     of genetically undesirable germ plasm of honeybees, or the 
     introduction and spread of undesirable species or subspecies 
     of honeybees and the semen of honeybees.
         ``(b) Regulations.--The Secretary of Agriculture and the 
     Secretary of the Treasury are each authorized to prescribe 
     such regulations as the respective Secretary determines 
     necessary to carry out this section.
         ``(c) Enforcement.--Honeybees or honeybee semen offered 
     for importation into, intercepted entering, or having entered 
     the United States, other than in accordance with regulations 
     promulgated by the Secretary of Agriculture and the Secretary 
     of the Treasury, shall be destroyed or immediately exported.
         ``(d) Definition.--As used in this Act, the term 
     `honeybee' means all life stages and the germ plasm of 
     honeybees of the genus Apis, except honeybee semen.''.
         (f) Federal Noxious Weed Act of 1974.--Section 4 of the 
     Federal Noxious Weed Act of 1974 (7 U.S.C. 2803) is amended 
     so that subsections (a) through (b) read as follows:
         ``(a) No person shall import or enter any noxious weed 
     identified in a regulation promulgated by the Secretary into 
     or through the United States or move any noxious weed 
     interstate, unless the movement is in accordance with such 
     conditions as the Secretary may prescribe by regulation under 
     this Act to prevent the dissemination into the United States, 
     or interstate, of such noxious weeds.
         ``(b) The regulations prescribed by the Secretary to 
     implement subsection (a) may include regulations requiring 
     that any noxious weed imported or entered into the United 
     States or moving interstate be accompanied by a permit issued 
     by the Secretary prior to the movement of the noxious 
     weed.''.
         (g) Tariff Act of 1930.--Section 306(b) of the Tariff Act 
     of 1930 (19 U.S.C. 1306(b)) is amended by inserting before 
     the period at the end the following: ``, or is, and is likely 
     to remain, a region of low prevalence of rinderpest and foot-
     and-mouth disease''.
         (h) Importation of Animals.--Section 6 of the Act of 
     August 30, 1890 (26 Stat. 416, chapter 839; 21 U.S.C. 104), 
     is amended to read as follows:

     ``SEC. 6. IMPORTATION OF ANIMALS.

         ``(a) In General.--The Secretary of Agriculture may by 
     regulation prohibit or restrict the importation or entry of 
     any cattle, sheep, or other ruminants, or swine, that are 
     diseased or infected with any disease, or that have been 
     exposed to an infection, into or through the United States to 
     prevent the dissemination into the United States of a 
     disease.
         ``(b) Penalties.--
         ``(1) Criminal.--Any person who knowingly violates any 
     regulation promulgated by the Secretary pursuant to this 
     section, or any provision of sections 7 through 10 or any 
     regulation promulgated by the Secretary pursuant to such 
     sections, shall be fined under title 18, United States Code, 
     or imprisoned not more than 1 year, or both.
         ``(2) Civil.--Any person who violates any such provision 
     or any such regulation may be assessed a civil penalty by the 
     Secretary of Agriculture not exceeding $1,000. The Secretary 
     may issue an order assessing the civil penalty only after 
     notice and an opportunity for an agency hearing on the 
     record. The order shall be treated as a final order 
     reviewable under chapter 158 of title 28, United States Code. 
     The validity of the order may not be reviewed in an action to 
     collect such civil penalty.''.
         (i) Inspection of Animals.--Section 10 of the Act of 
     August 30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C. 105), 
     is amended--
         (1) in subsection (a)--
         (A) by striking ``(a) In General.--Except as provided in 
     subsection (b), the'' and inserting ``The'';
         (B) in the first sentence, by striking ``shall cause 
     careful inspection to be made by a suitable officer of all'' 
     and inserting ``may cause careful inspection of any''; and
         (C) in the third sentence, by striking ``they shall not 
     be allowed to be placed'' and inserting ``the Secretary may 
     prohibit or restrict their placement``; and
         (2) by striking subsection (b).
         (j) International Animal Quarantine Station.--The 6th 
     sentence in the first section of Public Law 91-239 (21 U.S.C. 
     135) is amended--
         (1) by striking ``North American''; and
         (2) by striking ``within the United States''.
         (k) Poultry Products Inspection Act.--Section 17(d) of 
     the Poultry Products Inspection Act (21 U.S.C. 466) is 
     amended--
         (1) by amending paragraph (1) to read as follows:
         ``(1) Notwithstanding any other provision of law, all 
     poultry, or parts or products of poultry, capable of use as 
     human food offered for importation into the United States 
     shall--
         ``(A) be subject to inspection, sanitary, quality, 
     species verification, and residue standards that achieve a 
     level of sanitary protection equivalent to that achieved 
     under United States standards; and
         ``(B) have been processed in facilities and under 
     conditions that achieve a level of sanitary protection 
     equivalent to that achieved under United States standards.''; 
     and
         (2) in paragraph (2)--
         (A) by amending subparagraph (A) to read as follows:
         ``(A) The Secretary may treat as equivalent to a United 
     States standard a standard of an exporting country described 
     in paragraph (1) if the exporting country provides the 
     Secretary with scientific evidence or other information, in 
     accordance with risk assessment methodologies determined 
     appropriate by the Secretary, to demonstrate that the 
     standard of the exporting country achieves the level of 
     sanitary protection achieved under the United States 
     standard. For the purposes of this subsection, the term 
     `sanitary protection' means protection to safeguard public 
     health.'';
         (B) by striking subparagraph (B); and
         (C) by redesignating subparagraph (C) as subparagraph 
     (B).
         (l) Federal Meat Inspection Act.--Section 20(e) of the 
     Federal Meat Inspection Act (21 U.S.C. 620(e)) is amended--
         (1) so that subparagraphs (A) through (B) of paragraph 
     (1) read as follows:
         ``(A) A certification by the Secretary that foreign 
     plants exporting carcasses or meat or meat products referred 
     to in subsection (a) have complied with requirements that 
     achieve a level of sanitary protection equivalent to that 
     achieved under United States requirements with regard to all 
     inspection, building construction standards, and all other 
     provisions of this Act and regulations issued under this Act.
         ``(B) The Secretary may treat as equivalent to a United 
     States requirement a requirement described in subparagraph 
     (A) if the exporting country provides the Secretary with 
     scientific evidence or other information, in accordance with 
     risk assessment methodologies determined appropriate by the 
     Secretary, to demonstrate that the requirement achieves the 
     level of sanitary protection achieved under the United States 
     requirement. For the purposes of this subsection, the term 
     `sanitary protection' means protection to safeguard public 
     health.'';
         (2) by striking paragraph (2); and
         (3) by redesignating paragraphs (3) through (7) as 
     paragraphs (2) through (6), respectively.

     SEC. 432. INTERNATIONAL STANDARD-SETTING ACTIVITIES.

         Title IV of the Trade Agreements Act of 1979 (19 U.S.C. 
     2531 et seq.) is amended by adding at the end the following 
     new subtitle:
        ``Subtitle F--International Standard-Setting Activities

     ``SEC. 491. 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.
         ``(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. 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.
         ``(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 
     phystosanitary 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.

     ``SEC. 493. DEFINITIONS.

         ``(a) In General.--As used in this subtitle:
         ``(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.''.
                         Subtitle C--Standards

     SEC. 441. THE FEDERAL SEED ACT.

         The Federal Seed Act (7 U.S.C. 1551 et seq.) is amended--
         (1) in section 301(a) (7 U.S.C. 1581(a))--
         (A) by striking ``(a)'';
         (B) in paragraph (1), by striking ``, or is required to 
     be stained and is not so stained, under the terms of this 
     title,'';
         (C) by striking paragraph (3); and
         (D) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively;
         (2) in section 302 (7 U.S.C. 1582)--
         (A) in subsection (a), by striking ``staining,'' both 
     places it appears; and
         (B) by striking subsection (e);
         (3) by striking section 303 (7 U.S.C. 1585) and inserting 
     the following new section:

     ``SEC. 303. CERTAIN SEEDS NOT ADAPTED FOR GENERAL 
                   AGRICULTURAL USE.

         ``Whenever the Secretary of Agriculture, after a public 
     hearing, determines that seed of alfalfa or red clover from 
     any foreign country is not adapted for general agricultural 
     use in the United States, the Secretary shall publish the 
     determination and the reasons for the determination.''; and
         (4) in section 304 (7 U.S.C. 1586)--
         (A) in subsection (a)--
         (i) by inserting ``or'' at the end of paragraph (2);
         (ii) by striking the semicolon at the end of paragraph 
     (3) and inserting a period; and
         (iii) by striking paragraphs (4) through (7);
         (B) by striking subsection (b); and
         (C) by redesignating subsection (c) as subsection (b).
                   Subtitle D--General Effective Date

     SEC. 451. GENERAL EFFECTIVE DATE.

         Except as otherwise provided in this title, this title, 
     and the amendments made by this title, shall take effect on 
     the date of entry into force of the WTO Agreement with 
     respect to the United States.
                     TITLE V--INTELLECTUAL PROPERTY

     SEC. 501. DEFINITION.

       For purposes of this title--
       (1) the term ``WTO Agreement'' has the meaning given that 
     term in section 2(9) of the Uruguay Round Agreements Act; and
       (2) the term ``WTO member country'' has the meaning given 
     that term in section 2(10) of the Uruguay Round Agreements 
     Act.
                    Subtitle A--Copyright Provisions

     SEC. 511. RENTAL RIGHTS IN COMPUTER PROGRAMS.

       Section 804(c) of the Computer Software Rental Amendments 
     Act of 1990 (17 U.S.C. 109 note; 104 Stat. 5136) is amended 
     by striking the first sentence.

     SEC. 512. CIVIL PENALTIES FOR UNAUTHORIZED FIXATION OF AND 
                   TRAFFICKING IN SOUND RECORDINGS AND MUSIC 
                   VIDEOS OF LIVE MUSICAL PERFORMANCES.

       (a) In General.--Title 17, United States Code, is amended 
     by adding at the end the following new chapter:

            ``CHAPTER 11--SOUND RECORDINGS AND MUSIC VIDEOS

``Sec.
``1101. Unauthorized fixation and trafficking in sound recordings and 
              music videos.

     ``Sec. 1101. Unauthorized fixation and trafficking in sound 
       recordings and music videos

       ``(a) Unauthorized Acts.--Anyone who, without the consent 
     of the performer or performers involved--
       ``(1) fixes the sounds or sounds and images of a live 
     musical performance in a copy or phonorecord, or reproduces 
     copies or phonorecords of such a performance from an 
     unauthorized fixation,
       ``(2) transmits or otherwise communicates to the public the 
     sounds or sounds and images of a live musical performance, or
       ``(3) distributes or offers to distribute, sells or offers 
     to sell, rents or offers to rent, or traffics in any copy or 
     phonorecord fixed as described in paragraph (1), regardless 
     of whether the fixations occurred in the United States,

     shall be subject to the remedies provided in sections 502 
     through 505, to the same extent as an infringer of copyright.
       ``(b) Definition.--As used in this section, the term 
     `traffic in' means transport, transfer, or otherwise dispose 
     of, to another, as consideration for anything of value, or 
     make or obtain control of with intent to transport, transfer, 
     or dispose of.
       ``(c) Applicability.--This section shall apply to any act 
     or acts that occur on or after the date of the enactment of 
     the Uruguay Round Agreements Act.
       ``(d) State Law Not Preempted.--Nothing in this section may 
     be construed to annul or limit any rights or remedies under 
     the common law or statutes of any State.''.
       (b) Conforming Amendment.--The table of chapters for title 
     17, United States Code, is amended by adding at the end the 
     following:
``11. Sound Recordings and Music Videos.....................1101''.....

     SEC. 513. CRIMINAL PENALTIES FOR UNAUTHORIZED FIXATION OF AND 
                   TRAFFICKING IN SOUND RECORDINGS AND MUSIC 
                   VIDEOS OR LIVE MUSICAL PERFORMANCES.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by inserting after section 2319 the 
     following:

     ``Sec. 2319A. Unauthorized fixation of and trafficking in 
       sound recordings and music videos of live musical 
       performances

       ``(a) Offense.--Whoever, without the consent of the 
     performer or performers involved, knowingly and for purposes 
     of commercial advantage or private financial gain--
       ``(1) fixes the sounds or sounds and images of a live 
     musical performance in a copy or phonorecord, or reproduces 
     copies or phonorecords of such a performance from an 
     unauthorized fixation;
       ``(2) transmits or otherwise communicates to the public the 
     sounds or sounds and images of a live musical performance; or
       ``(3) distributes or offers to distribute, sells or offers 
     to sell, rents or offers to rent, or traffics in any copy or 
     phonorecord fixed as described in paragraph (1), regardless 
     of whether the fixations occurred in the United States;

     shall be imprisoned for not more than 5 years or fined in the 
     amount set forth in this title, or both, or if the offense is 
     a second or subsequent offense, shall be imprisoned for not 
     more than 10 years or fined in the amount set forth in this 
     title, or both.
       ``(b) Forfeiture and Destruction.--When a person is 
     convicted of a violation of subsection (a), the court shall 
     order the forfeiture and destruction of any copies or 
     phonorecords created in violation thereof, as well as any 
     plates, molds, matrices, masters, tapes, and film negatives 
     by means of which such copies or phonorecords may be made. 
     The court may also, in its discretion, order the forfeiture 
     and destruction of any other equipment by means of which such 
     copies or phonorecords may be reproduced, taking into account 
     the nature, scope, and proportionality of the use of the 
     equipment in the offense.
       ``(c) Seizure and Forfeiture.--If copies or phonorecords of 
     sounds or sounds and images of a live musical performance are 
     fixed outside of the United States without the consent of the 
     performer or performers involved, such copies or phonorecords 
     are subject to seizure and forfeiture in the United States in 
     the same manner as property imported in violation of the 
     customs laws. The Secretary of the Treasury shall, not later 
     than 60 days after the date of the enactment of the Uruguay 
     Round Agreements Act, issue regulations to carry out this 
     subsection, including regulations by which any performer may, 
     upon payment of a specified fee, be entitled to notification 
     by the United States Customs Service of the importation of 
     copies or phonorecords that appear to consist of unauthorized 
     fixations of the sounds or sounds and images of a live 
     musical performance.
       ``(d) Definitions.--As used in this section--
       ``(1) the terms `copy', `fixed', `musical work', 
     `phonorecord', `reproduce', `sound recordings', and 
     `transmit' mean those terms within the meaning of title 17; 
     and
       ``(2) the term `traffic in' means transport, transfer, or 
     otherwise dispose of, to another, as consideration for 
     anything of value, or make or obtain control of with intent 
     to transport, transfer, or dispose of.
       ``(e) Applicability.--This section shall apply to any Act 
     or Acts that occur on or after the date of the enactment of 
     the Uruguay Round Agreements Act.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 113 of title 18, United States Code, is amended by 
     inserting after the item relating to section 2319 the 
     following:

``2319A. Unauthorized fixation of and trafficking in sound recordings 
              and music videos of live musical performances.''.

     SEC. 514. RESTORED WORKS.

       (a) In General.--Section 104A of title 17, United States 
     Code, is amended to read as follows:

     ``Sec. 104A. Copyright in restored works

       ``(a) Automatic Protection and Term.--
       ``(1) Term.--
       ``(A) Copyright subsists, in accordance with this section, 
     in restored works, and vests automatically on the date of 
     restoration.
       ``(B) Any work in which copyright is restored under this 
     section shall subsist for the remainder of the term of 
     copyright that the work would have otherwise been granted in 
     the United States if the work never entered the public domain 
     in the United States.
       ``(2) Exception.--Any work in which the copyright was ever 
     owned or administered by the Alien Property Custodian and in 
     which the restored copyright would be owned by a government 
     or instrumentality thereof, is not a restored work.
       ``(b) Ownership of Restored Copyright.--A restored work 
     vests initially in the author or initial rightholder of the 
     work as determined by the law of the source country of the 
     work.
       ``(c) Filing of Notice of Intent to Enforce Restored 
     Copyright Against Reliance Parties.--On or after the date of 
     restoration, any person who owns a copyright in a restored 
     work or an exclusive right therein may file with the 
     Copyright Office a notice of intent to enforce that person's 
     copyright or exclusive right or may serve such a notice 
     directly on a reliance party. Acceptance of a notice by the 
     Copyright Office is effective as to any reliance parties but 
     shall not create a presumption of the validity of any of the 
     facts stated therein. Service on a reliance party is 
     effective as to that reliance party and any other reliance 
     parties with actual knowledge of such service and of the 
     contents of that notice.
       ``(d) Remedies for Infringement of Restored Copyrights.--
       ``(1) Enforcement of copyright in restored works in the 
     absence of a reliance party.--As against any party who is not 
     a reliance party, the remedies provided in chapter 5 of this 
     title shall be available on or after the date of restoration 
     of a restored copyright with respect to an act of 
     infringement of the restored copyright that is commenced on 
     or after the date of restoration.
       ``(2) Enforcement of copyright in restored works as against 
     reliance parties.--As against a reliance party, except to the 
     extent provided in paragraphs (3) and (4), the remedies 
     provided in chapter 5 of this title shall be available, with 
     respect to an act of infringement of a restored copyright, on 
     or after the date of restoration of the restored copyright if 
     the requirements of either of the following subparagraphs are 
     met:
       ``(A)(i) The owner of the restored copyright (or such 
     owner's agent) or the owner of an exclusive right therein (or 
     such owner's agent) files with the Copyright Office, during 
     the 24-month period beginning on the date of restoration, a 
     notice of intent to enforce the restored copyright; and
       ``(ii)(I) the act of infringement commenced after the end 
     of the 12-month period beginning on the date of publication 
     of the notice in the Federal Register;
       ``(II) the act of infringement commenced before the end of 
     the 12-month period described in subclause (I) and continued 
     after the end of that 12-month period, in which case remedies 
     shall be available only for infringement occurring after the 
     end of that 12-month period; or
       ``(III) copies or phonorecords of a work in which copyright 
     has been restored under this section are made after 
     publication of the notice of intent in the Federal Register.
       ``(B)(i) The owner of the restored copyright (or such 
     owner's agent) or the owner of an exclusive right therein (or 
     such owner's agent) serves upon a reliance party a notice of 
     intent to enforce a restored copyright; and
       ``(ii)(I) the act of infringement commenced after the end 
     of the 12-month period beginning on the date the notice of 
     intent is received;
       ``(II) the act of infringement commenced before the end of 
     the 12-month period described in subclause (I) and continued 
     after the end of that 12-month period, in which case remedies 
     shall be available only for the infringement occurring after 
     the end of that 12-month period; or
       ``(III) copies or phonorecords of a work in which copyright 
     has been restored under this section are made after receipt 
     of the notice of intent.

     In the event that notice is provided under both subparagraphs 
     (A) and (B), the 12-month period referred to in such 
     subparagraphs shall run from the earlier of publication or 
     service of notice.
       ``(3) Existing derivative works.--(A) In the case of a 
     derivative work that is based upon a restored work and is 
     created--
       ``(i) before the date of the enactment of the Uruguay Round 
     Agreements Act, if the source country of the derivative work 
     is an eligible country on such date, or
       ``(ii) before the date of adherence or proclamation, if the 
     source country of the derivative work is not an eligible 
     country on such date of enactment,

     a reliance party may continue to exploit that work for the 
     duration of the restored copyright if the reliance party pays 
     to the owner of the restored copyright reasonable 
     compensation for conduct which would be subject to a remedy 
     for infringement but for the provisions of this paragraph.
       ``(B) In the absence of an agreement between the parties, 
     the amount of such compensation shall be determined by an 
     action in United States district court, and shall reflect any 
     harm to the actual or potential market for or value of the 
     restored work from the reliance party's continued 
     exploitation of the work, as well as compensation for the 
     relative contributions of expression of the author of the 
     restored work and the reliance party to the derivative work.
       ``(4) Commencement of infringement for reliance parties.--
     For purposes of section 412, in the case of reliance parties, 
     infringement shall be deemed to have commenced before 
     registration when acts which would have constituted 
     infringement had the restored work been subject to copyright 
     were commenced before the date of restoration.
       ``(e) Notices of Intent To Enforce a Restored Copyright.--
       ``(1) Notices of intent filed with the copyright office.--
     (A)(i) A notice of intent filed with the Copyright Office to 
     enforce a restored copyright shall be signed by the owner of 
     the restored copyright or the owner of an exclusive right 
     therein, who files the notice under subsection (d)(2)(A)(i) 
     (hereafter in this paragraph referred to as the `owner'), or 
     by the owner's agent, shall identify the title of the 
     restored work, and shall include an English translation of 
     the title and any other alternative titles known to the owner 
     by which the restored work may be identified, and an address 
     and telephone number at which the owner may be contacted. If 
     the notice is signed by an agent, the agency relationship 
     must have been constituted in a writing signed by the owner 
     before the filing of the notice. The Copyright Office may 
     specifically require in regulations other information to be 
     included in the notice, but failure to provide such other 
     information shall not invalidate the notice or be a basis for 
     refusal to list the restored work in the Federal Register.
       ``(ii) If a work in which copyright is restored has no 
     formal title, it shall be described in the notice of intent 
     in detail sufficient to identify it.
       ``(iii) Minor errors or omissions may be corrected by 
     further notice at any time after the notice of intent is 
     filed. Notices of corrections for such minor errors or 
     omissions shall be accepted after the period established in 
     subsection (d)(2)(A)(i). Notices shall be published in the 
     Federal Register pursuant to subparagraph (B).
       ``(B)(i) The Register of Copyrights shall publish in the 
     Federal Register, commencing not later than 4 months after 
     the date of restoration for a particular nation and every 4 
     months thereafter for a period of 2 years, lists identifying 
     restored works and the ownership thereof if a notice of 
     intent to enforce a restored copyright has been filed.
       ``(ii) Not less than 1 list containing all notices of 
     intent to enforce shall be maintained in the Public 
     Information Office of the Copyright Office and shall be 
     available for public inspection and copying during regular 
     business hours pursuant to sections 705 and 708. Such list 
     shall also be published in the Federal Register on an annual 
     basis for the first 2 years after the applicable date of 
     restoration.
       ``(C) The Register of Copyrights is authorized to fix 
     reasonable fees based on the costs of receipt, processing, 
     recording, and publication of notices of intent to enforce a 
     restored copyright and corrections thereto.
       ``(D)(i) Not later than 90 days before the date the 
     Agreement on Trade-Related Aspects of Intellectual Property 
     referred to in section 101(d)(15) of the Uruguay Round 
     Agreements Act enters into force with respect to the United 
     States, the Copyright Office shall issue and publish in the 
     Federal Register regulations governing the filing under this 
     subsection of notices of intent to enforce a restored 
     copyright.
       ``(ii) Such regulations shall permit owners of restored 
     copyrights to file simultaneously for registration of the 
     restored copyright.
       ``(2) Notices of intent served on a reliance party.--(A) 
     Notices of intent to enforce a restored copyright may be 
     served on a reliance party at any time after the date of 
     restoration of the restored copyright.
       ``(B) Notices of intent to enforce a restored copyright 
     served on a reliance party shall be signed by the owner or 
     the owner's agent, shall identify the restored work and the 
     work in which the restored work is used, if any, in detail 
     sufficient to identify them, and shall include an English 
     translation of the title, any other alternative titles known 
     to the owner by which the work may be identified, the use or 
     uses to which the owner objects, and an address and telephone 
     number at which the reliance party may contact the owner. If 
     the notice is signed by an agent, the agency relationship 
     must have been constituted in writing and signed by the owner 
     before service of the notice.
       ``(3) Effect of material false statements.--Any material 
     false statement knowingly made with respect to any restored 
     copyright identified in any notice of intent shall make void 
     all claims and assertions made with respect to such restored 
     copyright.
       ``(f) Immunity From Warranty and Related Liability.--
       ``(1) In general.--Any person who warrants, promises, or 
     guarantees that a work does not violate an exclusive right 
     granted in section 106 shall not be liable for legal, 
     equitable, arbitral, or administrative relief if the 
     warranty, promise, or guarantee is breached by virtue of the 
     restoration of copyright under this section, if such 
     warranty, promise, or guarantee is made before January 1, 
     1995.
       ``(2) Performances.--No person shall be required to perform 
     any act if such performance is made infringing by virtue of 
     the restoration of copyright under the provisions of this 
     section, if the obligation to perform was undertaken before 
     January 1, 1995.
       ``(g) Proclamation of Copyright Restoration.--Whenever the 
     President finds that a particular foreign nation extends, to 
     works by authors who are nationals or domiciliaries of the 
     United States, restored copyright protection on substantially 
     the same basis as provided under this section, the President 
     may by proclamation extend restored protection provided under 
     this section to any work--
       ``(1) of which one or more of the authors is, on the date 
     of first publication, a national, domiciliary, or sovereign 
     authority of that nation; or
       ``(2) which was first published in that nation.

     The President may revise, suspend, or revoke any such 
     proclamation or impose any conditions or limitations on 
     protection under such a proclamation.
       ``(h) Definitions.--For purposes of this section and 
     section 109(a):
       ``(1) The term `date of adherence or proclamation' means 
     the earlier of the date on which a foreign nation which, as 
     of the date the WTO Agreement enters into force with respect 
     to the United States, is not a nation adhering to the Berne 
     Convention or a WTO member country, becomes--
       ``(A) a nation adhering to the Berne Convention or a WTO 
     member country; or
       ``(B) subject to a Presidential proclamation under 
     subsection (g).
       ``(2) The `date of restoration' of a restored copyright is 
     the later of--
       ``(A) the date on which the Agreement on Trade-Related 
     Aspects of Intellectual Property referred to in section 
     101(d)(15) of the Uruguay Round Agreements Act enters into 
     force with respect to the United States, if the source 
     country of the restored work is a nation adhering to the 
     Berne Convention or a WTO member country on such date; or
       ``(B) the date of adherence or proclamation, in the case of 
     any other source country of the restored work.
       ``(3) The term `eligible country' means a nation, other 
     than the United States, that is a WTO member country, adheres 
     to the Berne Convention, or is subject to a proclamation 
     under section 104A(g).
       ``(4) The term `reliance party' means any person who--
       ``(A) with respect to a particular work, engages in acts, 
     before the source country of that work becomes an eligible 
     country, which would have violated section 106 if the 
     restored work had been subject to copyright protection, and 
     who, after the source country becomes an eligible country, 
     continues to engage in such acts;
       ``(B) before the source country of a particular work 
     becomes an eligible country, makes or acquires 1 or more 
     copies or phonorecords of that work; or
       ``(C) as the result of the sale or other disposition of a 
     derivative work covered under subsection (d)(3), or 
     significant assets of a person described in subparagraph (A) 
     or (B), is a successor, assignee, or licensee of that person.
       ``(5) The term `restored copyright' means copyright in a 
     restored work under this section.
       ``(6) The term `restored work' means an original work of 
     authorship that--
       ``(A) is protected under subsection (a);
       ``(B) is not in the public domain in its source country 
     through expiration of term of protection;
       ``(C) is in the public domain in the United States due to--
       ``(i) noncompliance with formalities imposed at any time by 
     United States copyright law, including failure of renewal, 
     lack of proper notice, or failure to comply with any 
     manufacturing requirements;
       ``(ii) lack of subject matter protection in the case of 
     sound recordings fixed before February 15, 1972; or
       ``(iii) lack of national eligibility; and
       ``(D) has at least one author or rightholder who was, at 
     the time the work was created, a national or domiciliary of 
     an eligible country, and if published, was first published in 
     an eligible country and not published in the United States 
     during the 30-day period following publication in such 
     eligible country.
       ``(7) The term `rightholder' means the person--
       ``(A) who, with respect to a sound recording, first fixes a 
     sound recording with authorization, or
       ``(B) who has acquired rights from the person described in 
     subparagraph (A) by means of any conveyance or by operation 
     of law.
       ``(8) The `source country' of a restored work is--
       ``(A) a nation other than the United States;
       ``(B) in the case of an unpublished work--
       ``(i) the eligible country in which the author or 
     rightholder is a national or domiciliary, or, if a restored 
     work has more than 1 author or rightholder, the majority of 
     foreign authors or rightholders are nationals or 
     domiciliaries of eligible countries; or
       ``(ii) if the majority of authors or rightholders are not 
     foreign, the nation other than the United States which has 
     the most significant contacts with the work; and
       ``(C) in the case of a published work--
       ``(i) the eligible country in which the work is first 
     published, or
       ``(ii) if the restored work is published on the same day in 
     2 or more eligible countries, the eligible country which has 
     the most significant contacts with the work.
       ``(9) The terms `WTO Agreement' and `WTO member country' 
     have the meanings given those terms in paragraphs (9) and 
     (10), respectively, of section 2 of the Uruguay Round 
     Agreements Act.''.
       (b) Limitation.--Section 109(a) of title 17, United States 
     Code, is amended by adding at the end the following: 
     ``Notwithstanding the preceding sentence, copies or 
     phonorecords of works subject to restored copyright under 
     section 104A that are manufactured before the date of 
     restoration of copyright or, with respect to reliance 
     parties, before publication or service of notice under 
     section 104A(e), may be sold or otherwise disposed of without 
     the authorization of the owner of the restored copyright for 
     purposes of direct or indirect commercial advantage only 
     during the 12-month period beginning on--
       ``(1) the date of the publication in the Federal Register 
     of the notice of intent filed with the Copyright Office under 
     section 104A(d)(2)(A), or
       ``(2) the date of the receipt of actual notice served under 
     section 104A(d)(2)(B),
     whichever occurs first.''.
       (c) Conforming Amendment.--The item relating to section 
     104A in the table of sections for chapter 1 of title 17, 
     United States Code, is amended to read as follows:

``104A. Copyright in restored works.''.
                    Subtitle B--Trademark Provisions

     SEC. 521. DEFINITION OF ``ABANDONED''.

       Section 45 of the Act entitled ``An Act to provide for the 
     registration and protection of trade-marks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes'', approved July 5, 1946 
     (15 U.S.C. 1127) (hereafter in this title referred to as the 
     ``Trademark Act of 1946''), is amended by amending the 
     paragraph defining ``abandoned'' to read as follows:
       ``A mark shall be deemed to be `abandoned' if either of the 
     following occurs:
       ``(1) When its use has been discontinued with intent not to 
     resume such use. Intent not to resume may be inferred from 
     circumstances. Nonuse for 3 consecutive years shall be prima 
     facie evidence of abandonment. `Use' of a mark means the bona 
     fide use of such mark made in the ordinary course of trade, 
     and not made merely to reserve a right in a mark.
       ``(2) When any course of conduct of the owner, including 
     acts of omission as well as commission, causes the mark to 
     become the generic name for the goods or services on or in 
     connection with which it is used or otherwise to lose its 
     significance as a mark. Purchaser motivation shall not be a 
     test for determining abandonment under this paragraph.''.

     SEC. 522. NONREGISTRABILITY OF MISLEADING GEOGRAPHIC 
                   INDICATIONS FOR WINES AND SPIRITS.

       Subsection (a) of section 2 of the Trademark Act of 1946 
     (15 U.S.C. 1052(a)) is amended to read as follows:
       ``(a) Consists of or comprises immoral, deceptive, or 
     scandalous matter; or matter which may disparage or falsely 
     suggest a connection with persons, living or dead, 
     institutions, beliefs, or national symbols, or bring them 
     into contempt, or disrepute; or a geographical indication 
     which, when used on or in connection with wines or spirits, 
     identifies a place other than the origin of the goods and is 
     first used on or in connection with wines or spirits by the 
     applicant on or after one year after the date on which the 
     WTO Agreement (as defined in section 2(9) of the Uruguay 
     Round Agreements Act) enters into force with respect to the 
     United States.''.

     SEC. 523. EFFECTIVE DATE.

       The amendments made by this subtitle take effect one year 
     after the date on which the WTO Agreement enters into force 
     with respect to the United States.
                     Subtitle C--Patent Provisions

     SEC.  531. TREATMENT OF INVENTIVE ACTIVITY.

       (a) In General.--Section 104 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 104. Invention made abroad

       ``(a) In General.--
       ``(1) Proceedings.--In proceedings in the Patent and 
     Trademark Office, in the courts, and before any other 
     competent authority, an applicant for a patent, or a 
     patentee, may not establish a date of invention by reference 
     to knowledge or use thereof, or other activity with respect 
     thereto, in a foreign country other than a NAFTA country or a 
     WTO member country, except as provided in sections 119 and 
     365 of this title.
       ``(2) Rights.--If an invention was made by a person, civil 
     or military--
       ``(A) while domiciled in the United States, and serving in 
     any other country in connection with operations by or on 
     behalf of the United States,
       ``(B) while domiciled in a NAFTA country and serving in 
     another country in connection with operations by or on behalf 
     of that NAFTA country, or
       ``(C) while domiciled in a WTO member country and serving 
     in another country in connection with operations by or on 
     behalf of that WTO member country,

     that person shall be entitled to the same rights of priority 
     in the United States with respect to such invention as if 
     such invention had been made in the United States, that NAFTA 
     country, or that WTO member country, as the case may be.
       ``(3) Use of information.--To the extent that any 
     information in a NAFTA country or a WTO member country 
     concerning knowledge, use, or other activity relevant to 
     proving or disproving a date of invention has not been made 
     available for use in a proceeding in the Patent and Trademark 
     Office, a court, or any other competent authority to the same 
     extent as such information could be made available in the 
     United States, the Commissioner, court, or such other 
     authority shall draw appropriate inferences, or take other 
     action permitted by statute, rule, or regulation, in favor of 
     the party that requested the information in the proceeding.
       ``(b) Definitions.--As used in this section--
       ``(1) the term `NAFTA country' has the meaning given that 
     term in section 2(4) of the North American Free Trade 
     Agreement Implementation Act; and
       ``(2) the term `WTO member country' has the meaning given 
     that term in section 2(10) of the Uruguay Round Agreements 
     Act.''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by this section shall apply to all patent 
     applications that are filed on or after the date that is 12 
     months after the date of entry into force of the WTO 
     Agreement with respect to the United States.
       (2) Establishment of date.--An applicant for a patent, or a 
     patentee, may not establish a date of invention for purposes 
     of title 35, United States Code, that is earlier than 12 
     months after the date of entry into force of the WTO 
     Agreement with respect to the United States by reference to 
     knowledge or use, or other activity, in a WTO member country, 
     except as provided in sections 119 and 365 of such title.

     SEC. 532. PATENT TERM AND INTERNAL PRIORITY.

       (a) Patent Rights.--
       (1) Contents and term of patent.--Section 154 of title 35, 
     United States Code, is amended to read as follows:

     ``Sec. 154. Contents and term of patent

       ``(a) In General.--
       ``(1) Contents.--Every patent shall contain a short title 
     of the invention and a grant to the patentee, his heirs or 
     assigns, of the right to exclude others from making, using, 
     offering for sale, or selling the invention throughout the 
     United States or importing the invention into the United 
     States, and, if the invention is a process, of the right to 
     exclude others from using, offering for sale or selling 
     throughout the United States, or importing into the United 
     States, products made by that process, referring to the 
     specification for the particulars thereof.
       ``(2) Term.--Subject to the payment of fees under this 
     title, such grant shall be for a term beginning on the date 
     on which the patent issues and ending 20 years from the date 
     on which the application for the patent was filed in the 
     United States or, if the application contains a specific 
     reference to an earlier filed application or applications 
     under section 120, 121, or 365(c) of this title, from the 
     date on which the earliest such application was filed.
       ``(3) Priority.--Priority under section 119, 365(a), or 
     365(b) of this title shall not be taken into account in 
     determining the term of a patent.
       ``(4) Specification and drawing.--A copy of the 
     specification and drawing shall be annexed to the patent and 
     be a part of such patent.
       ``(b) Term Extension.--
       ``(1) Interference delay or secrecy orders.--If the issue 
     of an original patent is delayed due to a proceeding under 
     section 135(a) of this title, or because the application for 
     patent is placed under an order pursuant to section 181 of 
     this title, the term of the patent shall be extended for the 
     period of delay, but in no case more than 5 years.
       ``(2) Extension for appellate review.--If the issue of a 
     patent is delayed due to appellate review by the Board of 
     Patent Appeals and Interferences or by a Federal court and 
     the patent is issued pursuant to a decision in the review 
     reversing an adverse determination of patentability, the term 
     of the patent shall be extended for a period of time but in 
     no case more than 5 years. A patent shall not be eligible for 
     extension under this paragraph if it is subject to a terminal 
     disclaimer due to the issue of another patent claiming 
     subject matter that is not patentably distinct from that 
     under appellate review.
       ``(3) Limitations.--The period of extension referred to in 
     paragraph (2)--
       ``(A) shall include any period beginning on the date on 
     which an appeal is filed under section 134 or 141 of this 
     title, or on which an action is commenced under section 145 
     of this title, and ending on the date of a final decision in 
     favor of the applicant;
       ``(B) shall be reduced by any time attributable to 
     appellate review before the expiration of 3 years from the 
     filing date of the application for patent; and
       ``(C) shall be reduced for the period of time during which 
     the applicant for patent did not act with due diligence, as 
     determined by the Commissioner.
       ``(4) Length of extension.--The total duration of all 
     extensions of a patent under this subsection shall not exceed 
     5 years.
       ``(c) Continuation.--
       ``(1) Determination.--The term of a patent that is in force 
     on or that results from an application filed before the date 
     that is 6 months after the date of the enactment of the 
     Uruguay Round Agreements Act shall be the greater of the 20-
     year term as provided in subsection (a), or 17 years from 
     grant, subject to any terminal disclaimers.
       ``(2) Remedies.--The remedies of sections 283, 284, and 285 
     of this title shall not apply to Acts which--
       ``(A) were commenced or for which substantial investment 
     was made before the date that is 6 months after the date of 
     the enactment of the Uruguay Round Agreements Act; and
       ``(B) became infringing by reason of paragraph (1).
       ``(3) Remuneration.--The acts referred to in paragraph (2) 
     may be continued only upon the payment of an equitable 
     remuneration to the patentee that is determined in an action 
     brought under chapter 28 and chapter 29 (other than those 
     provisions excluded by paragraph (2)) of this title.''.
       (2) Provision of further limited reexamination and 
     conditions of restriction requirements.--(A) The Commissioner 
     of Patents and Trademarks shall prescribe regulations to 
     provide for further limited reexamination of applications 
     that have been pending for 2 years or longer as of the 
     effective date of section 154(a)(2) of title 35, United 
     States Code, as added by paragraph (1) of this subsection, 
     taking into account any reference made in such application to 
     any earlier filed application under section 120, 121, or 
     365(c) of such title. The Commissioner may establish 
     appropriate fees for such further limited reexamination.
       (B) The Commissioner of Patents and Trademarks shall 
     prescribe regulations to provide for the examination of more 
     than 1 independent and distinct invention in an application 
     that has been pending for 3 years or longer as of the 
     effective date of section 154(a)(2) of title 35, United 
     States Code, as added by paragraph (1) of this subsection, 
     taking into account any reference made in such application to 
     any earlier filed application under section 120, 121, or 
     365(c) of such title. The Commissioner may establish 
     appropriate fees for such examination.
       (b) Establishment of a Domestic Priority System.--
       (1) In general.--Section 119 of title 35, United States 
     Code, is amended--
       (A) by amending the section caption to read as follows:

     ``Sec. 119. Benefit of earlier filing date; right of 
       priority'';

       (B) by designating the undesignated paragraphs as 
     subsections (a), (b), (c), and (d), respectively; and
       (C) by adding at the end the following:
       ``(e)(1) An application for patent filed under section 
     111(a) or section 363 of this title for an invention 
     disclosed in the manner provided by the first paragraph of 
     section 112 of this title in a provisional application filed 
     under section 111(b) of this title, by an inventor or 
     inventors named in the provisional application, shall have 
     the same effect, as to such invention, as though filed on the 
     date of the provisional application filed under section 
     111(b) of this title, if the application for patent filed 
     under section 111(a) or section 363 of this title is filed 
     not later than 12 months after the date on which the 
     provisional application was filed and if it contains or is 
     amended to contain a specific reference to the provisional 
     application.
       ``(2) A provisional application filed under section 111(b) 
     of this title may not be relied upon in any proceeding in the 
     Patent and Trademark Office unless the fee set forth in 
     subparagraph (A) or (C) of section 41(a)(1) of this title has 
     been paid and the provisional application was pending on the 
     filing date of the application for patent under section 
     111(a) or section 363 of this title.''.
       (2) Fees.--Section 41(a)(1) of title 35, United States 
     Code, is amended by adding at the end the following:
       ``(C) On filing each provisional application for an 
     original patent, $150.''.
       (3) Applications.--Section 111 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 111. Application

       ``(a) In General.--
       ``(1) Written application.--An application for patent shall 
     be made, or authorized to be made, by the inventor, except as 
     otherwise provided in this title, in writing to the 
     Commissioner.
       ``(2) Contents.--Such application shall include--
       ``(A) a specification as prescribed by section 112 of this 
     title;
       ``(B) a drawing as prescribed by section 113 of this title; 
     and
       ``(C) an oath by the applicant as prescribed by section 115 
     of this title.
       ``(3) Fee and oath.--The application must be accompanied by 
     the fee required by law. The fee and oath may be submitted 
     after the specification and any required drawing are 
     submitted, within such period and under such conditions, 
     including the payment of a surcharge, as may be prescribed by 
     the Commissioner.
       ``(4) Failure to submit.--Upon failure to submit the fee 
     and oath within such prescribed period, the application shall 
     be regarded as abandoned, unless it is shown to the 
     satisfaction of the Commissioner that the delay in submitting 
     the fee and oath was unavoidable or unintentional. The filing 
     date of an application shall be the date on which the 
     specification and any required drawing are received in the 
     Patent and Trademark Office.
       ``(b) Provisional Application.--
       ``(1) Authorization.--A provisional application for patent 
     shall be made or authorized to be made by the inventor, 
     except as otherwise provided in this title, in writing to the 
     Commissioner. Such application shall include--
       ``(A) a specification as prescribed by the first paragraph 
     of section 112 of this title; and
       ``(B) a drawing as prescribed by section 113 of this title.
       ``(2) Claim.--A claim, as required by the second through 
     fifth paragraphs of section 112, shall not be required in a 
     provisional application.
       ``(3) Fee.--(A) The application must be accompanied by the 
     fee required by law.
       ``(B) The fee may be submitted after the specification and 
     any required drawing are submitted, within such period and 
     under such conditions, including the payment of a surcharge, 
     as may be prescribed by the Commissioner.
       ``(C) Upon failure to submit the fee within such prescribed 
     period, the application shall be regarded as abandoned, 
     unless it is shown to the satisfaction of the Commissioner 
     that the delay in submitting the fee was unavoidable or 
     unintentional.
       ``(4) Filing date.--The filing date of a provisional 
     application shall be the date on which the specification and 
     any required drawing are received in the Patent and Trademark 
     Office.
       ``(5) Abandonment.--The provisional application shall be 
     regarded as abandoned 12 months after the filing date of such 
     application and shall not be subject to revival thereafter.
       ``(6) Other basis for provisional application.--Subject to 
     all the conditions in this subsection and section 119(e) of 
     this title, and as prescribed by the Commissioner, an 
     application for patent filed under subsection (a) may be 
     treated as a provisional application for patent.
       ``(7) No right of priority or benefit of earliest filing 
     date.--A provisional application shall not be entitled to the 
     right of priority of any other application under section 119 
     or 365(a) of this title or to the benefit of an earlier 
     filing date in the United States under section 120, 121, or 
     365(c) of this title.
       ``(8) Applicable provisions.--The provisions of this title 
     relating to applications for patent shall apply to 
     provisional applications for patent, except as otherwise 
     provided, and except that provisional applications for patent 
     shall not be subject to sections 115, 131, 135, and 157 of 
     this title.''.
       (c) Conforming Changes.--
       (1) Section 156(a)(2) of title 35, United States Code, is 
     amended by inserting ``under subsection (e)(1) of this 
     section'' after ``extended''.
       (2) Section 172 of title 35, United States Code, is 
     amended--
       (A) by striking ``section 119'' and inserting ``subsections 
     (a) through (d) of section 119''; and
       (B) by inserting at the end the following new sentence:

     ``The right of priority provided for by section 119(e) of 
     this title shall not apply to designs.''.
       (3) Section 173 of title 35, United States Code, is amended 
     by inserting ``from the date of grant'' after ``years''.
       (4) Section 365 of title 35, United States Code, is 
     amended--
       (A) in subsection (a), by striking ``section 119'' and 
     inserting ``subsections (a) through (d) of section 119''; and
       (B) in subsection (b), by striking ``the first paragraph of 
     section 119'' and inserting ``section 119(a)''.
       (5) Section 373 of title 35, United States Code, is amended 
     by striking ``section 119'' and inserting ``subsections (a) 
     through (d) of section 119''.
       (6) The table of sections for chapter 11 of title 35, 
     United States Code, is amended--
       (A) by striking the item relating to section 111 and 
     inserting the following:

``111. Application.'';
     and
       (B) by striking the item relating to section 119 and 
     inserting the following:

``119. Benefit of earlier filing date; right of priority.''.

     SEC.  533. PATENT RIGHTS.

       (a) Definition of Infringement.--Section 271 of title 35, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``, offers to sell,'' after ``uses''; and
       (B) by inserting ``or imports into the United States any 
     patented invention'' after ``the United States'';
       (2) in subsection (c), by striking ``sells'' and inserting 
     ``offers to sell or sells within the United States or imports 
     into the United States'';
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``or sell'' and inserting 
     ``offer to sell, or sell within the United States or import 
     into the United States'';
       (B) in paragraph (3), by striking ``or selling'' and 
     inserting ``offering to sell, or selling within the United 
     States or importing into the United States'';
       (C) in paragraph (4)(B), by striking ``or sale'' and 
     inserting ``offer to sell, or sale within the United States 
     or importation into the United States''; and
       (D) in paragraph (4)(C), by striking ``or sale'' and 
     inserting ``offer to sell, or sale within the United States 
     or importation into the United States'';
       (4) in subsection (g)--
       (A) by striking ``sells'' and inserting ``offers to sell, 
     sells,'';
       (B) by striking ``importation, sale,'' and inserting 
     ``importation, offer to sell, sale,''; and
       (C) by striking ``other use or'' and inserting ``other use, 
     offer to sell, or''; and
       (5) by adding at the end the following:
       ``(i) As used in this section, an `offer for sale' or an 
     `offer to sell' by a person other than the patentee, or any 
     designee of the patentee, is that in which the sale will 
     occur before the expiration of the term of the patent.''.
       (b) Conforming Amendments.--
       (1) Paragraph (2) of section 41(c) of title 35, United 
     States Code, is amended to read as follows:
       ``(2) A patent, the term of which has been maintained as a 
     result of the acceptance of a payment of a maintenance fee 
     under this subsection, shall not abridge or affect the right 
     of any person or that person's successors in business who 
     made, purchased, offered to sell, or used anything protected 
     by the patent within the United States, or imported anything 
     protected by the patent into the United States after the 6-
     month grace period but prior to the acceptance of a 
     maintenance fee under this subsection, to continue the use 
     of, to offer for sale, or to sell to others to be used, 
     offered for sale, or sold, the specific thing so made, 
     purchased, offered for sale, used, or imported. The court 
     before which such matter is in question may provide for the 
     continued manufacture, use, offer for sale, or sale of the 
     thing made, purchased, offered for sale, or used within the 
     United States, or imported into the United States, as 
     specified, or for the manufacture, use, offer for sale, or 
     sale in the United States of which substantial preparation 
     was made after the 6-month grace period but before the 
     acceptance of a maintenance fee under this subsection, and 
     the court may also provide for the continued practice of any 
     process that is practiced, or for the practice of which 
     substantial preparation was made, after the 6-month grace 
     period but before the acceptance of a maintenance fee under 
     this subsection, to the extent and under such terms as the 
     court deems equitable for the protection of investments made 
     or business commenced after the 6-month grace period but 
     before the acceptance of a maintenance fee under this 
     subsection.''.
       (2) The second undesignated paragraph of section 252 of 
     title 35, United States Code, is amended to read as follows:
       ``A reissued patent shall not abridge or affect the right 
     of any person or that person's successors in business who, 
     prior to the grant of a reissue, made, purchased, offered to 
     sell, or used within the United States, or imported into the 
     United States, anything patented by the reissued patent, to 
     continue the use of, to offer to sell, or to sell to others 
     to be used, offered for sale, or sold, the specific thing so 
     made, purchased, offered for sale, used, or imported unless 
     the making, using, offering for sale, or selling of such 
     thing infringes a valid claim of the reissued patent which 
     was in the original patent. The court before which such 
     matter is in question may provide for the continued 
     manufacture, use, offer for sale, or sale of the thing made, 
     purchased, offered for sale, used, or imported as specified, 
     or for the manufacture, use, offer for sale, or sale in the 
     United States of which substantial preparation was made 
     before the grant of the reissue, and the court may also 
     provide for the continued practice of any process patented by 
     the reissue that is practiced, or for the practice of which 
     substantial preparation was made, before the grant of the 
     reissue, to the extent and under such terms as the court 
     deems equitable for the protection of investments made or 
     business commenced before the grant of the reissue.''.
       (3) Section 262 of title 35, United States Code, is 
     amended--
       (A) by striking ``use or sell'' and inserting ``use, offer 
     to sell, or sell''; and
       (B) by inserting ``within the United States, or import the 
     patented invention into the United States,'' after 
     ``invention''.
       (4) Section 272 of title 35, United States Code, is amended 
     by striking ``not sold'' and inserting ``not offered for sale 
     or sold''.
       (5) Section 287 of title 35, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking ``making or selling'' and inserting 
     ``making, offering for sale, or selling within the United 
     States''; and
       (ii) by inserting ``or importing any patented article into 
     the United States,'' after ``under them,''; and
       (B) in subsection (b)--
       (i) in paragraph (1)(C), by striking ``use, or sale'' and 
     inserting ``use, offer for sale, or sale'';
       (ii) in paragraph (4)(A), by striking ``sold or'' and 
     inserting ``sold, offered for sale, or'' in the matter 
     preceding clause (i);
       (iii) in paragraph (4)(A)(ii), by striking ``use, or sale'' 
     and inserting ``use, offer for sale, or sale'';
       (iv) in paragraph (4)(C), by striking ``have been sold'' 
     and inserting ``have been offered for sale or sold''; and
       (v) in paragraph (4)(C), by striking ``United States 
     before'' and inserting ``United States, or imported by the 
     person into the United States, before''.
       (6) Section 292(a) of title 35, United States Code, is 
     amended--
       (A) by striking ``used, or sold by him'' and inserting 
     ``used, offered for sale, or sold by such person within the 
     United States, or imported by the person into the United 
     States''; and
       (B) by striking ``made or sold'' and inserting ``made, 
     offered for sale, sold, or imported into the United States''.
       (7) Section 295 of title 35, United States Code, is amended 
     by striking ``sale, or use'' and inserting ``sale, offer for 
     sale, or use''.
       (8) Section 307(b) of title 35, United States Code, is 
     amended by striking ``used anything'' and inserting ``used 
     within the United States, or imported into the United States, 
     anything''.

     SEC. 534. EFFECTIVE DATES AND APPLICATION.

       (a) In General.--Subject to subsection (b), the amendments 
     made by this subtitle take effect on the date that is one 
     year after the date on which the WTO Agreement enters into 
     force with respect to the United States.
       (b) Patent Applications.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by section 532 take effect on the date that is 6 months 
     after the date of the enactment of this Act and shall apply 
     to all patent applications filed in the United States on or 
     after the effective date.
       (2) Section 154(a)(1).--Section 154(a)(1) of title 35, 
     United States Code, as amended by section 532(a)(1) of this 
     Act, shall take effect on the effective date described in 
     subsection (a).
       (3) Earliest filing.--The term of a patent granted on a 
     application that is filed on or after the effective date 
     described in subsection (a) and that contains a specific 
     reference to an earlier application filed under the 
     provisions of section 120, 121, or 365(c) of title 35, United 
     States Code, shall be measured from the filing date of the 
     earliest filed application.
                      TITLE VI--RELATED PROVISIONS
                    Subtitle A--Expiring Provisions

     SEC. 601. GENERALIZED SYSTEM OF PREFERENCES.

       (a) Extension of Duty-Free Treatment Under System.--Section 
     505(a) of the Trade Act of 1974 (19 U.S.C. 2465(a)) is 
     amended by striking ``September 30, 1994'' and inserting 
     ``July 31, 1995''.
       (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--
       (A) of any article 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, 1994, and
       (B) that was made after September 30, 1994, and before such 
     date of enactment,

     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. As used in this subsection, the term 
     ``entry'' includes a withdrawal from warehouse for 
     consumption.
       (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.

     SEC. 602. U.S. INSULAR POSSESSIONS.

       (a) Extension of Verification and Certificate Issuance 
     Provisions.--Additional U.S. Note 5(h)(i) to chapter 91 of 
     the HTS is amended by striking ``and before January 1, 
     1995,'' and inserting ``and before January 1, 2007,''.
       (b) Extension of Certificate Number PIC-EV-89.--
     Notwithstanding any other provision of law, the production 
     incentive certificate, number PIC-EV-89, issued jointly by 
     the Secretary of Commerce and the Secretary of the Interior, 
     pursuant to paragraph (h)(i)(B) of Additional U.S. Note 5 to 
     chapter 91 of the HTS (formerly paragraph (h)(i)(II) of 
     headnote 6 of schedule 7, part 2, subpart E of the Tariff 
     Schedules of the United States), shall be deemed to have been 
     reissued on the date of the enactment of this Act in the 
     amount of the balance remaining on such certificate, and 
     shall expire on the date that is 1 year after such date of 
     enactment.
                 Subtitle B--Certain Customs Provisions

     SEC. 611. REIMBURSEMENTS FROM CUSTOMS USER FEE ACCOUNT.

       (a) In General.--Subclause (II) of section 
     13031(f)(3)(A)(i) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)(i)(II)) is 
     amended to read as follows:
       ``(II) paying premium pay under section 5(b) of the Act of 
     February 13, 1911, but the amount for which reimbursement may 
     be made under this subclause may not, for any fiscal year, 
     exceed the difference between the total cost of all the 
     premium pay for such year calculated under section 5(b) and 
     the cost of the night and holiday premium pay that the 
     Customs Service would have incurred for the same inspectional 
     work on the day before the effective date of section 13813 of 
     the Omnibus Budget Reconciliation Act of 1993,''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to customs inspectional services performed on or 
     after January 1, 1994.

     SEC. 612. MERCHANDISE PROCESSING FEES.

       (a) In General.--Section 13031 of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is 
     amended--
       (1) in subsection (a)(9)--
       (A) in subparagraph (A), by striking ``0.17'' and inserting 
     ``0.21'',
       (B) in subparagraph (B)(i), by striking ``(but not to a 
     rate of more than 0.19 percent nor less than 0.15 percent) 
     that would'' and inserting ``(but not to a rate of more than 
     0.21 percent nor less than 0.15 percent) and the amounts 
     specified in subsection (b)(8)(A)(i) (but not to more than 
     $485 nor less than $21) to rates and amounts which would'', 
     and
       (C) in subparagraph (B)(ii), by striking ``section 613A of 
     the Tariff Act of 1930'' and inserting ``subsection (f)''
       (2) in subsection (a)(10)--
       (A) in subparagraph (C), by striking ``entry or release.'' 
     and inserting ``entry or release,'',
       (B) in clause (ii), by striking ``$5'' and inserting 
     ``$6'', and
       (C) in clause (iii), by striking ``$8'' and inserting 
     ``$9'', and
       (3) in subsection (b)(8)(A)(i), by striking ``$400 or be 
     less than $21'', and inserting ``$485 or be less than $25, 
     unless adjusted pursuant to subsection (a)(9)(B)''.
       (b) Effective Date.--The amendments made by this section 
     apply to articles entered, or withdrawn from warehouse for 
     consumption, on or after January 1, 1995.
                   Subtitle C--Conforming Amendments

     SEC. 621. CONFORMING AMENDMENTS.

       (a) Trade Laws.--
       (1) Section 1317(a)(1) of the Omnibus Trade and 
     Competitiveness Act of 1988 (19 U.S.C. 1677k(a)(1)) is 
     amended--
       (A) by inserting ``(A)'' after ``(1)'';
       (B) by striking ``General Agreement on Tariffs and Trade'' 
     and inserting ``GATT 1994''; and
       (C) by adding at the end the following:
       ``(B) The term `GATT 1994' has the meaning given that term 
     in section 2(1)(B) of the Uruguay Round Agreements Act.''.
       (2) Section 212(c)(4) of the Caribbean Basin Economic 
     Recovery Act (19 U.S.C. 2702(c)(4)) is amended by striking 
     ``General'' and all that follows through ``1979'' and 
     inserting ``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)''.
       (3) Section 203(d)(4) of the Andean Trade Preference Act 
     (19 U.S.C. 3202(d)(4)) is amended by striking ``General'' and 
     all that follows through ``1979'' and inserting ``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)''.
       (4) Section 1106 of the Omnibus Trade and Competitiveness 
     Act of 1988 (19 U.S.C. 2905) is amended--
       (A) in subsection (a), by striking ``the GATT'' and 
     inserting ``the GATT 1947, or to the WTO Agreement,'';
       (B) in subsections (b) and (c), by inserting after ``the 
     GATT'' each place it appears ``1947 or the WTO Agreement'';
       (C) by adding at the end the following new subsection:
       ``(e) Definitions.--For purposes of this section--
       ``(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).''; and
       (D) by inserting after ``General Agreement on Tariffs and 
     Trade'' in the heading ``for the WTO''.
       (5) Section 1107(a)(3) of the Omnibus Trade and 
     Competitiveness Act of 1988 (19 U.S.C. 2906(3)) is amended by 
     striking ``the General Agreement on Tariffs and Trade'' and 
     inserting ``the GATT 1947 (as defined in section 2(1)(A) of 
     the Uruguay Round Agreements Act)''.
       (6) Section 1378(2) of the Omnibus Trade and 
     Competitiveness Act of 1988 (19 U.S.C. 3107(2)) is amended by 
     striking ``the General Agreement on Tariffs and Trade'' and 
     inserting ``the WTO Agreement and the multilateral trade 
     agreements (as such terms are defined in paragraphs (8) and 
     (4), respectively, of section 2 of the Uruguay Round 
     Agreements Act)''.
       (7) Section 1382 of the Omnibus Trade and Competitiveness 
     Act of 1988 (19 U.S.C. 3111) is amended by striking ``the 
     General Agreement on Tariffs and Trade'' and inserting ``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)''.
       (8) Section 141(c)(1) of the Trade Act of 1974 (19 U.S.C. 
     2171(c)(1)) is amended--
       (A) in subparagraph (C) by inserting ``all negotiations on 
     any matter considered under the auspices of the World Trade 
     Organization,'' after ``including''; and
       (B) in subparagraph (D) by inserting ``, including any 
     matter considered under the auspices of the World Trade 
     Organization,'' after ``functions''.
       (9) Section 301(a)(2)(A) of the Trade Act of 1974 (19 
     U.S.C. 2411(a)(2)(A)) is amended by striking ``the 
     Contracting Parties'' and all that follows through 
     ``Parties,'' and inserting ``the Dispute Settlement Body (as 
     defined in section 121(5) of the Uruguay Round Agreements 
     Act) has adopted a report,''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date on which the WTO Agreement 
     enters into force with respect to the United States.
                     TITLE VII--REVENUE PROVISIONS

     SEC. 700. AMENDMENT OF 1986 CODE AND TABLE OF CONTENTS.

       (a) Amendment of 1986 Code.--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 of the Internal 
     Revenue Code of 1986.
       (b) Table of Contents.--

                     TITLE VII--REVENUE PROVISIONS

Sec. 700. Amendment of 1986 Code and table of contents.

                 Subtitle A--Withholding Tax Provisions

Sec. 701. Withholding on distributions of Indian casino profits to 
              tribal members.
Sec. 702. Voluntary withholding on certain Federal payments and on 
              unemployment compensation.

  Subtitle B--Provisions Relating to Estimated Taxes and Payments and 
                           Deposits of Taxes

Sec. 711. Treatment of subpart F and section 936 income of taxpayers 
              using annualized method for estimated tax.
Sec. 712. Time for payments and deposits of certain taxes.
Sec. 713. Reduction in rate of interest paid on certain corporate 
              overpayments.

                  Subtitle C--Earned Income Tax Credit

Sec. 721. Extension of earned income tax credit to military personnel 
              stationed outside the United States.
Sec. 722. Certain nonresident aliens ineligible for earned income tax 
              credit.
Sec. 723. Income of prisoners disregarded in determining earned income 
              tax credit.

         Subtitle D--Provisions Relating To Retirement Benefits

Sec. 731. Treatment of excess pension assets used for retiree health 
              benefits.
Sec. 732. Rounding rules for cost-of-living adjustments.
Sec. 733. Increase in inclusion of social security benefits paid to 
              nonresidents.

                      Subtitle E--Other Provisions

Sec. 741. Partnership distributions of marketable securities.
Sec. 742. Taxpayer identification numbers required at birth.
Sec. 743. Extension of Internal Revenue Service user fees.
Sec. 744. Modification of substantial understatement penalty for 
              corporations participating in tax shelters.
Sec. 745. Modification of authority to set terms and conditions for 
              savings bonds.

             Subtitle F--Pension Plan Funding and Premiums

Sec. 750. Short title.

                      Part I--Pension Plan Funding


       SUBPART A--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 751. Minimum funding requirements.
Sec. 752. Limitation on changes in current liability assumptions.
Sec. 753. Anticipation of bargained benefit increases.
Sec. 754. Modification of quarterly contribution requirement.
Sec. 755. Exceptions to excise tax on nondeductible contributions.


SUBPART B--AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
                                  1974

Sec. 761. Minimum funding requirements.
Sec. 762. Limitation on changes in current liability assumptions.
Sec. 763. Anticipation of bargained benefit increases.
Sec. 764. Modification of quarterly contribution requirement.


                  SUBPART C--OTHER FUNDING PROVISIONS

Sec. 766. Prohibition on benefit increases where plan sponsor is in 
              bankruptcy.
Sec. 767. Single sum distributions.
Sec. 768. Adjustments to lien for missed minimum funding contributions.
Sec. 769. Special funding rules for certain plans.

  Part II--Amendments Related to Title IV of the Employee Retirement 
                      Income Security Act of 1974

Sec. 771. Reportable events.
Sec. 772. Certain information required to be furnished to PBGC.
Sec. 773. Enforcement of minimum funding requirements.
Sec. 774. Computation of additional PBGC premium.
Sec. 775. Disclosure to participants.
Sec. 776. Missing participants.
Sec. 777. Modification of maximum guarantee for disability benefits.
Sec. 778. Procedures to facilitate distribution of termination 
              benefits.

                       Part III--Effective Dates

Sec. 781. Effective dates.
                 Subtitle A--Withholding Tax Provisions

     SEC. 701. WITHHOLDING ON DISTRIBUTIONS OF INDIAN CASINO 
                   PROFITS TO TRIBAL MEMBERS.

       (a) In General.--Section 3402 (relating to income tax 
     collected at source) is amended by inserting after subsection 
     (q) the following new subsection:
       ``(r) Extension of Withholding to Certain Taxable Payments 
     of Indian Casino Profits.--
       ``(1) In general.--Every person, including an Indian tribe, 
     making a payment to a member of an Indian tribe from the net 
     revenues of any class II or class III gaming activity 
     conducted or licensed by such tribe shall deduct and withhold 
     from such payment a tax in an amount equal to such payment's 
     proportionate share of the annualized tax.
       ``(2) Exception.--The tax imposed by paragraph (1) shall 
     not apply to any payment to the extent that the payment, when 
     annualized, does not exceed an amount equal to the sum of--
       ``(A) the basic standard deduction (as defined in section 
     63(c)) for an individual to whom section 63(c)(2)(C) applies, 
     and
       ``(B) the exemption amount (as defined in section 151(d)).
       ``(3) Annualized tax.--For purposes of paragraph (1), the 
     term `annualized tax' means, with respect to any payment, the 
     amount of tax which would be imposed by section 1(c) 
     (determined without regard to any rate of tax in excess of 31 
     percent) on an amount of taxable income equal to the excess 
     of--
       ``(A) the annualized amount of such payment, over
       ``(B) the amount determined under paragraph (2).
       ``(4) Classes of gaming activities, etc.--For purposes of 
     this subsection, terms used in paragraph (1) which are 
     defined in section 4 of the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.), as in effect on the date of the 
     enactment of this subsection, shall have the respective 
     meanings given such terms by such section.
       ``(5) Annualization.--Payments shall be placed on an 
     annualized basis under regulations prescribed by the 
     Secretary.
       ``(6) Alternate withholding procedures.--At the election of 
     an Indian tribe, the tax imposed by this subsection on any 
     payment made by such tribe shall be determined in accordance 
     with such tables or computational procedures as may be 
     specified in regulations prescribed by the Secretary (in lieu 
     of in accordance with paragraphs (2) and (3)).
       ``(7) Coordination with other sections.--For purposes of 
     this chapter and so much of subtitle F as relates to this 
     chapter, payments to any person which are subject to 
     withholding under this subsection shall be treated as if they 
     were wages paid by an employer to an employee.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 1994.

     SEC. 702. VOLUNTARY WITHHOLDING ON CERTAIN FEDERAL PAYMENTS 
                   AND ON UNEMPLOYMENT COMPENSATION.

       (a) In General.--Subsection (p) of section 3402 (relating 
     to voluntary withholding agreements) is amended to read as 
     follows:
       ``(p) Voluntary Withholding Agreements.--
       ``(1) Certain federal payments.--
       ``(A) In general.--If, at the time a specified Federal 
     payment is made to any person, a request by such person is in 
     effect that such payment be subject to withholding under this 
     chapter, then for purposes of this chapter and so much of 
     subtitle F as relates to this chapter, such payment shall be 
     treated as if it were a payment of wages by an employer to an 
     employee.
       ``(B) Amount withheld.--The amount to be deducted and 
     withheld under this chapter from any payment to which any 
     request under subparagraph (A) applies shall be an amount 
     equal to the percentage of such payment specified in such 
     request. Such a request shall apply to any payment only if 
     the percentage specified is 7, 15, 28, or 31 percent or such 
     other percentage as is permitted under regulations prescribed 
     by the Secretary.
       ``(C) Specified federal payments.--For purposes of this 
     paragraph, the term `specified Federal payment' means--
       ``(i) any payment of a social security benefit (as defined 
     in section 86(d)),
       ``(ii) any payment referred to in the second sentence of 
     section 451(d) which is treated as insurance proceeds,
       ``(iii) any amount which is includible in gross income 
     under section 77(a), and
       ``(iv) any other payment made pursuant to Federal law which 
     is specified by the Secretary for purposes of this paragraph.
       ``(D) Requests for withholding.--Rules similar to the rules 
     that apply to annuities under subsection (o)(4) shall apply 
     to requests under this paragraph and paragraph (2).
       ``(2) Voluntary withholding on unemployment benefits.--If, 
     at the time a payment of unemployment compensation (as 
     defined in section 85(b)) is made to any person, a request by 
     such person is in effect that such payment be subject to 
     withholding under this chapter, then for purposes of this 
     chapter and so much of subtitle F as relates to this chapter, 
     such payment shall be treated as if it were a payment of 
     wages by an employer to an employee. The amount to be 
     deducted and withheld under this chapter from any payment to 
     which any request under this paragraph applies shall be an 
     amount equal to 15 percent of such payment.
       ``(3) Authority for other voluntary withholding.--The 
     Secretary is authorized by regulations to provide for 
     withholding--
       ``(A) from remuneration for services performed by an 
     employee for the employee's employer which (without regard to 
     this paragraph) does not constitute wages, and
       ``(B) from any other type of payment with respect to which 
     the Secretary finds that withholding would be appropriate 
     under the provisions of this chapter,

     if the employer and employee, or the person making and the 
     person receiving such other type of payment, agree to such 
     withholding. Such agreement shall be in such form and manner 
     as the Secretary may by regulations prescribe. For purposes 
     of this chapter (and so much of subtitle F as relates to this 
     chapter), remuneration or other payments with respect to 
     which such agreement is made shall be treated as if they were 
     wages paid by an employer to an employee to the extent that 
     such remuneration is paid or other payments are made during 
     the period for which the agreement is in effect.''
       (b) State Law Must Permit Voluntary Withholding of Federal 
     Income Tax From Unemployment Compensation.--Section 3304(a) 
     is amended by striking ``and'' at the end of paragraph (17), 
     by redesignating paragraph (18) as paragraph (19), and by 
     inserting after paragraph (17) the following new paragraph:
       ``(18) Federal individual income tax from unemployment 
     compensation is to be deducted and withheld if an individual 
     receiving such compensation voluntarily requests such 
     deduction and withholding; and''.
       (c) Withholding From Unemployment Compensation of Federal, 
     State, and Local Income Taxes Permitted.--
       (1) Subparagraph (C) of section 3304(a)(4) is amended by 
     inserting after ``health insurance'' the following: ``, or 
     the withholding of Federal, State, or local individual income 
     tax,''.
       (2) Subsection (f) of section 3306 is amended by 
     redesignating paragraphs (3) and (4) as paragraphs (4) and 
     (5), respectively, and by inserting after paragraph (2) the 
     following new paragraph:
       ``(3) nothing in this subsection shall be construed to 
     prohibit deducting any amount from unemployment compensation 
     otherwise payable to an individual and using the amount so 
     deducted to pay for health insurance, or the withholding of 
     Federal, State, or local individual income tax, if the 
     individual elected to have such deduction made and such 
     deduction was made under a program approved by the Secretary 
     of Labor;''.
       (3) Paragraph (5) of section 303(a) of the Social Security 
     Act is amended by inserting after ``health insurance'' the 
     following: ``, or the withholding of Federal, State, or local 
     individual income tax,''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to payments made after December 31, 1996.
  Subtitle B--Provisions Relating to Estimated Taxes and Payments and 
                           Deposits of Taxes

     SEC. 711. TREATMENT OF SUBPART F AND SECTION 936 INCOME OF 
                   TAXPAYERS USING ANNUALIZED METHOD FOR ESTIMATED 
                   TAX.

       (a) Corporations.--Section 6655(e) (relating to lower 
     required installment where annualized income installment is 
     less) is amended by adding at the end the following new 
     paragraph:
       ``(4) Treatment of subpart f and section 936 income.--
       ``(A) In general.--Any amounts required to be included in 
     gross income under section 936(h) or 951(a) (and credits 
     properly allocable thereto) shall be taken into account in 
     computing any annualized income installment under paragraph 
     (2) in a manner similar to the manner under which partnership 
     income inclusions (and credits properly allocable thereto) 
     are taken into account.
       ``(B) Prior year safe harbor.--
       ``(i) In general.--If a taxpayer elects to have this 
     subparagraph apply for any taxable year--

       ``(I) subparagraph (A) shall not apply, and
       ``(II) for purposes of computing any annualized income 
     installment for such taxable year, the taxpayer shall be 
     treated as having received ratably during such taxable year 
     items of income and credit described in subparagraph (A) in 
     an amount equal to 115 percent of the amount of such items 
     shown on the return of the taxpayer for the preceding taxable 
     year (the second preceding taxable year in the case of the 
     first and second required installments for such taxable 
     year).

       ``(ii) Special rule for noncontrolling shareholder.--

       ``(I) In general.--If a taxpayer making the election under 
     clause (i) is a noncontrolling shareholder of a corporation, 
     clause (i)(II) shall be applied with respect to items of such 
     corporation by substituting `100 percent' for `115 percent'.
       ``(II) Noncontrolling shareholder.--For purposes of 
     subclause (I), the term `noncontrolling shareholder' means, 
     with respect to any corporation, a shareholder which (as of 
     the beginning of the taxable year for which the installment 
     is being made) does not own (within the meaning of section 
     958(a)), and is not treated as owning (within the meaning of 
     section 958(b)), more than 50 percent (by vote or value) of 
     the stock in the corporation.''

       (b) Individuals.--Section 6654(d)(2) (relating to lower 
     required installment where annualized income installment is 
     less) is amended by adding at the end the following new 
     subparagraph:
       ``(D) Treatment of subpart f and section 936 income.--
       ``(i) In general.--Any amounts required to be included in 
     gross income under section 936(h) or 951(a) (and credits 
     properly allocable thereto) shall be taken into account in 
     computing any annualized income installment under 
     subparagraph (B) in a manner similar to the manner under 
     which partnership income inclusions (and credits properly 
     allocable thereto) are taken into account.
       ``(ii) Prior year safe harbor.--If a taxpayer elects to 
     have this clause apply to any taxable year--

       ``(I) clause (i) shall not apply, and
       ``(II) for purposes of computing any annualized income 
     installment for such taxable year, the taxpayer shall be 
     treated as having received ratably during such taxable year 
     items of income and credit described in clause (i) in an 
     amount equal to the amount of such items shown on the return 
     of the taxpayer for the preceding taxable year (the second 
     preceding taxable year in the case of the first and second 
     required installments for such taxable year).''

       (c) Effective Date.--The amendments made by this section 
     shall apply for purposes of determining underpayments of 
     estimated tax for taxable years beginning after December 31, 
     1994.

     SEC. 712. TIME FOR PAYMENTS AND DEPOSITS OF CERTAIN TAXES.

       (a) Deposits Required for Semimonthly Periods.--Subsection 
     (f) of section 6302 (relating to collection authority) is 
     amended to read as follows:
       ``(f) Time for Deposit of Certain Excise Taxes.--
       ``(1) General rule.--Except as otherwise provided in this 
     subsection and subsection (e), if any person is required 
     under regulations to make deposits of taxes under subtitle D 
     with respect to semimonthly periods, such person shall make 
     deposits of such taxes for the period beginning on September 
     16 and ending on September 26 not later than September 29. In 
     the case of taxes imposed by sections 4261 and 4271, this 
     paragraph shall not apply to periods before January 1, 1997.
       ``(2) Taxes on ozone depleting chemicals.--If any person is 
     required under regulations to make deposits of taxes under 
     subchapter D of chapter 38 with respect to semimonthly 
     periods, in lieu of paragraph (1), such person shall make 
     deposits of such taxes for--
       ``(A) the second semimonthly period in August, and
       ``(B) the period beginning on September 1 and ending on 
     September 11,

     not later than September 29.
       ``(3) Taxpayers not required to use electronic funds 
     transfer.--In the case of deposits not required to be made by 
     electronic funds transfer, paragraphs (1) and (2) shall be 
     applied by substituting `September 25' for `September 26', 
     `September 10' for `September 11', and `September 28' for 
     `September 29'.
       ``(4) Special rule where due date on saturday or sunday.--
     If, but for this paragraph, the due date under paragraph (1), 
     (2), or (3) would fall on a Saturday or Sunday, such due date 
     shall be deemed to be--
       ``(A) in the case of Saturday, the preceding day, and
       ``(B) in the case of Sunday, the following day.''
       (b) Taxes on Distilled Spirits, Wines, and Beer.--
       (1) Subsection (d) of section 5061 is amended by 
     redesignating paragraph (4) as paragraph (5) and by inserting 
     after paragraph (3) the following new paragraph:
       ``(4) Special rule for tax due in september.--
       ``(A) In general.--Notwithstanding the preceding provisions 
     of this subsection, the taxes on distilled spirits, wines, 
     and beer for the period beginning on September 16 and ending 
     on September 26 shall be paid not later than September 29.
       ``(B) Safe harbor.--The requirement of subparagraph (A) 
     shall be treated as met if the amount paid not later than 
     September 29 is not less than \11/15\ of the taxes on 
     distilled spirits, wines, and beer for the period beginning 
     on September 1 and ending on September 15.
       ``(C) Taxpayers not required to use electronic funds 
     transfer.--In the case of payments not required to be made by 
     electronic funds transfer, subparagraphs (A) and (B) shall be 
     applied by substituting `September 25' for `September 26', 
     `September 28' for `September 29', and `\2/3\' for `\11/
     15\'.''
       (2) Section 5061(d)(5), as redesignated by paragraph (1), 
     is amended--
       (A) by inserting ``(or the immediately following day where 
     the due date described in paragraph (4) falls on a Sunday)'' 
     before the period at the end, and
       (B) by striking ``14th day'' in the heading and inserting 
     ``due date''.
       (c) Tobacco Products and Cigarette Papers and Tubes.--
       (1) Paragraph (2) of section 5703(b) is amended by 
     redesignating subparagraph (D) as subparagraph (E) and by 
     inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) Special rule for tax due in september.--
       ``(i) In general.--Notwithstanding the preceding provisions 
     of this paragraph, the taxes on tobacco products and 
     cigarette papers and tubes for the period beginning on 
     September 16 and ending on September 26 shall be paid not 
     later than September 29.
       ``(ii) Safe harbor.--The requirement of clause (i) shall be 
     treated as met if the amount paid not later than September 29 
     is not less than \11/15\ of the taxes on tobacco products and 
     cigarette papers and tubes for the period beginning on 
     September 1 and ending on September 15.
       ``(iii) Taxpayers not required to use electronic funds 
     transfer.--In the case of payments not required to be made by 
     electronic funds transfer, clauses (i) and (ii) shall be 
     applied by substituting `September 25' for `September 26', 
     `September 28' for `September 29', and `\2/3\' for `\11/
     15\'.''
       (2) Section 5703(b)(2)(E), as redesignated by paragraph 
     (1), is amended--
       (A) by inserting ``(or the immediately following day where 
     the due date described in subparagraph (D) falls on a 
     Sunday)'' before the period at the end, and
       (B) by striking ``14th day'' in the heading and inserting 
     ``due date''.
       (d) Communication Services and Airline Tickets.--Subsection 
     (e) of section 6302 is amended to read as follows:
       ``(e) Time for Deposit of Taxes on Communications Services 
     and Airline Tickets.--
       ``(1) In general.--Except as provided in paragraph (2), if, 
     under regulations prescribed by the Secretary, a person is 
     required to make deposits of any tax imposed by section 4251 
     or subsection (a) or (b) of section 4261 with respect to 
     amounts considered collected by such person during any 
     semimonthly period, such deposit shall be made not later than 
     the 3rd day (not including Saturdays, Sundays, or legal 
     holidays) after the close of the 1st week of the 2nd 
     semimonthly period following the period to which such amounts 
     relate.
       ``(2) Special rule for tax due in september.--
       ``(A) Amounts considered collected.--In the case of a 
     person required to make deposits of the tax imposed by--
       ``(i) section 4251, or
       ``(ii) effective on January 1, 1997, section 4261 or 4271,

     with respect to amounts considered collected by such person 
     during any semimonthly period, the amount of such tax 
     included in bills rendered or tickets sold during the period 
     beginning on September 1 and ending on September 11 shall be 
     deposited not later than September 29.
       ``(B) Special rule where september 29 is on saturday or 
     sunday.--If September 29 falls on a Saturday or Sunday, the 
     due date under subparagraph (A) shall be--
       ``(i) in the case of Saturday, the preceding day, and
       ``(ii) in the case of Sunday, the following day.
       ``(C) Taxpayers not required to use electronic funds 
     transfer.--In the case of deposits not required to be made by 
     electronic funds transfer, subparagraphs (A) and (B) shall be 
     applied by substituting `September 10' for `September 11' and 
     `September 28' for `September 29'.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 1995.

     SEC. 713. REDUCTION IN RATE OF INTEREST PAID ON CERTAIN 
                   CORPORATE OVERPAYMENTS.

       (a) In General.--Paragraph (1) of section 6621(a) (defining 
     overpayment rate) is amended by adding at the end the 
     following new flush sentence:

     ``To the extent that an overpayment of tax by a corporation 
     for any taxable period (as defined in subsection (c)(3)) 
     exceeds $10,000, subparagraph (B) shall be applied by 
     substituting `0.5 percentage point' for `2 percentage 
     points'.''
       (b) Effective Date.--The amendment made by this section 
     shall apply for purposes of determining interest for periods 
     after December 31, 1994.
                  Subtitle C--Earned Income Tax Credit

     SEC. 721. EXTENSION OF EARNED INCOME TAX CREDIT TO MILITARY 
                   PERSONNEL STATIONED OUTSIDE THE UNITED STATES.

       (a) In General.--Subsection (c) of section 32 (relating to 
     earned income credit) is amended by adding at the end the 
     following new paragraph:
       ``(4) Treatment of military personnel stationed outside the 
     united states.--For purposes of paragraphs (1)(A)(ii)(I) and 
     (3)(E), the principal place of abode of a member of the Armed 
     Forces of the United States shall be treated as in the United 
     States during any period during which such member is 
     stationed outside the United States while serving on extended 
     active duty (as defined in section 1034(h)(3)) with the Armed 
     Forces of the United States.''
       (b) Reporting of Military Earned Income.--Subsection (a) of 
     section 6051 (relating to receipts for employees) is amended 
     by striking ``and'' at the end of paragraph (8), by striking 
     the period at the end of paragraph (9) and by inserting ``, 
     and'', and by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) in the case of an employee who is a member of the 
     Armed Forces of the United States, such employee's earned 
     income as determined for purposes of section 32 (relating to 
     earned income credit).''
       (c) Advance Payment of Earned Income Credit Based on 
     Military Earned Income.--Paragraph (1) of section 3507(c) 
     (defining earned income advance amount) is amended by adding 
     at the end the following new sentence:

     ``In the case of an employee who is a member of the Armed 
     Forces of the United States, the earned income advance amount 
     shall be determined by taking into account such employee's 
     earned income as determined for purposes of section 32.''
       (d) Effective Dates.--
       (1) Subsection (a).--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     1994.
       (2) Subsections (b) and (c).--The amendments made by 
     subsections (b) and (c) shall apply to remuneration paid 
     after December 31, 1994.

     SEC. 722. CERTAIN NONRESIDENT ALIENS INELIGIBLE FOR EARNED 
                   INCOME TAX CREDIT.

       (a) In General.--Paragraph (1) of section 32(c) (defining 
     eligible individual) is amended by adding at the end the 
     following new subparagraph:
       ``(E) Limitation on eligibility of nonresident aliens.--The 
     term `eligible individual' shall not include any individual 
     who is a nonresident alien individual for any portion of the 
     taxable year unless such individual is treated for such 
     taxable year as a resident of the United States for purposes 
     of this chapter by reason of an election under subsection (g) 
     or (h) of section 6013.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     1994.

     SEC. 723. INCOME OF PRISONERS DISREGARDED IN DETERMINING 
                   EARNED INCOME TAX CREDIT.

       (a) In General.--Subparagraph (B) of section 32(c)(2) 
     (defining earned income) is amended by striking ``and'' at 
     the end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting ``, and'', and by adding at the 
     end the following new clause:
       ``(iv) no amount received for services provided by an 
     individual while the individual is an inmate at a penal 
     institution shall be taken into account.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     1993.
         Subtitle D--Provisions Relating To Retirement Benefits

     SEC. 731. TREATMENT OF EXCESS PENSION ASSETS USED FOR RETIREE 
                   HEALTH BENEFITS.

       (a) 5-Year Extension.--Paragraph (5) of section 420(b) 
     (defining qualified transfer) is amended by striking ``1995'' 
     and inserting ``2000''.
       (b) Minimum Benefit Requirements.--Paragraph (3) of section 
     420(c) (relating to requirements of plans transferring 
     assets) is amended to read as follows:
       ``(3) Maintenance of benefit requirements.--
       ``(A) In general.--The requirements of this paragraph are 
     met if each group health plan or arrangement under which 
     applicable health benefits are provided provides that the 
     applicable health benefits provided by the employer during 
     each taxable year during the benefit maintenance period are 
     substantially the same as the applicable health benefits 
     provided by the employer during the taxable year immediately 
     preceding the taxable year of the qualified transfer.
       ``(B) Election to apply separately.--An employer may elect 
     to have this paragraph applied separately with respect to 
     individuals eligible for benefits under title XVIII of the 
     Social Security Act at any time during the taxable year and 
     with respect to individuals not so eligible.
       ``(C) Benefit maintenance period.--For purposes of this 
     paragraph, the term `benefit maintenance period' means the 
     period of 5 taxable years beginning with the taxable year in 
     which the qualified transfer occurs. If a taxable year is in 
     2 or more benefit maintenance periods, this paragraph shall 
     be applied by taking into account the highest level of 
     benefits required to be provided under subparagraph (A) for 
     such taxable year.''
       (c) Conforming Amendments.--
       (1) Clause (iii) of section 420(b)(1)(C) is amended by 
     striking ``cost'' and inserting ``benefits''.
       (2) Subparagraph (B) of section 420(e)(1) is amended to 
     read as follows:
       ``(B) Reductions for amounts previously set aside.--The 
     amount determined under subparagraph (A) shall be reduced by 
     the amount which bears the same ratio to such amount as--
       ``(i) the value (as of the close of the plan year preceding 
     the year of the qualified transfer) of the assets in all 
     health benefits accounts or welfare benefit funds (as defined 
     in section 419(e)(1)) set aside to pay for the qualified 
     current retiree health liability, bears to
       ``(ii) the present value of the qualified current retiree 
     health liabilities for all plan years (determined without 
     regard to this subparagraph).''
       (3) Subparagraph (D) of section 420(e)(1) is amended by 
     striking ``or in calculating applicable employer cost under 
     subsection (c)(3)(B)'' and inserting ``and shall not be 
     subject to the minimum benefit requirements of subsection 
     (c)(3)''.
       (4)(A) Section 101(e)(3) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by 
     striking ``1991'' and inserting ``1995''.
       (B) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is 
     amended by striking ``1991'' and inserting ``1995''.
       (C) Paragraph (13) of section 408(b) of such Act (29 U.S.C. 
     1108(b)(13)) is amended--
       (i) by striking ``1996'' and inserting ``2001'', and
       (ii) by striking ``1991'' and inserting ``1995''.
       (d) Effective Dates.--
       (1) Extension.--The amendments made by subsections (a) and 
     (c)(3) shall apply to taxable years beginning after December 
     31, 1995.
       (2) Benefits.--The amendments made by subsections (b) and 
     (c)(1) and (2) shall apply to qualified transfers occurring 
     after the date of the enactment of this Act.

     SEC. 732. ROUNDING RULES FOR COST-OF-LIVING ADJUSTMENTS.

       (a) Cost-of-Living Adjustment for Compensation Limit.--
     Section 401(a)(17)(B) is amended to read as follows:
       ``(B) Cost-of-living adjustment.--The Secretary shall 
     adjust annually the $150,000 amount in subparagraph (A) for 
     increases in the cost-of-living at the same time and in the 
     same manner as adjustments under section 415(d); except that 
     the base period shall be the calendar quarter beginning 
     October 1, 1993, and any increase which is not a multiple of 
     $10,000 shall be rounded to the next lowest multiple of 
     $10,000.''
       (b) Cost-of-Living Adjustment for Maximum Defined Benefit 
     Amount and Maximum Annual Addition.--
       (1) In general.--Section 415(d) is amended to read as 
     follows:
       ``(d) Cost-of-Living Adjustments.--
       ``(1) In general.--The Secretary shall adjust annually--
       ``(A) the $90,000 amount in subsection (b)(1)(A),
       ``(B) in the case of a participant who separated from 
     service, the amount taken into account under subsection 
     (b)(1)(B), and
       ``(C) the $30,000 amount in subsection (c)(1)(A),

     for increases in the cost-of-living in accordance with 
     regulations prescribed by the Secretary.
       ``(2) Method.--The regulations prescribed under paragraph 
     (1) shall provide for--
       ``(A) an adjustment with respect to any calendar year based 
     on the increase in the applicable index for the calendar 
     quarter ending September 30 of the preceding calendar year 
     over such index for the base period, and
       ``(B) adjustment procedures which are similar to the 
     procedures used to adjust benefit amounts under section 
     215(i)(2)(A) of the Social Security Act.
       ``(3) Base period.--For purposes of paragraph (2)--
       ``(A) $90,000 amount.--The base period taken into account 
     for purposes of paragraph (1)(A) is the calendar quarter 
     beginning October 1, 1986.
       ``(B) Separations after december 31, 1994.--The base period 
     taken into account for purposes of paragraph (1)(B) with 
     respect to individuals separating from service with the 
     employer after December 31, 1994, is the calendar quarter 
     beginning July 1 of the calendar year preceding the calendar 
     year in which such separation occurs.
       ``(C) Separations before january 1, 1995.--The base period 
     taken into account for purposes of paragraph (1)(B) with 
     respect to individuals separating from service with the 
     employer before January 1, 1995, is the calendar quarter 
     beginning October 1 of the calendar year preceding the 
     calendar year in which such separation occurs.
       ``(D) $30,000 amount.--The base period taken into account 
     for purposes of paragraph (1)(C) is the calendar quarter 
     beginning October 1, 1993.''
       ``(4) Rounding.--Any increase under subparagraph (A) or (C) 
     of paragraph (1) which is not a multiple of $5,000 shall be 
     rounded to the next lowest multiple of $5,000.''
       (2) Conforming amendment.--Section 415(c)(1)(A) is amended 
     by striking ``(or, if greater, \1/4\ of the dollar limitation 
     in effect under subsection (b)(1)(A))''.
       (c) Cost-of-Living Adjustment for Maximum Salary 
     Deferral.--Section 402(g)(5) is amended by inserting before 
     the period ``; except that any increase under this paragraph 
     which is not a multiple of $500 shall be rounded to the next 
     lowest multiple of $500''.
       (d) Cost-of-Living Adjustment for Eligibility for 
     Simplified Employee Pensions.--Section 408(k)(8) is amended 
     by inserting before the period ``; except that any increase 
     in the $300 amount which is not a multiple of $50 shall be 
     rounded to the next lowest multiple of $50''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to years 
     beginning after December 31, 1994.
       (2) Rounding not to result in decreases.--The amendments 
     made by this section providing for the rounding of indexed 
     amounts shall not apply to any year to the extent the 
     rounding would require the indexed amount to be reduced below 
     the amount in effect for years beginning in 1994.

     SEC. 733. INCREASE IN INCLUSION OF SOCIAL SECURITY BENEFITS 
                   PAID TO NONRESIDENTS.

       (a) In General.--Subparagraph (A) of section 871(a)(3) 
     (relating to taxation of Social Security benefits) is amended 
     by striking ``one-half'' and inserting ``85 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to benefits paid after December 31, 1994, in 
     taxable years ending after such date.
                      Subtitle E--Other Provisions

     SEC. 741. PARTNERSHIP DISTRIBUTIONS OF MARKETABLE SECURITIES.

       (a) In General.--Section 731 (relating to extent of 
     recognition of gain or loss on distribution) is amended by 
     redesignating subsection (c) as subsection (d) and by 
     inserting after subsection (b) the following new subsection:
       ``(c) Treatment of Marketable Securities.--
       ``(1) In general.--For purposes of subsection (a)(1) and 
     section 737--
       ``(A) the term `money' includes marketable securities, and
       ``(B) such securities shall be taken into account at their 
     fair market value as of the date of the distribution.
       ``(2) Marketable securities.--For purposes of this 
     subsection--
       ``(A) In general.--The term `marketable securities' means 
     financial instruments and foreign currencies which are, as of 
     the date of the distribution, actively traded (within the 
     meaning of section 1092(d)(1)).
       ``(B) Other property.--Such term includes--
       ``(i) any interest in--

       ``(I) a common trust fund, or
       ``(II) a regulated investment company which is offering for 
     sale or has outstanding any redeemable security (as defined 
     in section 2(a)(32) of the Investment Company Act of 1940) of 
     which it is the issuer,

       ``(ii) any financial instrument which, pursuant to its 
     terms or any other arrangement, is readily convertible into, 
     or exchangeable for, money or marketable securities,
       ``(iii) any financial instrument the value of which is 
     determined substantially by reference to marketable 
     securities,
       ``(iv) except to the extent provided in regulations 
     prescribed by the Secretary, any interest in a precious metal 
     which, as of the date of the distribution, is actively traded 
     (within the meaning of section 1092(d)(1)) unless such metal 
     was produced, used, or held in the active conduct of a trade 
     or business by the partnership,
       ``(v) except as otherwise provided in regulations 
     prescribed by the Secretary, interests in any entity if 
     substantially all of the assets of such entity consist 
     (directly or indirectly) of marketable securities, money, or 
     both, and
       ``(vi) to the extent provided in regulations prescribed by 
     the Secretary, any interest in an entity not described in 
     clause (v) but only to the extent of the value of such 
     interest which is attributable to marketable securities, 
     money, or both.
       ``(C) Financial instrument.--The term `financial 
     instrument' includes stocks and other equity interests, 
     evidences of indebtedness, options, forward or futures 
     contracts, notional principal contracts, and derivatives.
       ``(3) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to the 
     distribution from a partnership of a marketable security to a 
     partner if--
       ``(i) the security was contributed to the partnership by 
     such partner, except to the extent that the value of the 
     distributed security is attributable to marketable securities 
     or money contributed (directly or indirectly) to the entity 
     to which the distributed security relates,
       ``(ii) to the extent provided in regulations prescribed by 
     the Secretary, the property was not a marketable security 
     when acquired by such partnership, or
       ``(iii) such partnership is an investment partnership and 
     such partner is an eligible partner thereof.
       ``(B) Limitation on gain recognized.--In the case of a 
     distribution of marketable securities to a partner, the 
     amount taken into account under paragraph (1) shall be 
     reduced (but not below zero) by the excess (if any) of--
       ``(i) such partner's distributive share of the net gain 
     which would be recognized if all of the marketable securities 
     of the same class and issuer as the distributed securities 
     held by the partnership were sold (immediately before the 
     transaction to which the distribution relates) by the 
     partnership for fair market value, over
       ``(ii) such partner's distributive share of the net gain 
     which is attributable to the marketable securities of the 
     same class and issuer as the distributed securities held by 
     the partnership immediately after the transaction, determined 
     by using the same fair market value as used under clause (i).

     Under regulations prescribed by the Secretary, all marketable 
     securities held by the partnership may be treated as 
     marketable securities of the same class and issuer as the 
     distributed securities.
       ``(C) Definitions relating to investment partnerships.--For 
     purposes of subparagraph (A)(iii)--
       ``(i) Investment partnership.--The term `investment 
     partnership' means any partnership which has never been 
     engaged in a trade or business and substantially all of the 
     assets (by value) of which have always consisted of--

       ``(I) money,
       ``(II) stock in a corporation,
       ``(III) notes, bonds, debentures, or other evidences of 
     indebtedness,
       ``(IV) interest rate, currency, or equity notional 
     principal contracts,
       ``(V) foreign currencies,
       ``(VI) interests in or derivative financial instruments 
     (including options, forward or futures contracts, short 
     positions, and similar financial instruments) in any asset 
     described in any other subclause of this clause or in any 
     commodity traded on or subject to the rules of a board of 
     trade or commodity exchange,
       ``(VII) other assets specified in regulations prescribed by 
     the Secretary, or
       ``(VIII) any combination of the foregoing.

       ``(ii) Exception for certain activities.--A partnership 
     shall not be treated as engaged in a trade or business by 
     reason of--

       ``(I) any activity undertaken as an investor, trader, or 
     dealer in any asset described in clause (i), or
       ``(II) any other activity specified in regulations 
     prescribed by the Secretary.

       ``(iii) Eligible partner.--

       ``(I) In general.--The term `eligible partner' means any 
     partner who, before the date of the distribution, did not 
     contribute to the partnership any property other than assets 
     described in clause (i).
       ``(II) Exception for certain nonrecognition transactions.--
     The term `eligible partner' shall not include the transferor 
     or transferee in a nonrecognition transaction involving a 
     transfer of any portion of an interest in a partnership with 
     respect to which the transferor was not an eligible partner.

       ``(iv) Look-thru of partnership tiers.--Except as otherwise 
     provided in regulations prescribed by the Secretary--

       ``(I) a partnership shall be treated as engaged in any 
     trade or business engaged in by, and as holding (instead of a 
     partnership interest) a proportionate share of the assets of, 
     any other partnership in which the partnership holds a 
     partnership interest, and
       ``(II) a partner who contributes to a partnership an 
     interest in another partnership shall be treated as 
     contributing a proportionate share of the assets of the other 
     partnership.

     If the preceding sentence does not apply under such 
     regulations with respect to any interest held by a 
     partnership in another partnership, the interest in such 
     other partnership shall be treated as if it were specified in 
     a subclause of clause (i).
       ``(4) Basis of securities distributed.--
       ``(A) In general.--The basis of marketable securities with 
     respect to which gain is recognized by reason of this 
     subsection shall be--
       ``(i) their basis determined under section 732, increased 
     by
       ``(ii) the amount of such gain.
       ``(B) Allocation of basis increase.--Any increase in basis 
     attributable to the gain described in subparagraph (A)(ii) 
     shall be allocated to marketable securities in proportion to 
     their respective amounts of unrealized appreciation before 
     such increase.
       ``(5) Subsection disregarded in determining basis of 
     partner's interest in partnership and of basis of partnership 
     property.--Sections 733 and 734 shall be applied as if no 
     gain were recognized, and no adjustment were made to the 
     basis of property, under this subsection.
       ``(6) Character of gain recognized.--In the case of a 
     distribution of a marketable security which is an unrealized 
     receivable (as defined in section 751(c)) or an inventory 
     item (as defined in section 751(d)(2)), any gain recognized 
     under this subsection shall be treated as ordinary income to 
     the extent of any increase in the basis of such security 
     attributable to the gain described in paragraph (4)(A)(ii).
       ``(7) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this subsection, including regulations to 
     prevent the avoidance of such purposes.''
       (b) Conforming Amendments.--
       (1) The last sentence of section 737(c)(1) is amended to 
     read as follows: ``For purposes of determining the basis of 
     the distributed property (other than money), such increase 
     shall be treated as occurring immediately before the 
     distribution.''
       (2) Section 737 is amended by adding at the end the 
     following new subsection:
       ``(e) Marketable Securities Treated as Money.--
  ``For treatment of marketable securities as money for purposes of 
this section, see section 731(c).''
       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to distributions after the date of the enactment of this Act.
       (2) Certain distributions before january 1, 1995.--The 
     amendments made by this section shall not apply to any 
     marketable security distributed before January 1, 1995, by 
     the partnership which held such security on July 27, 1994.
       (3) Distributions in liquidation of partner's interest.--
     The amendments made by this section shall not apply to the 
     distribution of a marketable security in liquidation of a 
     partner's interest in a partnership if--
       (A) such liquidation is pursuant to a written contract 
     which was binding on July 15, 1994, and at all times 
     thereafter before the distribution, and
       (B) such contract provides for the purchase of such 
     interest not later than a date certain for--
       (i) a fixed value of marketable securities that are 
     specified in the contract, or
       (ii) other property.

     The preceding sentence shall not apply if the partner has the 
     right to elect that such distribution be made other than in 
     marketable securities.
       (4) Distributions in complete liquidation of publicly 
     traded partnerships.--
       (A) In general.--The amendments made by this section shall 
     not apply to the distribution of a marketable security in a 
     qualified partnership liquidation if--
       (i) the marketable securities were received by the 
     partnership in a nonrecognition transaction in exchange for 
     substantially all of the assets of the partnership,
       (ii) the marketable securities are distributed by the 
     partnership within 90 days after their receipt by the 
     partnership, and
       (iii) the partnership is liquidated before the beginning of 
     the 1st taxable year of the partnership beginning after 
     December 31, 1997.
       (B) Qualified partnership liquidation.--For purposes of 
     subparagraph (A), the term ``qualified partnership 
     liquidation'' means--
       (i) a complete liquidation of a publicly traded partnership 
     (as defined in section 7704(b) of the Internal Revenue Code 
     of 1986) which is an existing partnership (as defined in 
     section 10211(c)(2) of the Revenue Act of 1987), and
       (ii) a complete liquidation of a partnership which is 
     related to a partnership described in clause (i) if such 
     liquidation is related to a complete liquidation of the 
     partnership described in clause (i).
       (5) Marketable securities.--For purposes of this 
     subsection, the term ``marketable securities'' has the 
     meaning given such term by section 731(c) of the Internal 
     Revenue Code of 1986, as added by this section.

     SEC. 742. TAXPAYER IDENTIFICATION NUMBERS REQUIRED AT BIRTH.

       (a) Earned Income Credit.--Clause (i) of section 
     32(c)(3)(D) is amended to read as follows:
       ``(i) In general.--The requirements of this subparagraph 
     are met if the taxpayer includes the name, age, and TIN of 
     each qualifying child (without regard to this subparagraph) 
     on the return of tax for the taxable year.''
       (b) Dependency Exemption.--Subsection (e) of section 6109 
     is amended to read as follows:
       ``(e) Furnishing Number for Dependents.--Any taxpayer who 
     claims an exemption under section 151 for any dependent on a 
     return for any taxable year shall include on such return the 
     identifying number (for purposes of this title) of such 
     dependent.''
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to returns for 
     taxable years beginning after December 31, 1994.
       (2) Exception.--The amendments made by this section shall 
     not apply to--
       (A) returns for taxable years beginning in 1995 with 
     respect to individuals who are born after October 31, 1995, 
     and
       (B) returns for taxable years beginning in 1996 with 
     respect to individuals who are born after November 30, 1996.

     SEC. 743. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.

       Subsection (c) of section 10511 of the Revenue Act of 1987 
     (relating to fees for requests for ruling, determination, and 
     similar letters) is amended by striking ``October 1, 1995'' 
     and inserting ``October 1, 2000''.

     SEC. 744. MODIFICATION OF SUBSTANTIAL UNDERSTATEMENT PENALTY 
                   FOR CORPORATIONS PARTICIPATING IN TAX SHELTERS.

       (a) In General.--Subparagraph (C) of section 6662(d)(2) 
     (relating to special rules in cases involving tax shelters) 
     is amended by redesignating clause (ii) as clause (iii) and 
     by inserting after clause (i) the following new clause:
       ``(ii) Subparagraph (b) not to apply to corporations.--
     Subparagraph (B) shall not apply to any item of a corporation 
     which is attributable to a tax shelter.''
       (b) Technical Amendments.--
       (1) Clause (i) of section 6662(d)(2)(C) is amended by 
     striking ``In the case of any item'' and inserting ``In the 
     case of any item of a taxpayer other than a corporation which 
     is''.
       (2) Clause (iii) of section 6662(d)(2)(C), as redesignated 
     by subsection (a), is amended by striking ``clause (i)'' and 
     inserting ``this subparagraph''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to items related to transactions occurring after 
     the date of the enactment of this Act.

     SEC. 745. MODIFICATION OF AUTHORITY TO SET TERMS AND 
                   CONDITIONS FOR SAVINGS BONDS.

       (a) In General.--Subsection (b) of section 3105 of title 
     31, United States Code, is amended to read as follows:
       ``(b)(1) The Secretary may--
       ``(A) fix the investment yield for savings bonds; and
       ``(B) change the investment yield on an outstanding savings 
     bond, except that the yield on a bond for the period held may 
     not be decreased below the minimum yield for the period 
     guaranteed on the date of issue.
       ``(2) The Secretary may prescribe regulations providing 
     that--
       ``(A) owners of savings bonds may keep the bonds after 
     maturity or after a period beyond maturity during which the 
     bonds have earned interest and continue to earn interest at 
     rates consistent with paragraph (1) of this subsection; and
       ``(B) savings bonds earning a different rate of interest 
     before the regulations are prescribed shall earn a rate of 
     interest consistent with paragraph (1).''
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after October 31, 1994.
             Subtitle F--Pension Plan Funding and Premiums

     SEC. 750. SHORT TITLE.

       This subtitle may be cited as the ``Retirement Protection 
     Act of 1994''.

                      PART I--PENSION PLAN FUNDING

       Subpart A--Amendments to the Internal Revenue Code of 1986

     SEC. 751. MINIMUM FUNDING REQUIREMENTS.

       (a) Amendments to Additional Funding Requirements for 
     Single-Employer Plans.--
       (1) Limitations on additional funding requirement for 
     certain plans.--
       (A) In general.--Paragraph (1) of section 412(l) (relating 
     to additional funding requirements for plans which are not 
     multiemployer plans) is amended by striking ``which has an 
     unfunded current liability'' and inserting ``to which this 
     subsection applies under paragraph (9)''.
       (B) Plans to which requirement applies.--Section 412(l) is 
     amended by adding at the end the following new paragraph:
       ``(9) Applicability of subsection.--
       ``(A) In general.--Except as provided in paragraph (6)(A), 
     this subsection shall apply to a plan for any plan year if 
     its funded current liability percentage for such year is less 
     than 90 percent.
       ``(B) Exception for certain plans at least 80 percent 
     funded.--Subparagraph (A) shall not apply to a plan for a 
     plan year if--
       ``(i) the funded current liability percentage for the plan 
     year is at least 80 percent, and
       ``(ii) such percentage for each of the 2 immediately 
     preceding plan years (or each of the 2d and 3d immediately 
     preceding plan years) is at least 90 percent.
       ``(C) Funded current liability percentage.--For purposes of 
     subparagraphs (A) and (B), the term `funded current liability 
     percentage' has the meaning given such term by paragraph 
     (8)(B), except that such percentage shall be determined for 
     any plan year--
       ``(i) without regard to paragraph (8)(E), and
       ``(ii) by using the rate of interest which is the highest 
     rate allowable for the plan year under paragraph (7)(C).
       ``(D) Transition rules.--For purposes of this paragraph--
       ``(i) Funded percentage for years before 1995.--The funded 
     current liability percentage for any plan year beginning 
     before January 1, 1995, shall be treated as not less than 90 
     percent only if for such plan year the plan met one of the 
     following requirements (as in effect for such year):

       ``(I) The full-funding limitation under subsection (c)(7) 
     for the plan was zero.
       ``(II) The plan had no additional funding requirement under 
     this subsection (or would have had no such requirement if its 
     funded current liability percentage had been determined under 
     subparagraph (C)).
       ``(III) The plan's additional funding requirement under 
     this subsection did not exceed the lesser of 0.5 percent of 
     current liability or $5,000,000.

       ``(ii) Special rule for 1995 and 1996.--For purposes of 
     determining whether subparagraph (B) applies to any plan year 
     beginning in 1995 or 1996, a plan shall be treated as meeting 
     the requirements of subparagraph (B)(ii) if the plan met the 
     requirements of clause (i) of this subparagraph for any two 
     of the plan years beginning in 1992, 1993, and 1994 (whether 
     or not consecutive).''
       (2) Relationship of additional funding requirement to 
     funding standard account charges and credits.--
       (A) Clause (ii) of section 412(l)(1)(A) is amended to read 
     as follows:
       ``(ii) the sum of the charges for such plan year under 
     subsection (b)(2), reduced by the sum of the credits for such 
     plan year under subparagraph (B) of subsection (b)(3), 
     plus''.
       (B) The last sentence in section 412(l)(1) of such Code is 
     amended to read as follows:

     ``Such increase shall not exceed the amount which, after 
     taking into account charges (other than the additional charge 
     under this subsection) and credits under subsection (b), is 
     necessary to increase the funded current liability percentage 
     (taking into account the expected increase in current 
     liability due to benefits accruing during the plan year) to 
     100 percent.''
       (3) Amendment to deficit reduction contribution.--Paragraph 
     (2) of section 412(l) is amended--
       (A) by striking ``plus'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``, plus''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) the expected increase in current liability due to 
     benefits accruing during the plan year.''
       (4) Increase in current liability due to change in required 
     assumptions.--
       (A) Paragraph (3) of section 412(l) is amended by adding at 
     the end the following new subparagraphs:
       ``(D) Special rule for required changes in actuarial 
     assumptions.--
       ``(i) In general.--The unfunded old liability amount with 
     respect to any plan for any plan year shall be increased by 
     the amount necessary to amortize the amount of additional 
     unfunded old liability under the plan in equal annual 
     installments over a period of 12 plan years (beginning with 
     the first plan year beginning after December 31, 1994).
       ``(ii) Additional unfunded old liability.--For purposes of 
     clause (i), the term `additional unfunded old liability' 
     means the amount (if any) by which--

       ``(I) the current liability of the plan as of the beginning 
     of the first plan year beginning after December 31, 1994, 
     valued using the assumptions required by paragraph (7)(C) as 
     in effect for plan years beginning after December 31, 1994, 
     exceeds
       ``(II) the current liability of the plan as of the 
     beginning of such first plan year, valued using the same 
     assumptions used under subclause (I) (other than the 
     assumptions required by paragraph (7)(C)), using the prior 
     interest rate, and using such mortality assumptions as were 
     used to determine current liability for the first plan year 
     beginning after December 31, 1992.

       ``(iii) Prior interest rate.--For purposes of clause (ii), 
     the term `prior interest rate' means the rate of interest 
     that is the same percentage of the weighted average under 
     subsection (b)(5)(B)(ii)(I) for the first plan year beginning 
     after December 31, 1994, as the rate of interest used by the 
     plan to determine current liability for the first plan year 
     beginning after December 31, 1992, is of the weighted average 
     under subsection (b)(5)(B)(ii)(I) for such first plan year 
     beginning after December 31, 1992.
       ``(E) Optional rule for additional unfunded old 
     liability.--
       ``(i) In general.--If an employer makes an election under 
     clause (ii), the additional unfunded old liability for 
     purposes of subparagraph (D) shall be the amount (if any) by 
     which--

       ``(I) the unfunded current liability of the plan as of the 
     beginning of the first plan year beginning after December 31, 
     1994, valued using the assumptions required by paragraph 
     (7)(C) as in effect for plan years beginning after December 
     31, 1994, exceeds
       ``(II) the unamortized portion of the unfunded old 
     liability under the plan as of the beginning of the first 
     plan year beginning after December 31, 1994.

       ``(ii) Election.--

       ``(I) An employer may irrevocably elect to apply the 
     provisions of this subparagraph as of the beginning of the 
     first plan year beginning after December 31, 1994.
       ``(II) If an election is made under this clause, the 
     increase under paragraph (1) for any plan year beginning 
     after December 31, 1994, and before January 1, 2002, to which 
     this subsection applies (without regard to this subclause) 
     shall not be less than the increase that would be required 
     under paragraph (1) if the provisions of this title as in 
     effect for the last plan year beginning before January 1, 
     1995, had remained in effect.''

       (B) Clause (i) of section 412(l)(4)(B) is amended by 
     inserting ``, the unamortized portion of the additional 
     unfunded old liability,'' after ``old liability''.
       (5) Applicable percentage for determining unfunded new 
     liability amount.--Subparagraph (C) of section 412(l)(4) is 
     amended--
       (A) by striking ``.25'' and inserting ``.40'', and
       (B) by striking ``35'' and inserting ``60''.
       (6) Unpredictable contingent event amount.--
       (A) Subparagraph (A) of section 412(l)(5) is amended--
       (i) by striking ``greater of'' and inserting ``greatest 
     of'' before clause (i);
       (ii) by striking ``or'' at the end of clause (i);
       (iii) by striking the period at the end of clause (ii) and 
     inserting ``, or''; and
       (iv) by adding after clause (ii) the following new clause:
       ``(iii) the additional amount that would be determined 
     under paragraph (4)(A) if the unpredictable contingent event 
     benefit liabilities were included in unfunded new liability 
     notwithstanding paragraph (4)(B)(ii).''
       (B) Paragraph (5) of section 412(l) is amended by adding at 
     the end the following new subparagraph:
       ``(E) Limitation.--The present value of the amounts 
     described in subparagraph (A) with respect to any one event 
     shall not exceed the unpredictable contingent event benefit 
     liabilities attributable to that event.''
       (C) Clause (ii) of section 412(m)(4)(D) is amended--
       (i) by striking ``greater of'' and inserting ``greatest 
     of'' before subclause (I);
       (ii) by striking ``or'' at the end of subclause (I);
       (iii) by striking the period at the end of subclause (II) 
     and inserting ``, or''; and
       (iv) by adding after subclause (II) the following new 
     clause:

       ``(III) 25 percent of the amount determined under 
     subsection (l)(5)(A)(iii) for the plan year.''

       (7) Required interest rate and mortality assumptions for 
     determining current liability.--
       (A) In general.--Subparagraph (C) of section 412(l)(7) is 
     amended to read as follows:
       ``(C) Interest rate and mortality assumptions used.--
     Effective for plan years beginning after December 31, 1994--
       ``(i) Interest rate.--

       ``(I) In general.--The rate of interest used to determine 
     current liability under this subsection shall be the rate of 
     interest used under subsection (b)(5), except that the 
     highest rate in the permissible range under subparagraph 
     (B)(ii) thereof shall not exceed the specified percentage 
     under subclause (II) of the weighted average referred to in 
     such subparagraph.
       ``(II) Specified percentage.--For purposes of subclause 
     (I), the specified percentage shall be determined as follows:

The specified percentage is:beginning in calendar year:
  1995..........................................................109....

  1996..........................................................108....

  1997..........................................................107....

  1998..........................................................106....

  1999 and thereafter..........................................105.....

       ``(ii) Mortality tables.--

       ``(I) Commissioners' standard table.--In the case of plan 
     years beginning before the first plan year to which the first 
     tables prescribed under subclause (II) apply, the mortality 
     table used in determining current liability under this 
     subsection shall be the table prescribed by the Secretary 
     which is based on the prevailing commissioners' standard 
     table (described in section 807(d)(5)(A)) used to determine 
     reserves for group annuity contracts issued on January 1, 
     1993.
       ``(II) Secretarial authority.--The Secretary may by 
     regulation prescribe for plan years beginning after December 
     31, 1999, mortality tables to be used in determining current 
     liability under this subsection. Such tables shall be based 
     upon the actual experience of pension plans and projected 
     trends in such experience. In prescribing such tables, the 
     Secretary shall take into account results of available 
     independent studies of mortality of individuals covered by 
     pension plans.
       ``(III) Periodic review.--The Secretary shall periodically 
     (at least every 5 years) review any tables in effect under 
     this subsection and shall, to the extent the Secretary 
     determines necessary, by regulation update the tables to 
     reflect the actual experience of pension plans and projected 
     trends in such experience.

       ``(iii) Separate mortality tables for the disabled.--
     Notwithstanding clause (ii)--

       ``(I) In general.--In the case of plan years beginning 
     after December 31, 1995, the Secretary shall establish 
     mortality tables which may be used (in lieu of the tables 
     under clause (ii)) to determine current liability under this 
     subsection for individuals who are entitled to benefits under 
     the plan on account of disability. The Secretary shall 
     establish separate tables for individuals whose disabilities 
     occur in plan years beginning before January 1, 1995, and for 
     individuals whose disabilities occur in plan years beginning 
     on or after such date.
       ``(II) Special rule for disabilities occurring after 
     1994.--In the case of disabilities occurring in plan years 
     beginning after December 31, 1994, the tables under subclause 
     (I) shall apply only with respect to individuals described in 
     such subclause who are disabled within the meaning of title 
     II of the Social Security Act and the regulations thereunder.
       ``(III) Plan years beginning in 1995.--In the case of any 
     plan year beginning in 1995, a plan may use its own mortality 
     assumptions for individuals who are entitled to benefits 
     under the plan on account of disability.''

       (B) Amortization of unfunded mortality increase amount.--
       (i) In general.--Paragraph (2) of section 412(l), as 
     amended by paragraph (3), is amended by striking ``plus'' at 
     the end of subparagraph (B), by striking the period at the 
     end of subparagraph (C) and inserting ``, and'', and by 
     adding at the end the following new subparagraph:
       ``(D) the aggregate of the unfunded mortality increase 
     amounts.''
       (ii) Unfunded mortality increase amount.--Section 412(l), 
     as amended by paragraph (1), is amended by adding at the end 
     the following new paragraph:
       ``(10) Unfunded mortality increase amount.--
       ``(A) In general.--The unfunded mortality increase amount 
     with respect to each unfunded mortality increase is the 
     amount necessary to amortize such increase in equal annual 
     installments over a period of 10 plan years (beginning with 
     the first plan year for which a plan uses any new mortality 
     table issued under paragraph (7)(C)(ii)(II) or (III)).
       ``(B) Unfunded mortality increase.--For purposes of 
     subparagraph (A), the term `unfunded mortality increase' 
     means an amount equal to the excess of--
       ``(i) the current liability of the plan for the first plan 
     year for which a plan uses any new mortality table issued 
     under paragraph (7)(C)(ii)(II) or (III), over
       ``(ii) the current liability of the plan for such plan year 
     which would have been determined if the mortality table in 
     effect for the preceding plan year had been used.''
       (iii) Conforming amendment.--Clause (i) of section 
     412(l)(4)(B), as amended by paragraph (4)(B), is amended by 
     inserting ``the unamortized portion of each unfunded 
     mortality increase,'' after ``additional unfunded old 
     liability,''.
       (8) Transition rule.--Section 412(l), as amended by 
     paragraph (7), is amended by adding at the end the following 
     new paragraph:
       ``(11) Phase-in of increases in funding required by 
     retirement protection act of 1994.--
       ``(A) In general.--For any applicable plan year, at the 
     election of the employer, the increase under paragraph (1) 
     shall not exceed the greater of--
       ``(i) the increase that would be required under paragraph 
     (1) if the provisions of this title as in effect for plan 
     years beginning before January 1, 1995, had remained in 
     effect, or
       ``(ii) the amount which, after taking into account charges 
     (other than the additional charge under this subsection) and 
     credits under subsection (b), is necessary to increase the 
     funded current liability percentage (taking into account the 
     expected increase in current liability due to benefits 
     accruing during the plan year) for the applicable plan year 
     to a percentage equal to the sum of the initial funded 
     current liability percentage of the plan plus the applicable 
     number of percentage points for such applicable plan year.
       ``(B) Applicable number of percentage points.--
       ``(i) Initial funded current liability percentage of 75 
     percent or less.--Except as provided in clause (ii), for 
     plans with an initial funded current liability percentage of 
     75 percent or less, the applicable number of percentage 
     points for the applicable plan year is:

         ``In the case                                   The applicable
           of applicable                                      number of
           plan years                                        percentage
           beginning in:                                     points is:
           1995....................................................   3
           1996....................................................   6
           1997....................................................   9
           1998....................................................  12
           1999....................................................  15
           2000....................................................  19
           2001.................................................... 24.

       ``(ii) Other cases.--In the case of a plan to which this 
     clause applies, the applicable number of percentage points 
     for any such applicable plan year is the sum of--

       ``(I) 2 percentage points;
       ``(II) the applicable number of percentage points (if any) 
     under this clause for the preceding applicable plan year;
       ``(III) the product of .10 multiplied by the excess (if 
     any) of (a) 85 percentage points over (b) the sum of the 
     initial funded current liability percentage and the number 
     determined under subclause (II);
       ``(IV) for applicable plan years beginning in 2000, 1 
     percentage point; and
       ``(V) for applicable plan years beginning in 2001, 2 
     percentage points.

       ``(iii) Plans to which clause (ii) applies.--

       ``(I) In general.--Clause (ii) shall apply to a plan for an 
     applicable plan year if the initial funded current liability 
     percentage of such plan is more than 75 percent.
       ``(II) Plans initially under clause (i).--In the case of a 
     plan which (but for this subclause) has an initial funded 
     current liability percentage of 75 percent or less, clause 
     (ii) (and not clause (i)) shall apply to such plan with 
     respect to applicable plan years beginning after the first 
     applicable plan year for which the sum of the initial funded 
     current liability percentage and the applicable number of 
     percentage points (determined under clause (i)) exceeds 75 
     percent. For purposes of applying clause (ii) to such a plan, 
     the initial funded current liability percentage of such plan 
     shall be treated as being the sum referred to in the 
     preceding sentence.

       ``(C) Definitions.--For purposes of this paragraph--
       ``(i) The term `applicable plan year' means a plan year 
     beginning after December 31, 1994, and before January 1, 
     2002.
       ``(ii) The term `initial funded current liability 
     percentage' means the funded current liability percentage as 
     of the first day of the first plan year beginning after 
     December 31, 1994.''
       (9) Liquidity requirement.--
       (A) In general.--Section 412(m) is amended by redesignating 
     paragraph (5) as paragraph (6) and by inserting after 
     paragraph (4) the following new paragraph:
       ``(5) Liquidity requirement.--
       ``(A) In general.--A plan to which this paragraph applies 
     shall be treated as failing to pay the full amount of any 
     required installment to the extent that the value of the 
     liquid assets paid in such installment is less than the 
     liquidity shortfall (whether or not such liquidity shortfall 
     exceeds the amount of such installment required to be paid 
     but for this paragraph).
       ``(B) Plans to which paragraph applies.--This paragraph 
     shall apply to a defined benefit plan (other than a 
     multiemployer plan or a plan described in subsection 
     (l)(6)(A)) which--
       ``(i) is required to pay installments under this subsection 
     for a plan year, and
       ``(ii) has a liquidity shortfall for any quarter during 
     such plan year.
       ``(C) Period of underpayment.--For purposes of paragraph 
     (1), any portion of an installment that is treated as not 
     paid under subparagraph (A) shall continue to be treated as 
     unpaid until the close of the quarter in which the due date 
     for such installment occurs.
       ``(D) Limitation on increase.--If the amount of any 
     required installment is increased by reason of subparagraph 
     (A), in no event shall such increase exceed the amount which, 
     when added to prior installments for the plan year, is 
     necessary to increase the funded current liability percentage 
     (taking into account the expected increase in current 
     liability due to benefits accruing during the plan year) to 
     100 percent.
       ``(E) Definitions.--For purposes of this paragraph--
       ``(i) Liquidity shortfall.--The term `liquidity shortfall' 
     means, with respect to any required installment, an amount 
     equal to the excess (as of the last day of the quarter for 
     which such installment is made) of the base amount with 
     respect to such quarter over the value (as of such last day) 
     of the plan's liquid assets.
       ``(ii) Base amount.--

       ``(I) In general.--The term `base amount' means, with 
     respect to any quarter, an amount equal to 3 times the sum of 
     the adjusted disbursements from the plan for the 12 months 
     ending on the last day of such quarter.
       ``(II) Special rule.--If the amount determined under clause 
     (i) exceeds an amount equal to 2 times the sum of the 
     adjusted disbursements from the plan for the 36 months ending 
     on the last day of the quarter and an enrolled actuary 
     certifies to the satisfaction of the Secretary that such 
     excess is the result of nonrecurring circumstances, the base 
     amount with respect to such quarter shall be determined 
     without regard to amounts related to those nonrecurring 
     circumstances.

       ``(iii) Disbursements from the plan.--The term 
     `disbursements from the plan' means all disbursements from 
     the trust, including purchases of annuities, payments of 
     single sums and other benefits, and administrative expenses.
       ``(iv) Adjusted disbursements.--The term `adjusted 
     disbursements' means disbursements from the plan reduced by 
     the product of--

       ``(I) the plan's funded current liability percentage (as 
     defined in subsection (l)(8)) for the plan year, and
       ``(II) the sum of the purchases of annuities, payments of 
     single sums, and such other disbursements as the Secretary 
     shall provide in regulations.

       ``(v) Liquid assets.--The term `liquid assets' means cash, 
     marketable securities and such other assets as specified by 
     the Secretary in regulations.
       ``(vi) Quarter.--The term `quarter' means, with respect to 
     any required installment, the 3-month period preceding the 
     month in which the due date for such installment occurs.
       ``(F) Regulations.--The Secretary may prescribe such 
     regulations as are necessary to carry out this paragraph.''
       (B) Excise tax on unpaid liquidity shortfall.--
       (i) Subsection (e) of section 4971 is amended by striking 
     ``(a) or (b)'' wherever it appears and inserting ``(a), (b), 
     or (f)''.
       (ii) Section 4971 is amended by redesignating subsection 
     (f) as subsection (g) and adding a new subsection (f) to read 
     as follows:
       ``(f) Failure To Pay Liquidity Shortfall.--
       ``(1) In general.--In the case of a plan to which section 
     412(m)(5) applies, there is hereby imposed a tax of 10 
     percent of the excess (if any) of--
       ``(A) the amount of the liquidity shortfall for any 
     quarter, over
       ``(B) the amount of such shortfall which is paid by the 
     required installment under section 412(m) for such quarter 
     (but only if such installment is paid on or before the due 
     date for such installment).
       ``(2) Additional tax.--If the plan has a liquidity 
     shortfall as of the close of any quarter and as of the close 
     of each of the following 4 quarters, there is hereby imposed 
     a tax equal to 100 percent of the amount on which tax was 
     imposed by paragraph (1) for such first quarter.
       ``(3) Definitions and special rule.--
       ``(A) Liquidity shortfall; quarter.--For purposes of this 
     subsection, the terms `liquidity shortfall' and `quarter' 
     have the respective meanings given such terms by section 
     412(m)(5).
       ``(B) Special rule.--If the tax imposed by paragraph (2) is 
     paid with respect to any liquidity shortfall for any quarter, 
     no further tax shall be imposed by this subsection on such 
     shortfall for such quarter.''
       (C) Treatment of failure to make certain payments if plan 
     has liquidity shortfall.--Section 401(a) is amended by adding 
     at the end the following new paragraph:
       ``(32) Treatment of failure to make certain payments if 
     plan has liquidity shortfall.--
       ``(A) In general.--A trust forming part of a pension plan 
     to which section 412(m)(5) applies shall not be treated as 
     failing to constitute a qualified trust under this section 
     merely because such plan ceases to make any payment described 
     in subparagraph (B) during any period that such plan has a 
     liquidity shortfall (as defined in section 412(m)(5)).
       ``(B) Payments described.--A payment is described in this 
     subparagraph if such payment is--
       ``(i) any payment, in excess of the monthly amount paid 
     under a single life annuity (plus any social security 
     supplements described in the last sentence of section 
     411(a)(9)), to a participant or beneficiary whose annuity 
     starting date (as defined in section 417(f)(2)) occurs during 
     the period referred to in subparagraph (A),
       ``(ii) any payment for the purchase of an irrevocable 
     commitment from an insurer to pay benefits, and
       ``(iii) any other payment specified by the Secretary by 
     regulations.
       ``(C) Period of shortfall.--For purposes of this paragraph, 
     a plan has a liquidity shortfall during the period that there 
     is an underpayment of an installment under section 412(m) by 
     reason of paragraph (5)(A) thereof.''
       (10) Amendment to definition of full-funding limitation.--
       (A) Subparagraph (A) of section 412(c)(7) is amended by 
     inserting ``(including the expected increase in current 
     liability due to benefits accruing during the plan year)'' 
     after ``current liability'' in clause (i).
       (B) Section 412(c)(7) is amended by adding at the end the 
     following new subparagraph:
       ``(E) Minimum amount.--
       ``(i) In general.--In no event shall the full-funding 
     limitation determined under subparagraph (A) be less than the 
     excess (if any) of--

       ``(I) 90 percent of the current liability of the plan 
     (including the expected increase in current liability due to 
     benefits accruing during the plan year), over
       ``(II) the value of the plan's assets determined under 
     paragraph (2).

       ``(ii) Current liability; assets.--For purposes of clause 
     (i)--

       ``(I) the term `current liability' has the meaning given 
     such term by subsection (l)(7) (without regard to 
     subparagraph (D) thereof), and
       ``(II) assets shall not be reduced by any credit balance in 
     the funding standard account.''

       (C) Subparagraph (B) of section 412(c)(7) is amended to 
     read as follows:
       ``(B) Current liability.--For purposes of subparagraph (D) 
     and subclause (I) of subparagraph (A)(i), the term `current 
     liability' has the meaning given such term by subsection 
     (l)(7) (without regard to subparagraphs (C) and (D) thereof) 
     and using the rate of interest used under subsection 
     (b)(5)(B).''
       (11) Reference to act.--Section 404(g)(4) is amended by 
     striking ``the Single-Employer Pension Plan Amendments Act of 
     1986'' and inserting ``the Retirement Protection Act of 
     1994''.
       (b) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to plan years 
     beginning after December 31, 1994.
       (2) Reference.--The amendment made by subsection (a)(11) 
     shall take effect on the date of the enactment of this Act.

     SEC. 752. LIMITATION ON CHANGES IN CURRENT LIABILITY 
                   ASSUMPTIONS.

       (a) In General.--Paragraph (5) of section 412(c) is 
     amended--
       (1) by striking ``If the funding method'' and inserting the 
     following:
       ``(A) In general.--If the funding method'', and
       (2) by adding at the end the following new subparagraph:
       ``(B) Approval required for certain changes in assumptions 
     by certain single-employer plans subject to additional 
     funding requirement.--
       ``(i) In general.--No actuarial assumption (other than the 
     assumptions described in subsection (l)(7)(C)) used to 
     determine the current liability for a plan to which this 
     subparagraph applies may be changed without the approval of 
     the Secretary.
       ``(ii) Plans to which subparagraph applies.--This 
     subparagraph shall apply to a plan only if--

       ``(I) the plan is a defined benefit plan (other than a 
     multiemployer plan) to which title IV of the Employee 
     Retirement Income Security Act of 1974 applies;

       ``(II) the aggregate unfunded vested benefits as of the 
     close of the preceding plan year (as determined under section 
     4006(a)(3)(E)(iii) of the Employee Retirement Income Security 
     Act of 1974) of such plan and all other plans maintained by 
     the contributing sponsors (as defined in section 4001(a)(13) 
     of such Act) and members of such sponsors' controlled groups 
     (as defined in section 4001(a)(14) of such Act) which are 
     covered by title IV of such Act (disregarding plans with no 
     unfunded vested benefits) exceed $50,000,000; and

       ``(III) the change in assumptions (determined after taking 
     into account any changes in interest rate and mortality 
     table) results in a decrease in the unfunded current 
     liability of the plan for the current plan year that exceeds 
     $50,000,000, or that exceeds $5,000,000 and that is 5 percent 
     or more of the current liability of the plan before such 
     change.''

       (b) Effective Date.--
       (1) In general.--The amendment made by this section shall 
     apply to changes in assumptions for plan years beginning 
     after October 28, 1993.
       (2) Certain changes cease to be effective.--In the case of 
     changes in assumptions for plan years beginning after 
     December 31, 1992, and on or before October 28, 1993, such 
     changes shall cease to be effective for plan years beginning 
     after December 31, 1994, if--
       (A) such change would have required the approval of the 
     Secretary of the Treasury had such amendment applied to such 
     change, and
       (B) such change is not so approved.

     SEC. 753. ANTICIPATION OF BARGAINED BENEFIT INCREASES.

       (a) In General.--Section 412(c) is amended by adding at the 
     end the following new paragraph:
       ``(12) Anticipation of benefit increases effective in the 
     future.--In determining projected benefits, the funding 
     method of a collectively bargained plan described in section 
     413(a) (other than a multiemployer plan) shall anticipate 
     benefit increases scheduled to take effect during the term of 
     the collective bargaining agreement applicable to the plan.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to plan years beginning after December 31, 1994, 
     with respect to collective bargaining agreements in effect on 
     or after January 1, 1995.

     SEC. 754. MODIFICATION OF QUARTERLY CONTRIBUTION REQUIREMENT.

       (a) In General.--Paragraph (1) of section 412(m) is 
     amended--
       (1) by inserting ``which has a funded current liability 
     percentage (as defined in subsection (l)(8)) for the 
     preceding plan year of less than 100 percent'' before 
     ``fails'', and
       (2) by striking ``any plan year'' and inserting ``the plan 
     year''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to plan years beginning after the date of 
     enactment of this Act.

     SEC. 755. EXCEPTIONS TO EXCISE TAX ON NONDEDUCTIBLE 
                   CONTRIBUTIONS.

       (a) In General.--Section 4972(c) is amended by adding at 
     the end the following new paragraph:
       ``(6) Exceptions.--In determining the amount of 
     nondeductible contributions for any taxable year, there shall 
     not be taken into account--
       ``(A) contributions that would be deductible under section 
     404(a)(1)(D) if the plan had more than 100 participants if--
       ``(i) the plan is covered under section 4021 of the 
     Employee Retirement Income Security Act of 1974, and
       ``(ii) the plan is terminated under section 4041(b) of such 
     Act on or before the last day of the taxable year, and
       ``(B) contributions to 1 or more defined contribution plans 
     which are not deductible when contributed solely because of 
     section 404(a)(7), but only to the extent such contributions 
     do not exceed 6 percent of compensation (within the meaning 
     of section 404(a)) paid or accrued (during the taxable year 
     for which the contributions were made) to beneficiaries under 
     the plans.

     If 1 or more defined benefit plans were taken into account in 
     determining the amount allowable as a deduction under section 
     404 for contributions to any defined contribution plan, 
     subparagraph (B) shall apply only if such defined benefit 
     plans are described in section 404(a)(1)(D). For purposes of 
     subparagraph (B), the deductible limits under section 
     404(a)(7) shall first be applied to amounts contributed to a 
     defined benefit plan and then to amounts described in 
     subparagraph (B).''
       (b) Effective Date.--
       (1) Section 4972(c)(6)(a).--Section 4972(c)(6)(A) of the 
     Internal Revenue Code of 1986 (as added by this section) 
     shall apply to taxable years ending on or after the date of 
     enactment of this Act.
       (2) Section 4972(c)(6)(b).--Section 4972(c)(6)(B) of such 
     Code (as added by this section) shall apply to taxable years 
     ending on or after December 31, 1992.

Subpart B--Amendments to the Employee Retirement Income Security Act of 
                                  1974

     SEC. 761. MINIMUM FUNDING REQUIREMENTS.

       (a) Amendments to Additional Funding Requirements for 
     Single-Employer Plans.--
       (1) Limitations on additional funding requirement for 
     certain plans.--
       (A) In general.--Paragraph (1) of section 302(d) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1082(d)) is amended by striking ``which has an unfunded 
     current liability'' and inserting ``to which this subsection 
     applies under paragraph (9)''.
       (B) Plans to which requirement applies.--Section 302(d) of 
     such Act is amended by adding at the end the following new 
     paragraph:
       ``(9) Applicability of subsection.--
       ``(A) In general.--Except as provided in paragraph (6)(A), 
     this subsection shall apply to a plan for any plan year if 
     its funded current liability percentage for such year is less 
     than 90 percent.
       ``(B) Exception for certain plans at least 80 percent 
     funded.--Subparagraph (A) shall not apply to a plan for a 
     plan year if--
       ``(i) the funded current liability percentage for the plan 
     year is at least 80 percent, and
       ``(ii) such percentage for each of the 2 immediately 
     preceding plan years (or each of the 2d and 3d immediately 
     preceding plan years) is at least 90 percent.
       ``(C) Funded current liability percentage.--For purposes of 
     subparagraphs (A) and (B), the term `funded current liability 
     percentage' has the meaning given such term by paragraph 
     (8)(B), except that such percentage shall be determined for 
     any plan year--
       ``(i) without regard to paragraph (8)(E), and
       ``(ii) by using the rate of interest which is the highest 
     rate allowable for the plan year under paragraph (7)(C).
       ``(D) Transition rules.--For purposes of this paragraph--
       ``(i) Funded percentage for years before 1995.--The funded 
     current liability percentage for any plan year beginning 
     before January 1, 1995, shall be treated as not less than 90 
     percent only if for such plan year the plan met one of the 
     following requirements (as in effect for such year):

       ``(I) The full-funding limitation under subsection (c)(7) 
     for the plan was zero.
       ``(II) The plan had no additional funding requirement under 
     this subsection (or would have had no such requirement if its 
     funded current liability percentage had been determined under 
     subparagraph (C)).
       ``(III) The plan's additional funding requirement under 
     this subsection did not exceed the lesser of 0.5 percent of 
     current liability or $5,000,000.

       ``(ii) Special rule for 1995 and 1996.--For purposes of 
     determining whether subparagraph (B) applies to any plan year 
     beginning in 1995 or 1996, a plan shall be treated as meeting 
     the requirements of subparagraph (B)(ii) if the plan met the 
     requirements of clause (i) of this subparagraph for any two 
     of the plan years beginning in 1992, 1993, and 1994 (whether 
     or not consecutive).''
       (2) Relationship of additional funding requirement to 
     funding standard account charges and credits.--
       (A) Clause (ii) of section 302(d)(1)(A) of such Act is 
     amended to read as follows:
       ``(ii) the sum of the charges for such plan year under 
     subsection (b)(2), reduced by the sum of the credits for such 
     plan year under subparagraph (B) of subsection (b)(3), 
     plus''.
       (B) The last sentence in section 302(d)(1) of such Act is 
     amended to read as follows:

     ``Such increase shall not exceed the amount which, after 
     taking into account charges (other than the additional charge 
     under this subsection) and credits under subsection (b), is 
     necessary to increase the funded current liability percentage 
     (taking into account the expected increase in current 
     liability due to benefits accruing during the plan year) to 
     100 percent.''
       (3) Amendment to deficit reduction contribution.--Paragraph 
     (2) of section 302(d) of such Act is amended--
       (A) by striking ``plus'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``, plus''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) the expected increase in current liability due to 
     benefits accruing during the plan year.''
       (4) Increase in current liability due to change in required 
     assumptions.--
       (A) Paragraph (3) of section 302(d) of such Act is amended 
     by adding at the end the following new subparagraphs:
       ``(D) Special rule for required changes in actuarial 
     assumptions.--
       ``(i) In general.--The unfunded old liability amount with 
     respect to any plan for any plan year shall be increased by 
     the amount necessary to amortize the amount of additional 
     unfunded old liability under the plan in equal annual 
     installments over a period of 12 plan years (beginning with 
     the first plan year beginning after December 31, 1994).
       ``(ii) Additional unfunded old liability.--For purposes of 
     clause (i), the term `additional unfunded old liability' 
     means the amount (if any) by which--

       ``(I) the current liability of the plan as of the beginning 
     of the first plan year beginning after December 31, 1994, 
     valued using the assumptions required by paragraph (7)(C) as 
     in effect for plan years beginning after December 31, 1994, 
     exceeds
       ``(II) the current liability of the plan as of the 
     beginning of such first plan year, valued using the same 
     assumptions used under subclause (I) (other than the 
     assumptions required by paragraph (7)(C)), using the prior 
     interest rate, and using such mortality assumptions as were 
     used to determine current liability for the first plan year 
     beginning after December 31, 1992.

       ``(iii) Prior interest rate.--For purposes of clause (ii), 
     the term `prior interest rate' means the rate of interest 
     that is the same percentage of the weighted average under 
     subsection (b)(5)(B)(ii)(I) for the first plan year beginning 
     after December 31, 1994, as the rate of interest used by the 
     plan to determine current liability for the first plan year 
     beginning after December 31, 1992, is of the weighted average 
     under subsection (b)(5)(B)(ii)(I) for such first plan year 
     beginning after December 31, 1992.
       ``(E) Optional rule for additional unfunded old 
     liability.--
       ``(i) In general.--If an employer makes an election under 
     clause (ii), the additional unfunded old liability for 
     purposes of subparagraph (D) shall be the amount (if any) by 
     which--

       ``(I) the unfunded current liability of the plan as of the 
     beginning of the first plan year beginning after December 31, 
     1994, valued using the assumptions required by paragraph 
     (7)(C) as in effect for plan years beginning after December 
     31, 1994, exceeds
       ``(II) the unamortized portion of the unfunded old 
     liability under the plan as of the beginning of the first 
     plan year beginning after December 31, 1994.

       ``(ii) Election.--

       ``(I) An employer may irrevocably elect to apply the 
     provisions of this subparagraph as of the beginning of the 
     first plan year beginning after December 31, 1994.
       ``(II) If an election is made under this clause, the 
     increase under paragraph (1) for any plan year beginning 
     after December 31, 1994, and before January 1, 2002, to which 
     this subsection applies (without regard to this subclause) 
     shall not be less than the increase that would be required 
     under paragraph (1) if the provisions of this title as in 
     effect for the last plan year beginning before January 1, 
     1995, had remained in effect.''

       (B) Clause (i) of section 302(d)(4)(B) of such Act is 
     amended by inserting ``, the unamortized portion of the 
     additional unfunded old liability,'' after ``old liability''.
       (5) Applicable percentage for determining unfunded new 
     liability amount.--Subparagraph (C) of section 302(d)(4) of 
     such Act is amended--
       (A) by striking ``.25'' and inserting ``.40'', and
       (B) by striking ``35'' and inserting ``60''.
       (6) Unpredictable contingent event amount.--
       (A) Subparagraph (A) of section 302(d)(5) of such Act is 
     amended--
       (i) by striking ``greater of'' and inserting ``greatest 
     of'' before clause (i);
       (ii) by striking ``or'' at the end of clause (i);
       (iii) by striking the period at the end of clause (ii) and 
     inserting ``, or''; and
       (iv) by adding after clause (ii) the following new clause:
       ``(iii) the additional amount that would be determined 
     under paragraph (4)(A) if the unpredictable contingent event 
     benefit liabilities were included in unfunded new liability 
     notwithstanding paragraph (4)(B)(ii).''
       (B) Paragraph (5) of section 302(d) of such Act is amended 
     by adding at the end the following new subparagraph:
       ``(E) Limitation.--The present value of the amounts 
     described in subparagraph (A) with respect to any one event 
     shall not exceed the unpredictable contingent event benefit 
     liabilities attributable to that event.''
       (C) Clause (ii) of section 302(e)(4)(D) of such Act is 
     amended--
       (i) by striking ``greater of'' and inserting ``greatest 
     of'' before subclause (I);
       (ii) by striking ``or'' at the end of subclause (I);
       (iii) by striking the period at the end of subclause (II) 
     and inserting ``, or''; and
       (iv) by adding after subclause (II) the following new 
     clause:

       ``(III) 25 percent of the amount determined under 
     subsection (d)(5)(A)(iii) for the plan year.''

       (7) Required interest rate and mortality assumptions for 
     determining current liability.--
       (A) In general.--Subparagraph (C) of section 302(d)(7) of 
     such Act is amended to read as follows:
       ``(C) Interest rate and mortality assumptions used.--
     Effective for plan years beginning after December 31, 1994--
       ``(i) Interest rate.--

       ``(I) In general.--The rate of interest used to determine 
     current liability under this subsection shall be the rate of 
     interest used under subsection (b)(5), except that the 
     highest rate in the permissible range under subparagraph 
     (B)(ii) thereof shall not exceed the specified percentage 
     under subclause (II) of the weighted average referred to in 
     such subparagraph.
       ``(II) Specified percentage.--For purposes of subclause 
     (I), the specified percentage shall be determined as follows:

The specified percentage is:beginning in calendar year:
  1995..........................................................109....

  1996..........................................................108....

  1997..........................................................107....

  1998..........................................................106....

  1999 and thereafter..........................................105.....

       ``(ii) Mortality tables.--

       ``(I) Commissioners' standard table.--In the case of plan 
     years beginning before the first plan year to which the first 
     tables prescribed under subclause (II) apply, the mortality 
     table used in determining current liability under this 
     subsection shall be the table prescribed by the Secretary of 
     the Treasury which is based on the prevailing commissioners' 
     standard table (described in section 807(d)(5)(A) of the 
     Internal Revenue Code of 1986) used to determine reserves for 
     group annuity contracts issued on January 1, 1993.
       ``(II) Secretarial authority.--The Secretary of the 
     Treasury may by regulation prescribe for plan years beginning 
     after December 31, 1999, mortality tables to be used in 
     determining current liability under this subsection. Such 
     tables shall be based upon the actual experience of pension 
     plans and projected trends in such experience. In prescribing 
     such tables, the Secretary of the Treasury shall take into 
     account results of available independent studies of mortality 
     of individuals covered by pension plans.
       ``(III) Periodic review.--The Secretary of the Treasury 
     shall periodically (at least every 5 years) review any tables 
     in effect under this subsection and shall, to the extent the 
     Secretary determines necessary, by regulation update the 
     tables to reflect the actual experience of pension plans and 
     projected trends in such experience.

       ``(iii) Separate mortality tables for the disabled.--
     Notwithstanding clause (ii)--

       ``(I) In general.--In the case of plan years beginning 
     after December 31, 1995, the Secretary of the Treasury shall 
     establish mortality tables which may be used (in lieu of the 
     tables under clause (ii)) to determine current liability 
     under this subsection for individuals who are entitled to 
     benefits under the plan on account of disability. Such 
     Secretary shall establish separate tables for individuals 
     whose disabilities occur in plan years beginning before 
     January 1, 1995, and for individuals whose disabilities occur 
     in plan years beginning on or after such date.
       ``(II) Special rule for disabilities occurring after 
     1994.--In the case of disabilities occurring in plan years 
     beginning after December 31, 1994, the tables under subclause 
     (I) shall apply only with respect to individuals described in 
     such subclause who are disabled within the meaning of title 
     II of the Social Security Act and the regulations thereunder.
       ``(III) Plan years beginning in 1995.--In the case of any 
     plan year beginning in 1995, a plan may use its own mortality 
     assumptions for individuals who are entitled to benefits 
     under the plan on account of disability.''

       (B) Amortization of unfunded mortality increase amount.--
       (i) In general.--Paragraph (2) of section 302(d) of such 
     Act, as amended by paragraph (3), is amended by striking 
     ``plus'' at the end of subparagraph (B), by striking the 
     period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(D) the aggregate of the unfunded mortality increase 
     amounts.''
       (ii) Unfunded mortality increase amount.--Section 302(d) of 
     such Act, as amended by paragraph (1), is amended by adding 
     at the end the following new paragraph:
       ``(10) Unfunded mortality increase amount.--
       ``(A) In general.--The unfunded mortality increase amount 
     with respect to each unfunded mortality increase is the 
     amount necessary to amortize such increase in equal annual 
     installments over a period of 10 plan years (beginning with 
     the first plan year for which a plan uses any new mortality 
     table issued under paragraph (7)(C)(ii)(II) or (III)).
       ``(B) Unfunded mortality increase.--For purposes of 
     subparagraph (A), the term `unfunded mortality increase' 
     means an amount equal to the excess of--
       ``(i) the current liability of the plan for the first plan 
     year for which a plan uses any new mortality table issued 
     under paragraph (7)(C)(ii)(II) or (III), over
       ``(ii) the current liability of the plan for such plan year 
     which would have been determined if the mortality table in 
     effect for the preceding plan year had been used.''
       (iii) Conforming amendment.--Clause (i) of section 
     302(d)(4)(B) of such Act, as amended by paragraph (4)(B), is 
     amended by inserting ``the unamortized portion of each 
     unfunded mortality increase,'' after ``additional unfunded 
     old liability,''.
       (8) Transition rule.--Section 302(d) of such Act, as 
     amended by paragraph (7), is amended by adding at the end the 
     following new paragraph:
       ``(11) Phase-in of increases in funding required by 
     retirement protection act of 1994.--
       ``(A) In general.--For any applicable plan year, at the 
     election of the employer, the increase under paragraph (1) 
     shall not exceed the greater of--
       ``(i) the increase that would be required under paragraph 
     (1) if the provisions of this title as in effect for plan 
     years beginning before January 1, 1995, had remained in 
     effect, or
       ``(ii) the amount which, after taking into account charges 
     (other than the additional charge under this subsection) and 
     credits under subsection (b), is necessary to increase the 
     funded current liability percentage (taking into account the 
     expected increase in current liability due to benefits 
     accruing during the plan year) for the applicable plan year 
     to a percentage equal to the sum of the initial funded 
     current liability percentage of the plan plus the applicable 
     number of percentage points for such applicable plan year.
       ``(B) Applicable number of percentage points.--
       ``(i) Initial funded current liability percentage of 75 
     percent or less.--Except as provided in clause (ii), for 
     plans with an initial funded current liability percentage of 
     75 percent or less, the applicable number of percentage 
     points for the applicable plan year is:

         ``In the case                                   The applicable
           of applicable                                      number of
           plan years                                        percentage
           beginning in:                                     points is:
           1995....................................................   3
           1996....................................................   6
           1997....................................................   9
           1998....................................................  12
           1999....................................................  15
           2000....................................................  19
           2001.................................................... 24.

       ``(ii) Other cases.--In the case of a plan to which this 
     clause applies, the applicable number of percentage points 
     for any such applicable plan year is the sum of--

       ``(I) 2 percentage points;
       ``(II) the applicable number of percentage points (if any) 
     under this clause for the preceding applicable plan year;
       ``(III) the product of .10 multiplied by the excess (if 
     any) of (a) 85 percentage points over (b) the sum of the 
     initial funded current liability percentage and the number 
     determined under subclause (II);
       ``(IV) for applicable plan years beginning in 2000, 1 
     percentage point; and
       ``(V) for applicable plan years beginning in 2001, 2 
     percentage points.

       ``(iii) Plans to which clause (ii) applies.--

       ``(I) In general.--Clause (ii) shall apply to a plan for an 
     applicable plan year if the initial funded current liability 
     percentage of such plan is more than 75 percent.
       ``(II) Plans initially under clause (i).--In the case of a 
     plan which (but for this subclause) has an initial funded 
     current liability percentage of 75 percent or less, clause 
     (ii) (and not clause (i)) shall apply to such plan with 
     respect to applicable plan years beginning after the first 
     applicable plan year for which the sum of the initial funded 
     current liability percentage and the applicable number of 
     percentage points (determined under clause (i)) exceeds 75 
     percent. For purposes of applying clause (ii) to such a plan, 
     the initial funded current liability percentage of such plan 
     shall be treated as being the sum referred to in the 
     preceding sentence.

       ``(C) Definitions.--For purposes of this paragraph--
       ``(i) The term `applicable plan year' means a plan year 
     beginning after December 31, 1994, and before January 1, 
     2002.
       ``(ii) The term `initial funded current liability 
     percentage' means the funded current liability percentage as 
     of the first day of the first plan year beginning after 
     December 31, 1994.''
       (9) Liquidity requirement.--
       (A) In general.--Section 302(e) of such Act is amended by 
     redesignating paragraph (5) as paragraph (6) and by inserting 
     after paragraph (4) the following new paragraph:
       ``(5) Liquidity requirement.--
       ``(A) In general.--A plan to which this paragraph applies 
     shall be treated as failing to pay the full amount of any 
     required installment to the extent that the value of the 
     liquid assets paid in such installment is less than the 
     liquidity shortfall (whether or not such liquidity shortfall 
     exceeds the amount of such installment required to be paid 
     but for this paragraph).
       ``(B) Plans to which paragraph applies.--This paragraph 
     shall apply to a defined benefit plan (other than a 
     multiemployer plan or a plan described in subsection 
     (d)(6)(A)) which--
       ``(i) is required to pay installments under this subsection 
     for a plan year, and
       ``(ii) has a liquidity shortfall for any quarter during 
     such plan year.
       ``(C) Period of underpayment.--For purposes of paragraph 
     (1), any portion of an installment that is treated as not 
     paid under subparagraph (A) shall continue to be treated as 
     unpaid until the close of the quarter in which the due date 
     for such installment occurs.
       ``(D) Limitation on increase.--If the amount of any 
     required installment is increased by reason of subparagraph 
     (A), in no event shall such increase exceed the amount which, 
     when added to prior installments for the plan year, is 
     necessary to increase the funded current liability percentage 
     (taking into account the expected increase in current 
     liability due to benefits accruing during the plan year) to 
     100 percent.
       ``(E) Definitions.--For purposes of this paragraph--
       ``(i) Liquidity shortfall.--The term `liquidity shortfall' 
     means, with respect to any required installment, an amount 
     equal to the excess (as of the last day of the quarter for 
     which such installment is made) of the base amount with 
     respect to such quarter over the value (as of such last day) 
     of the plan's liquid assets.
       ``(ii) Base amount.--

       ``(I) In general.--The term `base amount' means, with 
     respect to any quarter, an amount equal to 3 times the sum of 
     the adjusted disbursements from the plan for the 12 months 
     ending on the last day of such quarter.
       ``(II) Special rule.--If the amount determined under clause 
     (i) exceeds an amount equal to 2 times the sum of the 
     adjusted disbursements from the plan for the 36 months ending 
     on the last day of the quarter and an enrolled actuary 
     certifies to the satisfaction of the Secretary of the 
     Treasury that such excess is the result of nonrecurring 
     circumstances, the base amount with respect to such quarter 
     shall be determined without regard to amounts related to 
     those nonrecurring circumstances.

       ``(iii) Disbursements from the plan.--The term 
     `disbursements from the plan' means all disbursements from 
     the trust, including purchases of annuities, payments of 
     single sums and other benefits, and administrative expenses.
       ``(iv) Adjusted disbursements.--The term `adjusted 
     disbursements' means disbursements from the plan reduced by 
     the product of--

       ``(I) the plan's funded current liability percentage (as 
     defined in subsection (d)(8)) for the plan year, and
       ``(II) the sum of the purchases of annuities, payments of 
     single sums, and such other disbursements as the Secretary of 
     the Treasury shall provide in regulations.

       ``(v) Liquid assets.--The term `liquid assets' means cash, 
     marketable securities and such other assets as specified by 
     the Secretary of the Treasury in regulations.
       ``(vi) Quarter.--The term `quarter' means, with respect to 
     any required installment, the 3-month period preceding the 
     month in which the due date for such installment occurs.
       ``(F) Regulations.--The Secretary of the Treasury may 
     prescribe such regulations as are necessary to carry out this 
     paragraph.''
       (B) Limitation on distributions other than life annuities 
     paid by the plan.--
       (i) Section 206 of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1056) is amended by adding at the end 
     the following new subsection:
       ``(e) Limitation on Distributions Other Than Life Annuities 
     Paid By The Plan.--
       ``(1) In general.--Notwithstanding any other provision of 
     this part, the fiduciary of a pension plan that is subject to 
     the additional funding requirements of section 302(d) shall 
     not permit a prohibited payment to be made from a plan during 
     a period in which such plan has a liquidity shortfall (as 
     defined in section 302(e)(5)).
       ``(2) Prohibited payment.--For purposes of paragraph (1), 
     the term `prohibited payment' means--
       ``(A) any payment, in excess of the monthly amount paid 
     under a single life annuity (plus any social security 
     supplements described in the last sentence of section 
     204(b)(1)(G)), to a participant or beneficiary whose annuity 
     starting date (as defined in section 205(h)(2)), that occurs 
     during the period referred to in paragraph (1),
       ``(B) any payment for the purchase of an irrevocable 
     commitment from an insurer to pay benefits, and
       ``(C) any other payment specified by the Secretary of the 
     Treasury by regulations.
       ``(3) Period of shortfall.--For purposes of this 
     subsection, a plan has a liquidity shortfall during the 
     period that there is an underpayment of an installment under 
     section 302(e) by reason of paragraph (5)(A) thereof.
       ``(4) Coordination with other provisions.--Compliance with 
     this subsection shall not constitute a violation of any other 
     provision of this Act.''
       (ii) Section 502 of such Act is amended by adding at the 
     end a new subsection (m) to read as follows:
       ``(m) In the case of a distribution to a pension plan 
     participant or beneficiary in violation of section 206(e) by 
     a plan fiduciary, the Secretary shall assess a penalty 
     against such fiduciary in an amount equal to the value of the 
     distribution. Such penalty shall not exceed $10,000 for each 
     such distribution.''
       (10) Amendment to definition of full-funding limitation.--
       (A) Subparagraph (A) of section 302(c)(7) of such Act is 
     amended by inserting ``(including the expected increase in 
     current liability due to benefits accruing during the plan 
     year)'' after ``current liability'' in clause (i).
       (B) Section 302(c)(7) of such Act is amended by adding at 
     the end the following new subparagraph:
       ``(E) Minimum amount.--
       ``(i) In general.--In no event shall the full-funding 
     limitation determined under subparagraph (A) be less than the 
     excess (if any) of--

       ``(I) 90 percent of the current liability of the plan 
     (including the expected increase in current liability due to 
     benefits accruing during the plan year), over
       ``(II) the value of the plan's assets determined under 
     paragraph (2).

       ``(ii) Current liability; assets.--For purposes of clause 
     (i)--

       ``(I) the term `current liability' has the meaning given 
     such term by subsection (d)(7) (without regard to 
     subparagraph (D) thereof), and
       ``(II) assets shall not be reduced by any credit balance in 
     the funding standard account.''

       (C) Subparagraph (B) of section 302(c)(7) of such Act is 
     amended to read as follows:
       ``(B) Current liability.--For purposes of subparagraph (D) 
     and subclause (I) of subparagraph (A)(i), the term `current 
     liability' has the meaning given such term by subsection 
     (d)(7) (without regard to subparagraphs (C) and (D) thereof) 
     and using the rate of interest used under subsection 
     (b)(5)(B).''
       (11) Definition of contributing sponsor.--Paragraph (13) of 
     section 4001(a) of such Act (29 U.S.C. 1301(a)(13)) is 
     amended by striking ``means a person--'' and all that follows 
     and inserting ``means a person described in section 
     302(c)(11)(A) of this Act (without regard to section 
     302(c)(11)(B) of this Act) or section 412(c)(11)(A) of the 
     Internal Revenue Code of 1986 (without regard to section 
     412(c)(11)(B) of such Code).''
       (b) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to plan years 
     beginning after December 31, 1994.
       (2) Contributing sponsor.--The amendment made by subsection 
     (a)(11) shall be effective as if included in the Pension 
     Protection Act.

     SEC. 762. LIMITATION ON CHANGES IN CURRENT LIABILITY 
                   ASSUMPTIONS.

       (a) In General.--Paragraph (5) of section 302(c) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1082(c)(5)) is amended--
       (1) by striking ``If the funding method'' and inserting the 
     following:
       ``(A) In general.--If the funding method'', and
       (2) by adding at the end the following new subparagraph:
       ``(B) Approval required for certain changes in assumptions 
     by certain single-employer plans subject to additional 
     funding requirement.--
       ``(i) In general.--No actuarial assumption (other than the 
     assumptions described in subsection (d)(7)(C)) used to 
     determine the current liability for a plan to which this 
     subparagraph applies may be changed without the approval of 
     the Secretary of the Treasury.
       ``(ii) Plans to which subparagraph applies.--This 
     subparagraph shall apply to a plan only if--

       ``(I) the plan is a defined benefit plan (other than a 
     multiemployer plan) to which title IV applies;

       ``(II) the aggregate unfunded vested benefits as of the 
     close of the preceding plan year (as determined under section 
     4006(a)(3)(E)(iii)) of such plan and all other plans 
     maintained by the contributing sponsors (as defined in 
     section 4001(a)(13)) and members of such sponsors' controlled 
     groups (as defined in section 4001(a)(14)) which are covered 
     by title IV (disregarding plans with no unfunded vested 
     benefits) exceed $50,000,000; and

       ``(III) the change in assumptions (determined after taking 
     into account any changes in interest rate and mortality 
     table) results in a decrease in the unfunded current 
     liability of the plan for the current plan year that exceeds 
     $50,000,000, or that exceeds $5,000,000 and that is 5 percent 
     or more of the current liability of the plan before such 
     change.''

       (b) Effective Date.--
       (1) In general.--The amendment made by this section shall 
     apply to changes in assumptions for plan years beginning 
     after October 28, 1993.
       (2) Certain changes cease to be effective.--In the case of 
     changes in assumptions for plan years beginning after 
     December 31, 1992, and on or before October 28, 1993, such 
     changes shall cease to be effective for plan years beginning 
     after December 31, 1994, if--
       (A) such change would have required the approval of the 
     Secretary of the Treasury had such amendment applied to such 
     change, and
       (B) such change is not so approved.

     SEC. 763. ANTICIPATION OF BARGAINED BENEFIT INCREASES.

       (a) In General.--Section 302(c) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1082(c)) is amended by 
     adding at the end the following new paragraph:
       ``(12) Anticipation of benefit increases effective in the 
     future.--In determining projected benefits, the funding 
     method of a collectively bargained plan described in section 
     413(a) of the Internal Revenue Code of 1986 (other than a 
     multiemployer plan) shall anticipate benefit increases 
     scheduled to take effect during the term of the collective 
     bargaining agreement applicable to the plan.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to plan years beginning after December 31, 1994 
     with respect to collective bargaining agreements in effect on 
     or after January 1, 1995.

     SEC. 764. MODIFICATION OF QUARTERLY CONTRIBUTION REQUIREMENT.

       (a) In General.--Paragraph (1) of section 302(e) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1082(e)) is amended--
       (1) by inserting ``which has a funded current liability 
     percentage (as defined in subsection (d)(8)) for the 
     preceding plan year of less than 100 percent'' before 
     ``fails'', and
       (2) by striking ``any plan year'' and inserting ``the plan 
     year''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to plan years beginning after the date of 
     enactment of this Act.

                  Subpart C--Other Funding Provisions

     SEC. 766. PROHIBITION ON BENEFIT INCREASES WHERE PLAN SPONSOR 
                   IS IN BANKRUPTCY.

       (a) Amendment to the Employee Retirement Income Security 
     Act of 1974.--Section 204 of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1054) is amended by 
     redesignating subsection (i) as (j) and inserting after 
     subsection (h) the following new subsection:
       ``(i)(1) In the case of a plan described in paragraph (3) 
     which is maintained by an employer that is a debtor in a case 
     under title 11, United States Code, or similar Federal or 
     State law, no amendment of the plan which increases the 
     liabilities of the plan by reason of--
       ``(A) any increase in benefits,
       ``(B) any change in the accrual of benefits, or
       ``(C) any change in the rate at which benefits become 
     nonforfeitable under the plan,

     with respect to employees of the debtor, shall be effective 
     prior to the effective date of such employer's plan of 
     reorganization.
       ``(2) Paragraph (1) shall not apply to any plan amendment 
     that--
       ``(A) the Secretary of the Treasury determines to be 
     reasonable and that provides for only de minimis increases in 
     the liabilities of the plan with respect to employees of the 
     debtor,
       ``(B) only repeals an amendment described in section 
     302(c)(8),
       ``(C) is required as a condition of qualification under 
     part I of subchapter D of chapter 1 of the Internal Revenue 
     Code of 1986, or
       ``(D) was adopted prior to, or pursuant to a collective 
     bargaining agreement entered into prior to, the date on which 
     the employer became a debtor in a case under title 11, United 
     States Code, or similar Federal or State law.
       ``(3) This subsection shall apply only to plans (other than 
     multiemployer plans) covered under section 4021 of this Act 
     for which the funded current liability percentage (within the 
     meaning of section 302(d)(8) of this Act) is less than 100 
     percent after taking into account the effect of the 
     amendment.
       ``(4) For purposes of this subsection, the term `employer' 
     has the meaning set forth in section 302(c)(11)(A), without 
     regard to section 302(c)(11)(B).''
       (b) Amendment to Internal Revenue Code of 1986.--Section 
     401(a), as amended by section 751 of this Act, is further 
     amended by adding at the end the following new paragraph:
       ``(33) Prohibition on benefit increases while sponsor is in 
     bankruptcy.--
       ``(A) In general.--A trust which is part of a plan to which 
     this paragraph applies shall not constitute a qualified trust 
     under this section if an amendment to such plan is adopted 
     while the employer is a debtor in a case under title 11, 
     United States Code, or similar Federal or State law, if such 
     amendment increases liabilities of the plan by reason of--
       ``(i) any increase in benefits,
       ``(ii) any change in the accrual of benefits, or
       ``(iii) any change in the rate at which benefits become 
     nonforfeitable under the plan,

     with respect to employees of the debtor, and such amendment 
     is effective prior to the effective date of such employer's 
     plan of reorganization.
       ``(B) Exceptions.--This paragraph shall not apply to any 
     plan amendment if--
       ``(i) the plan, were such amendment to take effect, would 
     have a funded current liability percentage (as defined in 
     section 412(l)(8)) of 100 percent or more,
       ``(ii) the Secretary determines that such amendment is 
     reasonable and provides for only de minimis increases in the 
     liabilities of the plan with respect to employees of the 
     debtor,
       ``(iii) such amendment only repeals an amendment described 
     in subsection 412(c)(8), or
       ``(iv) such amendment is required as a condition of 
     qualification under this part.
       ``(C) Plans to which this paragraph applies.--This 
     paragraph shall apply only to plans (other than multiemployer 
     plans) covered under section 4021 of the Employee Retirement 
     Income Security Act of 1974.
       ``(D) Employer.--For purposes of this paragraph, the term 
     `employer' means the employer referred to in section 
     412(c)(11) (without regard to subparagraph (B) thereof).''
       (c) Effective Date of Plan Amendment.--Section 4022 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1322) is amended by inserting at the end the following new 
     subsection:
       ``(f) For purposes of this section, the effective date of a 
     plan amendment described in section 204(i)(1) shall be the 
     effective date of the plan of reorganization of the employer 
     described in section 204(i)(1) or, if later, the effective 
     date stated in such amendment.''
       (d) Effective Date.--The amendments made by this section 
     shall apply to plan amendments adopted on or after the date 
     of enactment of this Act.

     SEC. 767. SINGLE SUM DISTRIBUTIONS.

       (a) Amendments to Internal Revenue Code of 1986 Relating to 
     Minimum Benefits.--
       (1) Determination of present value for purposes of 
     restrictions on mandatory distributions.--Subparagraph (B) of 
     section 411(a)(11) is amended to read as follows:
       ``(B) Determination of present value.--For purposes of 
     subparagraph (A), the present value shall be calculated in 
     accordance with section 417(e)(3).''
       (2) Determination of present value for purposes of 
     restrictions on cash-outs.--Paragraph (3) of section 417(e) 
     is amended to read as follows:
       ``(3) Determination of present value.--
       ``(A) In general.--
       ``(i) Present value.--Except as provided in subparagraph 
     (B), for purposes of paragraphs (1) and (2), the present 
     value shall not be less than the present value calculated by 
     using the applicable mortality table and the applicable 
     interest rate.
       ``(ii) Definitions.--For purposes of clause (i)--

       ``(I) Applicable mortality table.--The term `applicable 
     mortality table' means the table prescribed by the Secretary. 
     Such table shall be based on the prevailing commissioners' 
     standard table (described in section 807(d)(5)(A)) used to 
     determine reserves for group annuity contracts issued on the 
     date as of which present value is being determined (without 
     regard to any other subparagraph of section 807(d)(5)).
       ``(II) Applicable interest rate.--The term `applicable 
     interest rate' means the annual rate of interest on 30-year 
     Treasury securities for the month before the date of 
     distribution or such other time as the Secretary may by 
     regulations prescribe.

       ``(B) Exception.--In the case of a distribution from a plan 
     that was adopted and in effect before the date of the 
     enactment of the Retirement Protection Act of 1994, the 
     present value of any distribution made before the earlier 
     of--
       ``(i) the later of the date a plan amendment applying 
     subparagraph (A) is adopted or made effective, or
       ``(ii) the first day of the first plan year beginning after 
     December 31, 1999,

     shall be calculated, for purposes of paragraphs (1) and (2), 
     using the interest rate determined under the regulations of 
     the Pension Benefit Guaranty Corporation for determining the 
     present value of a lump sum distribution on plan termination 
     that were in effect on September 1, 1993, and using the 
     provisions of the plan as in effect on the day before such 
     date of enactment; but only if such provisions of the plan 
     met the requirements of section 417(e)(3) as in effect on the 
     day before such date of enactment.''
       (b) Amendments to Internal Revenue Code of 1986 Relating to 
     Maximum Benefits.--Subparagraph (E) of section 415(b)(2) is 
     amended--
       (1) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively,
       (2) by striking clause (i) and inserting the following new 
     clauses:
       ``(i) Except as provided in clause (ii), for purposes of 
     adjusting any benefit or limitation under subparagraph (B) or 
     (C), the interest rate assumption shall not be less than the 
     greater of 5 percent or the rate specified in the plan.
       ``(ii) For purposes of adjusting the benefit or limitation 
     of any form of benefit subject to section 417(e)(3), the 
     applicable interest rate (as defined in section 417(e)(3)) 
     shall be substituted for `5 percent' in clause (i).'', and
       (3) by adding at the end the following new clause:
       ``(v) For purposes of adjusting any benefit or limitation 
     under subparagraph (B), (C), or (D), the mortality table used 
     shall be the table prescribed by the Secretary. Such table 
     shall be based on the prevailing commissioners' standard 
     table (described in section 807(d)(5)(A)) used to determine 
     reserves for group annuity contracts issued on the date the 
     adjustment is being made (without regard to any other 
     subparagraph of section 807(d)(5)).''
       (c) Amendments to Employee Retirement Income Security Act 
     of 1974.--
       (1) Determination of present value for purposes of 
     restrictions on mandatory distributions.--Section 203(e)(2) 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1053(e)(2)) is amended to read as follows:
       ``(2) For purposes of paragraph (1), the present value 
     shall be calculated in accordance with section 205(g)(3).''
       (2) Determination of present value for purposes of 
     restrictions on cash-outs.--Section 205(g)(3) of such Act (29 
     U.S.C. 1055(g)(3)) is amended to read as follows:
       ``(3) Determination of present value.--
       ``(A) In general.--
       ``(i) Present value.--Except as provided in subparagraph 
     (B), for purposes of paragraphs (1) and (2), the present 
     value shall not be less than the present value calculated by 
     using the applicable mortality table and the applicable 
     interest rate.
       ``(ii) Definitions.--For purposes of clause (i)--

       ``(I) Applicable mortality table.--The term `applicable 
     mortality table' means the table prescribed by the Secretary 
     of the Treasury. Such table shall be based on the prevailing 
     commissioners' standard table (described in section 
     807(d)(5)(A) of the Internal Revenue Code of 1986) used to 
     determine reserves for group annuity contracts issued on the 
     date as of which present value is being determined (without 
     regard to any other subparagraph of section 807(d)(5) of such 
     Code).
       ``(II) Applicable interest rate.--The term `applicable 
     interest rate' means the annual rate of interest on 30-year 
     Treasury securities for the month before the date of 
     distribution or such other time as the Secretary of the 
     Treasury may by regulations prescribe.

       ``(B) Exception.--In the case of a distribution from a plan 
     that was adopted and in effect prior to the date of the 
     enactment of the Retirement Protection Act of 1994, the 
     present value of any distribution made before the earlier 
     of--
       ``(i) the later of when a plan amendment applying 
     subparagraph (A) is adopted or made effective, or
       ``(ii) the first day of the first plan year beginning after 
     December 31, 1999,

     shall be calculated, for purposes of paragraphs (1) and (2), 
     using the interest rate determined under the regulations of 
     the Pension Benefit Guaranty Corporation for determining the 
     present value of a lump sum distribution on plan termination 
     that were in effect on September 1, 1993, and using the 
     provisions of the plan as in effect on the day before such 
     date of enactment; but only if such provisions of the plan 
     met the requirements of section 205(g)(3) as in effect on the 
     day before such date of enactment.''
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to plan years and limitation years beginning after 
     December 31, 1994; except that an employer may elect to treat 
     the amendments made by this section as being effective on or 
     after the date of the enactment of this Act.
       (2) No reduction in accrued benefits.--A participant's 
     accrued benefit shall not be considered to be reduced in 
     violation of section 411(d)(6) of the Internal Revenue Code 
     of 1986 or section 204(g) of the Employee Retirement Income 
     Security Act of 1974 merely because (A) the benefit is 
     determined in accordance with section 417(e)(3)(A) of such 
     Code, as amended by this Act, or section 205(g)(3) of the 
     Employee Retirement Income Security Act of 1974, as amended 
     by this Act, or (B) the plan applies section 415(b)(2)(E) of 
     such Code, as amended by this Act.
       (3) Section 415.--
       (A) No reduction required.--An accrued benefit shall not be 
     required to be reduced below the accrued benefit as of the 
     last day of the last plan year beginning before January 1, 
     1995, merely because of the amendments made by subsection 
     (b).
       (B) Timing of plan amendment.--A plan that operates in 
     accordance with the amendments made by subsection (b) shall 
     not be treated as failing to satisfy section 401(a) of the 
     Internal Revenue Code of 1986 or as not being operated in 
     accordance with the provisions of the plan until such date as 
     the Secretary of the Treasury provides merely because the 
     plan has not been amended to include the amendments made by 
     subsection (b).

     SEC. 768. ADJUSTMENTS TO LIEN FOR MISSED MINIMUM FUNDING 
                   CONTRIBUTIONS.

       (a) Amendments to the Internal Revenue Code of 1986.--
       (1) Clarification of applicability of provision.--Paragraph 
     (2) of section 412(n) is amended by adding at the end the 
     following new sentence: ``This subsection shall not apply to 
     any plan to which section 4021 of the Employee Retirement 
     Income Security Act of 1974 does not apply (as such section 
     is in effect on the date of the enactment of the Retirement 
     Protection Act of 1994).''.
       (2) Repeal of $1,000,000 offset.--Paragraph (3) of section 
     412(n) is amended to read as follows:
       ``(3) Amount of lien.--For purposes of paragraph (1), the 
     amount of the lien shall be equal to the aggregate unpaid 
     balance of required installments and other payments required 
     under this section (including interest)--
       ``(A) for plan years beginning after 1987, and
       ``(B) for which payment has not been made before the due 
     date.''
       (3) Repeal of 60-day delay.--Section 412(n)(4)(B) is 
     amended by striking ``60th day following the''.
       (b) Amendments to the Employee Retirement Income Security 
     Act of 1974.--
       (1) Clarification of applicability of provision.--Section 
     302(f)(1) of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1082(f)(1)) is amended by striking ``to which 
     this section applies'' and inserting ``covered under section 
     4021 of this Act''.
       (2) Repeal of $1,000,000 offset.--Paragraph (3) of section 
     302(f) of such Act is amended to read as follows:
       ``(3) Amount of lien.--For purposes of paragraph (1), the 
     amount of the lien shall be equal to the aggregate unpaid 
     balance of required installments and other payments required 
     under this section (including interest)--
       ``(A) for plan years beginning after 1987, and
       ``(B) for which payment has not been made before the due 
     date.''
       (3) Repeal of 60-day delay.--Section 302(f)(4)(B) of such 
     Act is amended by striking ``60th day following the''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective for installments and other payments 
     required under section 412 of the Internal Revenue Code of 
     1986 or under part 3 of subtitle B of the Employee Retirement 
     Income Security Act of 1974 that become due on or after the 
     date of enactment.

     SEC. 769. SPECIAL FUNDING RULES FOR CERTAIN PLANS.

       (a) Funding Rules Not To Apply to Certain Plans.--Any 
     changes made by this Act to section 412 of the Internal 
     Revenue Code of 1986 or to part 3 of subtitle B of title I of 
     the Employee Retirement Income Security Act of 1974 shall not 
     apply to--
       (1) a plan which is, on the date of enactment of this Act, 
     subject to a restoration payment schedule order issued by the 
     Pension Benefit Guaranty Corporation that meets the 
     requirements of section 1.412(c)(1)-3 of the Treasury 
     Regulations, or
       (2) a plan established by an affected air carrier (as 
     defined under section 4001(a)(14)(C)(ii)(I) of such Act) and 
     assumed by a new plan sponsor pursuant to the terms of a 
     written agreement with the Pension Benefit Guaranty 
     Corporation dated January 5, 1993, and approved by the United 
     States Bankruptcy Court for the District of Delaware on 
     December 30, 1992.
       (b) Change in Actuarial Method.--Any amortization 
     installments for bases established under section 412(b) of 
     the Internal Revenue Code of 1986 and section 302(b) of the 
     Employee Retirement Income Security Act of 1974 for plan 
     years beginning after December 31, 1987, and before January 
     1, 1993, by reason of nonelective changes under the frozen 
     entry age actuarial cost method shall not be included in the 
     calculation of offsets under section 412(l)(1)(A)(ii) of such 
     Code and section 302(d)(1)(A)(ii) of such Act for the 1st 5 
     plan years beginning after December 31, 1994.

  PART II--AMENDMENTS RELATED TO TITLE IV OF THE EMPLOYEE RETIREMENT 
                      INCOME SECURITY ACT OF 1974

     SEC. 771. REPORTABLE EVENTS.

       (a) Responsibility for Reportable Events Reporting.--
     Section 4043(a) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1343(a)) is amended--
       (1) in the first sentence, by inserting ``or the 
     contributing sponsor'' before ``knows or has reason to 
     know'';
       (2) in the first sentence, by inserting ``, unless a notice 
     otherwise required under this subsection has already been 
     provided with respect to such event'' before the period at 
     the end; and
       (3) by striking the last sentence.
       (b) Notification That Event Is About To Occur.--Section 
     4043 of such Act is amended by redesignating subsections (b), 
     (c), and (d) as (c), (d), and (e), respectively, and by 
     inserting after subsection (a) the following new subsection:
       ``(b)(1) The requirements of this subsection shall be 
     applicable to a contributing sponsor if, as of the close of 
     the preceding plan year--
       ``(A) the aggregate unfunded vested benefits (as determined 
     under section 4006(a)(3)(E)(iii)) of plans subject to this 
     title which are maintained by such sponsor and members of 
     such sponsor's controlled groups (disregarding plans with no 
     unfunded vested benefits) exceed $50,000,000, and
       ``(B) the funded vested benefit percentage for such plans 
     is less than 90 percent.

     For purposes of subparagraph (B), the funded vested benefit 
     percentage means the percentage which the aggregate value of 
     the assets of such plans bears to the aggregate vested 
     benefits of such plans (determined in accordance with section 
     4006(a)(3)(E)(iii)).
       ``(2) This subsection shall not apply to an event if the 
     contributing sponsor, or the member of the contributing 
     sponsor's controlled group to which the event relates, is--
       ``(A) a person subject to the reporting requirements of 
     section 13 or 15(d) of the Securities Exchange Act of 1934, 
     or
       ``(B) a subsidiary (as defined for purposes of such Act) of 
     a person subject to such reporting requirements.
       ``(3) No later than 30 days prior to the effective date of 
     an event described in paragraph (9), (10), (11), (12), or 
     (13) of subsection (c), a contributing sponsor to which the 
     requirements of this subsection apply shall notify the 
     corporation that the event is about to occur.
       ``(4) The corporation may waive the requirement of this 
     subsection with respect to any or all reportable events with 
     respect to any contributing sponsor.''
       (c) New Reportable Events.--Subsection (c) of section 4043 
     of such Act (as redesignated by subsection (b)) is amended--
       (1) by striking the ``or'' at the end of paragraph (8);
       (2) by striking paragraph (9); and
       (3) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) when, as a result of an event, a person ceases to be 
     a member of the controlled group;
       ``(10) when a contributing sponsor or a member of a 
     contributing sponsor's controlled group liquidates in a case 
     under title 11, United States Code, or under any similar 
     Federal law or law of a State or political subdivision of a 
     State;
       ``(11) when a contributing sponsor or a member of a 
     contributing sponsor's controlled group declares an 
     extraordinary dividend (as defined in section 1059(c) of the 
     Internal Revenue Code of 1986) or redeems, in any 12-month 
     period, an aggregate of 10 percent or more of the total 
     combined voting power of all classes of stock entitled to 
     vote, or an aggregate of 10 percent of more of the total 
     value of shares of all classes of stock, of a contributing 
     sponsor and all members of its controlled group;
       ``(12) when, in any 12-month period, an aggregate of 3 
     percent or more of the benefit liabilities of a plan covered 
     by this title and maintained by a contributing sponsor or a 
     member of its controlled group are transferred to a person 
     that is not a member of the controlled group or to a plan or 
     plans maintained by a person or persons that are not such a 
     contributing sponsor or a member of its controlled group; or
       ``(13) when any other event occurs that may be indicative 
     of a need to terminate the plan and that is prescribed by the 
     corporation in regulations.''
       (d) Disclosure Exemption.--Section 4043 of such Act is 
     amended by adding at the end the following new subsection:
       ``(f) Any information or documentary material submitted to 
     the corporation pursuant to this section shall be exempt from 
     disclosure under section 552 of title 5, United States Code, 
     and no such information or documentary material may be made 
     public, except as may be relevant to any administrative or 
     judicial action or proceeding. Nothing in this section is 
     intended to prevent disclosure to either body of Congress or 
     to any duly authorized committee or subcommittee of the 
     Congress.''
       (e) Technical and Conforming Amendments.--
       (1) Subsection (a) of section 4043 of such Act, and 
     subsections (d) and (e) of such section 4043 (as redesignated 
     by subsection (b)), are each amended by striking ``subsection 
     (b)'' each place it appears and inserting ``subsection (c)''.
       (2) Section 4042(a)(3) of such Act is amended by striking 
     ``4043(b)(7)'' and inserting ``4043(c)(7)''.
       (f) Effective Date.--The amendments made by this section 
     shall be effective for events occurring 60 days or more after 
     the date of enactment of this Act.

     SEC. 772. CERTAIN INFORMATION REQUIRED TO BE FURNISHED TO 
                   PBGC.

       (a) General Rule.--Subtitle A of title IV of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1301 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 4010. AUTHORITY TO REQUIRE CERTAIN INFORMATION.

       ``(a) Information Required.--Each person described in 
     subsection (b) shall provide the corporation annually, on or 
     before a date specified by the corporation in regulations, 
     with--
       ``(1) such records, documents, or other information that 
     the corporation specifies in regulations as necessary to 
     determine the liabilities and assets of plans covered by this 
     title; and
       ``(2) copies of such person's audited (or, if unavailable, 
     unaudited) financial statements, and such other financial 
     information as the corporation may prescribe in regulations.
       ``(b) Persons Required To Provide Information.--The persons 
     covered by subsection (a) are each contributing sponsor, and 
     each member of a contributing sponsor's controlled group, of 
     a single-employer plan covered by this title, if--
       ``(1) the aggregate unfunded vested benefits at the end of 
     the preceding plan year (as determined under section 
     4006(a)(3)(E)(iii)) of plans maintained by the contributing 
     sponsor and the members of its controlled group exceed 
     $50,000,000 (disregarding plans with no unfunded vested 
     benefits);
       ``(2) the conditions for imposition of a lien described in 
     section 302(f)(1)(A) and (B) of this Act or section 
     412(n)(1)(A) and (B) of the Internal Revenue Code of 1986 
     have been met with respect to any plan maintained by the 
     contributing sponsor or any member of its controlled group; 
     or
       ``(3) minimum funding waivers in excess of $1,000,000 have 
     been granted with respect to any plan maintained by the 
     contributing sponsor or any member of its controlled group, 
     and any portion thereof is still outstanding.
       ``(c) Information Exempt From Disclosure Requirements.--Any 
     information or documentary material submitted to the 
     corporation pursuant to this section shall be exempt from 
     disclosure under section 552 of title 5, United States Code, 
     and no such information or documentary material may be made 
     public, except as may be relevant to any administrative or 
     judicial action or proceeding. Nothing in this section is 
     intended to prevent disclosure to either body of Congress or 
     to any duly authorized committee or subcommittee of the 
     Congress.''
       (b) Clerical Amendment.--The table of contents contained in 
     section 1 of such Act is amended by inserting after the item 
     relating to section 4009 the following new item:

``Sec. 4010. Authority to require certain information.''

       (c) Effective Date.--The amendments made by this section 
     shall be effective on the date of enactment of this Act.

     SEC. 773. ENFORCEMENT OF MINIMUM FUNDING REQUIREMENTS.

       (a) In General.--Paragraph (1) of section 4003(e) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1303(e)(1)) is amended--
       (1) by inserting ``(A)'' after ``enforce''; and
       (2) by striking the period after ``title'' and inserting 
     ``, and (B) in the case of a plan which is covered under this 
     title (other than a multiemployer plan) and for which the 
     conditions for imposition of a lien described in section 
     302(f)(1)(A) and (B) of this Act or section 412(n)(1)(A) and 
     (B) of the Internal Revenue Code of 1986 have been met, 
     section 302 of this Act and section 412 of such Code.''
       (b) Effective Date.--The amendments made by this section 
     shall be effective for installments and other payments 
     required under section 302 of the Employee Retirement Income 
     Security Act of 1974 or section 412 of the Internal Revenue 
     Code of 1986 that become due on or after the date of the 
     enactment of this Act.

     SEC. 774. COMPUTATION OF ADDITIONAL PBGC PREMIUM.

       (a) Phase-Out of Variable Rate Premium Cap.--
       (1) In general.--Subparagraph (E) of section 4006(a)(3) of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1306(a)(3)(E)) is amended by striking clause (iv), and 
     by redesignating clause (v) as clause (iv).
       (2) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall be effective for plan years beginning on or after July 
     1, 1994.
       (B) Transition rule.--In the case of plan years beginning 
     on or after July 1, 1994, and before July 1, 1996, the 
     additional premium payable with respect to any participant by 
     reason of the amendments made by this section shall not 
     exceed the sum of--
       (i) $53, and
       (ii) the product derived by multiplying--

       (I) the excess (if any) of the amount determined under 
     clause (i) of section 4006(a)(3)(E) of the Employee 
     Retirement Income Security Act of 1974, over $53, by
       (II) the applicable percentage.

     For purposes of this subparagraph, the applicable percentage 
     shall be the percentage specified in the following table:


                                                                        
              For the plan year beginning:                              
                                                          The applicable
        on or after                  but before           percentage is:
                                                                        
July 1, 1994...............  July 1, 1995..............     20 percent  
July 1, 1995...............  July 1, 1996..............     60 percent  
                                                                        


       (b) Interest Rate and Asset Valuation.--
       (1) Interest rate.--Subclause (II) of section 
     4006(a)(3)(E)(iii) of the Employee Retirement Income Security 
     Act of 1974 is amended--
       (A) by striking ``80 percent'' and inserting ``the 
     applicable percentage'', and
       (B) by adding at the end the following new sentence: ``For 
     purposes of this subclause, the applicable percentage is 80 
     percent for plan years beginning before July 1, 1997, 85 
     percent for plan years beginning after June 30, 1997, and 
     before the 1st plan year to which the first tables prescribed 
     under section 302(d)(7)(C)(ii)(II) apply, and 100 percent for 
     such 1st plan year and subsequent plan years.''
       (2) Asset valuation.--Clause (iii) of section 4006(a)(3)(E) 
     of such Act is amended--
       (A) by inserting ``or (III)'' after ``subclause (II)'' in 
     subclause (I), and
       (B) by adding at the end the following new subclause:

       ``(III) In the case of any plan year for which the 
     applicable percentage under subclause (II) is 100 percent, 
     the value of the plan's assets used in determining unfunded 
     current liability under subclause (I) shall be their fair 
     market value.''

       (3) Effective date.--The amendments made by this subsection 
     shall apply to plan years beginning after the date of the 
     enactment of this Act.
       (c) Transition Rule for Certain Regulated Public 
     Utilities.--In the case of a regulated public utility 
     described in section 7701(a)(33)(A)(i) of the Internal 
     Revenue Code of 1986, the amendments made by this section 
     shall not apply to plan years beginning before the earlier 
     of--
       (1) January 1, 1998, or
       (2) the date the regulated public utility begins to collect 
     from utility customers rates that reflect the costs incurred 
     or projected to be incurred for additional premiums under 
     section 4006(a)(3)(E) of the Employee Retirement Income 
     Security Act of 1974 pursuant to final and nonappealable 
     determinations by all public utility commissions (or other 
     authorities having jurisdiction over the rates and terms of 
     service by the regulated public utility) that the costs are 
     just and reasonable and recoverable from customers of the 
     regulated public utility.

     SEC. 775. DISCLOSURE TO PARTICIPANTS.

       (a) Participant Notice Requirement.--Subtitle A of title IV 
     of the Employee Retirement Income Security Act of 1974 (as 
     amended by section 772 of this Act) is further amended by 
     adding at the end the following new section:

     ``SEC. 4011. NOTICE TO PARTICIPANTS.

       ``(a) In General.--The plan administrator of a plan subject 
     to the additional premium under section 4006(a)(3)(E) shall 
     provide, in a form and manner and at such time as prescribed 
     in regulations of the corporation, notice to plan 
     participants and beneficiaries of the plan's funding status 
     and the limits on the corporation's guaranty should the plan 
     terminate while underfunded. Such notice shall be written in 
     a manner so as to be understood by the average plan 
     participant.
       ``(b) Exception.--Subsection (a) shall not apply to any 
     plan to which section 302(d) does not apply for the plan year 
     by reason of paragraph (9) thereof.''
       (b) Clerical Amendment.--The table of contents contained in 
     section 1 of such Act is amended by inserting after the item 
     relating to section 4010 (as added by section 772 of this 
     Act) the following new item:

``Sec. 4011. Notice to participants.''

       (c) Effective Date.--The amendment made by this section 
     shall be effective for plan years beginning after the date of 
     enactment of this Act.

     SEC. 776. MISSING PARTICIPANTS.

       (a) In General.--Subtitle C of title IV of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1341 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 4050. MISSING PARTICIPANTS.

       ``(a) General Rule.--
       ``(1) Payment to the corporation.--A plan administrator 
     satisfies section 4041(b)(3)(A) in the case of a missing 
     participant only if the plan administrator--
       ``(A) transfers the participant's designated benefit to the 
     corporation or purchases an irrevocable commitment from an 
     insurer in accordance with clause (i) of section 
     4041(b)(3)(A), and
       ``(B) provides the corporation such information and 
     certifications with respect to such designated benefits or 
     irrevocable commitments as the corporation shall specify.
       ``(2) Treatment of transferred assets.--A transfer to the 
     corporation under this section shall be treated as a transfer 
     of assets from a terminated plan to the corporation as 
     trustee, and shall be held with assets of terminated plans 
     for which the corporation is trustee under section 4042, 
     subject to the rules set forth in that section.
       ``(3) Payment by the corporation.--After a missing 
     participant whose designated benefit was transferred to the 
     corporation is located--
       ``(A) in any case in which the plan could have distributed 
     the benefit of the missing participant in a single sum 
     without participant or spousal consent under section 205(g), 
     the corporation shall pay the participant or beneficiary a 
     single sum benefit equal to the designated benefit paid the 
     corporation plus interest as specified by the corporation, 
     and
       ``(B) in any other case, the corporation shall pay a 
     benefit based on the designated benefit and the assumptions 
     prescribed by the corporation at the time that the 
     corporation received the designated benefit.

     The corporation shall make payments under subparagraph (B) 
     available in the same forms and at the same times as a 
     guaranteed benefit under section 4022 would be available to 
     be paid, except that the corporation may make a benefit 
     available in the form of a single sum if the plan provided a 
     single sum benefit (other than a single sum described in 
     subsection (b)(2)(A)).
       ``(b) Definitions.--For purposes of this section--
       ``(1) Missing participant.--The term `missing participant' 
     means a participant or beneficiary under a terminating plan 
     whom the plan administrator cannot locate after a diligent 
     search.
       ``(2) Designated benefit.--The term `designated benefit' 
     means the single sum benefit the participant would receive--
       ``(A) under the plan's assumptions, in the case of a 
     distribution that can be made without participant or spousal 
     consent under section 205(g);
       ``(B) under the assumptions of the corporation in effect on 
     the date that the designated benefit is transferred to the 
     corporation, in the case of a plan that does not pay any 
     single sums other than those described in subparagraph (A); 
     or
       ``(C) under the assumptions of the corporation or of the 
     plan, whichever provides the higher single sum, in the case 
     of a plan that pays a single sum other than those described 
     in subparagraph (A).
       ``(c) Regulatory Authority.--The corporation shall 
     prescribe such regulations as are necessary to carry out the 
     purposes of this section, including rules relating to what 
     will be considered a diligent search, the amount payable to 
     the corporation, and the amount to be paid by the 
     corporation.''
       (b) Conforming Title IV Amendments.--
       (1) Amendment to section 4003.--Section 4003(a) of such Act 
     (29 U.S.C. 1303(a)) is amended in the second sentence by 
     inserting before the period the following: ``and whether 
     section 4050(a) has been satisfied''.
       (2) Amendment to section 4005.--Section 4005(b)(2)(A) of 
     such Act (29 U.S.C. 1305(b)(2)(A)) is amended by inserting 
     ``or benefits payable under section 4050'' after ``section 
     4022A''.
       (3) Amendment to section 4041.--Section 4041(b)(3)(A)(ii) 
     of such Act (29 U.S.C. 1341(b)(3)(A)(ii)) is amended by 
     adding at the end the following new sentence: ``A transfer of 
     assets to the corporation in accordance with section 4050 on 
     behalf of a missing participant shall satisfy this 
     subparagraph with respect to such participant.''
       (c) Conforming ERISA Amendments.--
       (1) The table of contents contained in section 1 of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     inserting after the item related to section 4049 the 
     following new item:

``Sec. 4050. Missing participants.''

       (2) Section 206 of such Act (29 U.S.C. 1056) is amended by 
     adding at the end the following new subsection:
       ``(f) Missing Participants in Terminated Plans.--In the 
     case of a plan covered by title IV, the plan shall provide 
     that, upon termination of the plan, benefits of missing 
     participants shall be treated in accordance with section 
     4050.''
       (d) Conforming Internal Revenue Code Amendments.--Section 
     401(a), as amended by section 766 of this Act, is further 
     amended by inserting after paragraph (33) the following new 
     paragraph:
       ``(34) Benefits of missing participants on plan 
     termination.--In the case of a plan covered by title IV of 
     the Employee Retirement Income Security Act of 1974, a trust 
     forming part of such plan shall not be treated as failing to 
     constitute a qualified trust under this section merely 
     because the pension plan of which such trust is a part, upon 
     its termination, transfers benefits of missing participants 
     to the Pension Benefit Guaranty Corporation in accordance 
     with section 4050 of such Act.''
       (e) Effective Date.--The provisions of this section shall 
     be effective with respect to distributions that occur in plan 
     years commencing after final regulations implementing these 
     provisions are prescribed by the Pension Benefit Guaranty 
     Corporation.

     SEC. 777. MODIFICATION OF MAXIMUM GUARANTEE FOR DISABILITY 
                   BENEFITS.

       (a) In General.--Section 4022(b)(3) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1322(b)(3)) 
     is amended by adding at the end the following new sentences: 
     ``The maximum guaranteed monthly benefit shall not be reduced 
     solely on account of the age of a participant in the case of 
     a benefit payable by reason of disability that occurred on or 
     before the termination date, if the participant demonstrates 
     to the satisfaction of the corporation that the Social 
     Security Administration has determined that the participant 
     satisfies the definition of disability under title II or XVI 
     of the Social Security Act, and the regulations thereunder. 
     If a benefit payable by reason of disability is converted to 
     an early or normal retirement benefit for reasons other than 
     a change in the health of the participant, such early or 
     normal retirement benefit shall be treated as a continuation 
     of the benefit payable by reason of disability and this 
     subparagraph shall continue to apply.''
       (b) Effective Date.--The amendment made by this section 
     shall be effective for plan terminations under section 
     4041(c) of the Employee Retirement Income Security Act of 
     1974 with respect to which notices of intent to terminate are 
     provided under section 4041(a)(2) of such Act, or under 
     section 4042 of such Act with respect to which proceedings 
     are instituted by the corporation, on or after the date of 
     enactment of this Act.

     SEC. 778. PROCEDURES TO FACILITATE DISTRIBUTION OF 
                   TERMINATION BENEFITS.

       (a) Remedies for Noncompliance With Requirements for 
     Standard Termination.--
       (1) Notice of noncompliance.--Section 4041(b)(2)(C)(i) of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1341(b)(2)(C)(i)) is amended--
       (A) by striking subclause (I) and inserting the following 
     new subclause:

       ``(I) it determines, based on the notice sent under 
     paragraph (2)(A) of subsection (b), that there is reason to 
     believe that the plan is not sufficient for benefit 
     liabilities,'';

       (B) by striking the period at the end of subclause (II) and 
     inserting ``, or''; and
       (C) by adding at the end the following new subclause:

       ``(III) it determines that any other requirement of 
     subparagraph (A) or (B) of this paragraph or of subsection 
     (a)(2) has not been met, unless it further determines that 
     the issuance of such notice would be inconsistent with the 
     interests of participants and beneficiaries.''

       (2) Effective date.--The amendments made by this subsection 
     shall apply to any plan termination under section 4041(b) of 
     the Employee Retirement Income Security Act of 1974 with 
     respect to which the Pension Benefit Guaranty Corporation has 
     not, as of the date of enactment of this Act, issued a notice 
     of noncompliance that has become final, or otherwise issued a 
     final determination that the plan termination is nullified.
       (b) Distress Termination Criteria for Banking 
     Institutions.--
       (1) Clarification of distress criterion.--Subclause (I) of 
     section 4041(c)(2)(B)(i) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1341(c)(2)(B)(i)) is amended 
     by inserting after ``under any similar'' the following: 
     ``Federal law or''.
       (2) Effective date.--The amendment made by this subsection 
     shall be effective as if included in the Single-Employer 
     Pension Plan Amendments Act of 1986.

                       PART III--EFFECTIVE DATES

     SEC. 781. EFFECTIVE DATES.

       Except as otherwise provided in this subtitle, the 
     amendments made by this subtitle shall be effective on the 
     date of enactment of this Act.
                    TITLE VIII--PIONEER PREFERENCES

     SEC. 801. PIONEER PREFERENCES.

       Section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)) is amended by adding at the end the following new 
     paragraph:
       ``(13) Recovery of value of public spectrum in connection 
     with pioneer preferences.--
       ``(A) In general.--Notwithstanding paragraph (6)(G), the 
     Commission shall not award licenses pursuant to a 
     preferential treatment accorded by the Commission to persons 
     who make significant contributions to the development of a 
     new telecommunications service or technology, except in 
     accordance with the requirements of this paragraph.
       ``(B) Recovery of value.--The Commission shall recover for 
     the public a portion of the value of the public spectrum 
     resource made available to such person by requiring such 
     person, as a condition for receipt of the license, to agree 
     to pay a sum determined by--
       ``(i) identifying the winning bids for the licenses that 
     the Commission determines are most reasonably comparable in 
     terms of bandwidth, scope of service area, usage 
     restrictions, and other technical characteristics to the 
     license awarded to such person, and excluding licenses that 
     the Commission determines are subject to bidding anomalies 
     due to the award of preferential treatment;
       ``(ii) dividing each such winning bid by the population of 
     its service area (hereinafter referred to as the per capita 
     bid amount);
       ``(iii) computing the average of the per capita bid amounts 
     for the licenses identified under clause (i);
       ``(iv) reducing such average amount by 15 percent; and
       ``(v) multiplying the amount determined under clause (iv) 
     by the population of the service area of the license obtained 
     by such person.
       ``(C) Installments permitted.--The Commission shall require 
     such person to pay the sum required by subparagraph (B) in a 
     lump sum or in guaranteed installment payments, with or 
     without royalty payments, over a period of not more than 5 
     years.
       ``(D) Rulemaking on pioneer preferences.--Except with 
     respect to pending applications described in clause (iv) of 
     this subparagraph, the Commission shall prescribe regulations 
     specifying the procedures and criteria by which the 
     Commission will evaluate applications for preferential 
     treatment in its licensing processes (by precluding the 
     filing of mutually exclusive applications) for persons who 
     make significant contributions to the development of a new 
     service or to the development of new technologies that 
     substantially enhance an existing service. Such regulations 
     shall--
       ``(i) specify the procedures and criteria by which the 
     significance of such contributions will be determined, after 
     an opportunity for review and verification by experts in the 
     radio sciences drawn from among persons who are not employees 
     of the Commission or by any applicant for such preferential 
     treatment;
       ``(ii) include such other procedures as may be necessary to 
     prevent unjust enrichment by ensuring that the value of any 
     such contribution justifies any reduction in the amounts paid 
     for comparable licenses under this subsection;
       ``(iii) be prescribed not later than 6 months after the 
     date of enactment of this paragraph;
       ``(iv) not apply to applications that have been accepted 
     for filing on or before September 1, 1994; and
       ``(v) cease to be effective on the date of the expiration 
     of the Commission's authority under subparagraph (F).
       ``(E) Implementation with Respect to Pending 
     Applications.--In applying this paragraph to any broadband 
     licenses in the personal communications service awarded 
     pursuant to the preferential treatment accorded by the 
     Federal Communications Commission in the Third Report and 
     Order in General Docket 90-314 (FCC 93-550, released February 
     3, 1994)--
       ``(i) the Commission shall not reconsider the award of 
     preferences in such Third Report and Order, and the 
     Commission shall not delay the grant of licenses based on 
     such awards more than 15 days following the date of enactment 
     of this paragraph, and the award of such preferences and 
     licenses shall not be subject to administrative or judicial 
     review;
       ``(ii) the Commission shall not alter the bandwidth or 
     service areas designated for such licenses in such Third 
     Report and Order;
       ``(iii) except as provided in clause (v), the Commission 
     shall use, as the most reasonably comparable licenses for 
     purposes of subparagraph (B)(i), the broadband licenses in 
     the personal communications service for blocks A and B for 
     the 20 largest markets (ranked by population) in which no 
     applicant has obtained preferential treatment;
       ``(iv) for purposes of subparagraph (C), the Commission 
     shall permit guaranteed installment payments over a period of 
     5 years, subject to--

       ``(I) the payment only of interest on unpaid balances 
     during the first 2 years, commencing not later than 30 days 
     after the award of the license (including any preferential 
     treatment used in making such award) is final and no longer 
     subject to administrative or judicial review, except that no 
     such payment shall be required prior to the date of 
     completion of the auction of the comparable licenses 
     described in clause (iii); and
       ``(II) payment of the unpaid balance and interest thereon 
     after the end of such 2 years in accordance with the 
     regulations prescribed by the Commission; and

       ``(v) the Commission shall recover with respect to 
     broadband licenses in the personal communications service an 
     amount under this paragraph that is equal to not less than 
     $400,000,000, and if such amount is less than $400,000,000, 
     the Commission shall recover an amount equal to $400,000,000 
     by allocating such amount among the holders of such licenses 
     based on the population of the license areas held by each 
     licensee.

     The Commission shall not include in any amounts required to 
     be collected under clause (v) the interest on unpaid balances 
     required to be collected under clause (iv).
       ``(F) Expiration.--The authority of the Commission to 
     provide preferential treatment in licensing procedures (by 
     precluding the filing of mutually exclusive applications) to 
     persons who make significant contributions to the development 
     of a new service or to the development of new technologies 
     that substantially enhance an existing service shall expire 
     on September 30, 1998.
       ``(G) Effective Date.--This paragraph shall be effective on 
     the date of its enactment and apply to any licenses issued on 
     or after August 1, 1994, by the Federal Communications 
     Commission pursuant to any licensing procedure that provides 
     preferential treatment (by precluding the filing of mutually 
     exclusive applications) to persons who make significant 
     contributions to the development of a new service or to the 
     development of new technologies that substantially enhance an 
     existing service.''.
                                 ______

      By Mr. FORD:
  S. 2469. A bill to amend title XI of the Energy Policy Act of 1992 to 
provide for the economic and environmentally acceptable disposal of 
low-level radioactive waste and mixed waste resulting from the 
operation of gaseous diffusion plants at Paducah, KY, and Piketown, OH 
and for other purposes; to the Committee on Energy and Natural 
Resources.


            Disposal of waste from gaseous diffusion plants

  Mr. FORD. Mr. President, I am introducing a bill to provide for the 
economic and environmentally acceptable disposal of low-level and mixed 
radioactive wastes resulting from the operations of the gaseous 
diffusion plants at Paducah, KY, and Piketon, OH. If enacted, the 
measure will help the States of Illinois and Kentucky to fulfill their 
respective responsibilities under the Central Midwest Interstate Low-
Level Radioactive Waste Compact in an orderly and productive manner. 
This will be accomplished by clarifying the intent of Congress in 
amendments to the Atomic Energy Act of 1954 as contained in the Energy 
Policy Act of 1992.
  I should also point out that the bill will have the same affect on 
the efforts of Ohio, Indiana, Iowa, Minnesota, Missouri and Wisconsin 
who are members of the Midwest interstate compact.
  The need for the clarification and the concern on the part of the 
affected compact States stems from a recent interpretation by 
Department of energy officials that disposal of low-level radioactive 
wastes resulting from operations of the Paducah, KY, and Piketon, OH, 
gaseous diffusion plants, which are owned by the Department of Energy 
and leased to the U.S. Enrichment Corporation, is the responsibility of 
the compact States.
  As my colleagues will recall, Congress created the U.S. Enrichment 
Corporation in the Energy Policy Act of 1992. Under the act, the 
Corporation is charged with operating the gaseous diffusion plants, 
which enrich uranium for use as fuel in civilian nuclear power plants, 
as a business enterprise on a profitable and efficient basis. However, 
the act may not be clear as to the disposition of low-level radioactive 
wastes and mixed wastes from the two gaseous diffusion plants while 
being operated by the Corporation Hence, the interpretation by the 
Department of Energy that the States must accept the waste.
  This interpretation could be devastating to compact States' efforts 
to address low-level and mixed waste problems, as it was never 
anticipated that wastes from the diffusion plants would be the 
responsibility of the compact regions. This amendment clarifies that 
low-level and mixed wastes resulting from the operation of the two 
plants would be eligible for disposal by the Department of Energy. I 
would stress at this point that DOE disposal would be an option on the 
part of the U.S. Enrichment Corporation which, under the bill, has the 
authority to select the least expensive environmentally acceptable 
method of disposal.
  In a related matter, the Energy Policy Act is clear that the 
Department of Energy is responsible for the eventual costs of 
decontaminating and decommissioning the facilities leased from the 
Department of Energy and operated by the Corporation; but the act is 
not clear regarding the costs for disposing of low-level radioactive 
and mixed wastes generated by the Corporation as a result of the 
Corporation's operation of the facilities. This bill makes it 
unequivocal that the costs for the disposal of wastes generated by the 
Corporation are to be solely the responsibility of the Corporation.
  Mr. President, this bill is important to the compact States. It 
provides a degree of responsible flexibility for the disposal of wastes 
at the two gaseous diffusion plants, it also identifies who pays for 
the disposal, and finally, it gives good direction to the Department of 
Energy in interpreting the Energy Policy Act of 1992.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2469

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     Title XI of the Energy Policy Act of 1992, is amended by 
     adding after section 1103 the following new section:

     SEC. 1104. LOW-LEVEL RADIOACTIVE WASTE AND MIXED WASTE.

       Title II of the Atomic Energy Act of 1954, as added by 
     title IX of this Act, is further amended as follows:
       (a) in section 1201 by inserting the following new 
     paragraphs and renumbering existing paragraphs accordingly:
       ``(10) The term ``low-level radioactive waste'' has the 
     meaning given such term in Section 102(9) of the Low-Level 
     Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 
     2021b(9)).
       (11) The term ``mixed waste'' has the meaning given such 
     term in Section 1004(41) of the Solid Waste Disposal Act (42 
     U.S.C. 6903(41)).'' and (b) in section 1403 by adding at the 
     end thereof the following new subsection:
       ``(h) DOE Responsibility To Accept Low-Level Radioactive 
     Waste and Mixed Waste.--At the request of the Corporation, 
     the Department shall accept for treatment and disposal the 
     low-level radioactive waste and mixed waste generated as a 
     result of the operation of the facilities and related 
     property leased by the Corporation pursuant to subsection 
     (a). The increase in costs of treatment and disposal actually 
     incurred by the Department which are solely attributable to 
     and result from the treatment and disposal of such wastes 
     received from the Corporation shall be reimbursed to the 
     Department by the Corporation. At its sole discretion, the 
     Corporation may, but is not required to, arrange for the 
     treatment or disposal of such wastes or any portion thereof 
     at any other facility otherwise authorized by applicable laws 
     and regulations to treat or dispose of such wastes. The costs 
     of treatment and disposal of such wastes at any other 
     facility shall be borne solely by the Corporation.''
                                 ______

      By Mr. LAUTENBERG:
  S.J. Res. 222. A joint resolution to designate October 19, 1994, as 
``Mercy Otis Warren Day,'' and for other purposes; to the Committee on 
the Judiciary.


                         mercy otis warren day

 Mr. LAUTENBERG. Mr. President, today I rise to introduce a 
resolution designating October 19, 1994 as ``Mercy Warren Otis Day.''
  Born in Barnstable, MA on September 14, 1728, Mercy Otis Warren lived 
an active political life until her death on October 19, 1814. Although 
unknown to the majority of Americans, Mercy Otis Warren played an 
important role in American history.
  Recognized as a poet, patriot, and historian of the American 
Revolution, Mercy Otis Warren's writings are credited with providing 
insightful views on the leading political figures of the American 
Revolution and the political viewpoints of the day. One of her major 
literary works, ``The History of the Rise, Progress and Termination of 
the American Revolution'' is respected primarily for its spirited 
personal observation about the people and events she had know 
firsthand.
  Over time, Mercy Otis Warren became a prominent political commentator 
who was well respected by her contemporaries for her understanding of 
political issues. Her advice and opinions were sought by such notables 
as John and Samuel Adams and Thomas Jefferson. Mrs. Warren wrote 19-
page pamphlet published in 1788 entitled, ``Observations On The New 
Constitution,'' which may not be her best known work, but was perhaps 
her most significant. Mrs. Warren's vigorous defense of personal 
liberties contributed to the political movement which culminated in the 
adoption of the Bill of Rights.
  What is most remarkable about Mercy Otis Warren is that she received 
no formal education because of the social norms in the early 1700's 
which placed women in domestic roles. As a young woman, Mercy Otis 
satisfied her thirst for knowledge by sitting in on her brothers 
tutoring sessions. As the daughter of a county judge who was also a 
colonel in the militia, Mercy Otis listened to frequent political 
discussions in her home and developed an ardent interest in politics 
and public affairs. A forerunner of the modern feminist movement, Mrs. 
Warren was very interested in the role of women in society and was 
determined that women should not be restricted to domestic interests.
  The life of Mercy Otis Warren is one that should be told to all 
Americans. Recognition is long overdue. I hope my colleagues will join 
me in honoring this great American for her courage, her wisdom and her 
contribution to early American political thought which gave birth to 
the democratic values we all cherish.
  I ask unanimous consent that a copy of the joint resolution be 
printed in the Record. I urge my colleagues to support this joint 
resolution which designates October 19, 1994 as ``Mercy Otis Warren 
Day.''
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                             S.J. Res. 222

       Whereas Mercy Otis Warren was born on September 14, 1728, 
     in Barnstable, Massachusetts, was 1 of 13 children, and was 
     without a formal education, yet her thirst for knowledge and 
     ardent interest in politics transformed her into one of the 
     prominent political thinkers and commentators of her day;
       Whereas Mercy Otis Warren maintained throughout her life an 
     aggressive concern for public affairs and the role of women 
     in society, and was determined that women should not be 
     restricted to domestic interests;
       Whereas Mercy Otis Warren wrote numerous published works 
     providing commentary on the leading political figures of the 
     American Revolution and on the political viewpoints of her 
     day, including a major literary work, the 3-volume ``History 
     of the Rise, Progress, and Termination of the American 
     Revolution'', completed in 1805;
       Whereas Mercy Otis Warren was so well respected by her 
     contemporaries for her understanding of political issues that 
     her advice was sought by such notables as John Adams, Samuel 
     Adams, and Thomas Jefferson;
       Whereas Mercy Otis Warren wrote a 19-page pamphlet, 
     published in 1788, entitled ``Observations on the New 
     Constitution'', that contributed to the political movement 
     that provided a foundation for the Bill of Rights; and
       Whereas Mercy Otis Warren is recognized by American 
     historians as a poet, a patriot, and a historian of the 
     American Revolution: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That October 
     19, 1994, is designated as ``Mercy Otis Warren Day''. The 
     President is authorized and requested to issue a proclamation 
     calling on the people of the United States to observe this 
     day with appropriate ceremonies and activities.
                                 ______

      By Mr. KENNEDY (for himself, Mr. Hatch, Mr. Simon, Mr. Mack, Mr. 
        Baucus, Mr. Leahy, Mr. D'Amato, Mr. Cochran, Mr. DeConcini, Mr. 
        Bradley, Mr. Moynihan, Mr. Glenn, Mr. Wofford, Mr. Biden, Mr. 
        Chafee, Mr. Dodd, Mr. Lautenberg, Mr. Inouye, Mr. Kerry, Mr. 
        Roth, Mr. Thurmond, Mr. Pell, Mr. Warner, Mr. Durenberger, Mrs. 
        Boxer, Mr. Sarbanes, Mr. Johnston, Mr. Dorgan, Mr. Jeffords, 
        Mr. Metzenbaum, Mr. Riegle, Mr. Heflin, Mr. Mitchell, Mr. 
        Packwood, Mr. Grassley, Mr. Specter, Mr. Dole, Mr. Lott, Mr. 
        Murkowski, Mr. Cohen, Mr. Bennett, Mr. Bond, Mr. Stevens, Mr. 
        Helms, Mr. McCain, Mr. Sasser, Ms. Mikulski, Mr. Lieberman, Mr. 
        Levin, Mr. Akaka, Mr. Ford, and Mr. Wellstone):
  S.J. Res. 223. A joint resolution to designate March 1995 and March 
1996 as ``Irish-American Heritage Month''; to the Committee on the 
Judiciary.


                     irish-american heritage month

  Mr. KENNEDY. Mr. President, on behalf of myself and 51 of my 
colleagues, I am proud to introduce a Senate joint resolution 
designating March 1995 and March 1996 as ``Irish American Heritage 
Month.'' An identical resolution has been introduced by Representative 
Thomas J. Manton in the House.
  This joint resolution pays tribute to the numerous contributions the 
Irish have made to America.
  The year 1995 will be particularly significant for Irish-Americans, 
because it marks the 150th anniversary of the beginning of the Great 
Famine in Ireland. Between then and 1910, more than 3 million Irish 
immigrants came to our shores, and their contributions to the 
development of our country are immense.
  Today, more than 44 million Americans are of Irish descent and it is 
a privilege to introduce this joint resolution recognizing their 
contributions and the contributions of their ancestors. I ask unanimous 
consent that the text of the joint resolution may be printed in the 
Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                             S.J. Res. 223

       Whereas 150 years ago, the blight that struck Ireland's 
     potato crop (``the single root that changed the history of 
     the world''), known as the Great Famine, caused 2,000,000 of 
     Ireland's population to emigrate, mostly to America's shores;
       Whereas in 1847 alone, 25,000 Irish immigrants arrived in 
     Boston;
       Whereas by 1851, the end of the famine exodus, 1,712 
     emigrant ships had sailed up the Narrows into New York 
     harbor;
       Whereas during the ``Great Hunger'' (1845-1851) more people 
     left Ireland than had emigrated in the previous 250 years;
       Whereas within a few years of arriving in the United 
     States, the Irish immigrants took jobs as laborers, built 
     railroads, canals, and schools, dedicated themselves to help 
     build this nation, and this same legacy today remains a part 
     of American mainstream;
       Whereas James Smith, George Taylor, Matthew Thornton, and 
     Charles Thomson, 4 of the individuals who signed the 
     Declaration of Independence, were Irish born and 9 other 
     signers were of Irish ancestry;
       Whereas Irish-born James Hoban designed and supervised the 
     building of the White House and its restoration after it was 
     burned in 1814;
       Whereas more than 200 Irish-Americans have been awarded the 
     Congressional Medal of Honor;
       Whereas 19 Presidents of the United States proudly claim 
     Irish heritage, included among them, the first President, 
     George Washington;
       Whereas John W. O'Beirne, Founder of the American 
     Foundation for Irish Heritage, first requested in 1990 that 
     Congress designate March as ``Irish-American Heritage 
     Month''; and
       Whereas the 44,000,000 Americans of Irish ancestry, like 
     their forebears, continue to enrich all aspects of life in 
     the United States, in science, education, art, agriculture, 
     business, industry, literature, music, athletics, military, 
     and governmental service: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the 
     months of March 1995 and March 1996 are designated as 
     ``Irish-American Heritage Month''. The President is 
     authorized and requested to issue a proclamation calling on 
     the people of the United States to observe each month with 
     appropriate ceremonies and activites.
                                 ______

      By Mr. SIMON (for himself, Mr. Sarbanes, Mr. Pell, Mr. Reid, Mr. 
        Wofford, Mr. Mathews, Mr. Bingaman, and Mr. Kennedy):
  S.J. Res. 224. A joint resolution designating November 1, 1994, as 
``National Family Literacy Day''; to the Committee on the Judiciary.


                      national family literacy day

 Mr. SIMON. Mr. President, I am pleased to introduce a joint 
resolution to designate November 1, 1994, as ``National Family Literacy 
Day.'' Senators Kennedy, Pell, Sarbanes, Reid, Wofford, Mathews, and 
Bingaman are original cosponsors of this joint resolution.
  Millions of American families are trapped in a cycle of poverty, 
dependency, and undereducation. One of the most promising methods for 
breaking this cycle is the family literacy approach, where parents and 
their children attend school together. As parents identify their 
strengths and develop their literacy skills, essential messages about 
the importance of education are successfully passed on to their 
children.
  Research shows that the most important factor in determining the life 
chances of a child is the level of educational attainment of her or his 
parents. Adults participating in family literacy programs are more 
likely to remain in the program than participants in adult-focused 
programs and 90 percent of the children who have participated in family 
literacy programs are successful in school. In addition, family 
literacy programs lead to more educationally supportive home 
environments.
  Family literacy is a ladder that extends down into hopelessness and 
empowers families to work together in reaching new levels of 
achievement, self-sufficiency, self-esteem, and strength as a family. 
National Family Literacy Day will send a message about the importance 
of family education throughout the land.

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