[Congressional Record Volume 145, Number 149 (Thursday, October 28, 1999)]
[Senate]
[Pages S13431-S13485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                 THE AFRICAN GROWTH AND OPPORTUNITY ACT

                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 2345

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill (H.R. 434) to authorize a new trade and investment policy for 
sub-Sahara Africa; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. REPORT.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this section, the Comptroller General of the 
     United States shall submit a report to Congress regarding the 
     efficiency and effectiveness of Federal and State 
     coordination of unemployment and retraining activities 
     associated with the following programs and legislation:
       (1) trade adjustment assistance (including NAFTA trade 
     adjustment assistance) provided for under title II of the 
     Trade Act of 1974;
       (2) the Job Training Partnership Act;
       (3) the Workforce Investment Act; and
       (4) unemployment insurance.
       (b) Period Covered.--The report shall cover the activities 
     involved in the programs and legislation listed in subsection 
     (a) from January 1, 1994 to December 31, 1999.
       (c) Data and Recommendations.--The report shall at a 
     minimum include specific data and recommendations regarding--
       (1) the compatibility of program requirements related to 
     the employment and retraining of dislocated workers in the 
     United States, with particular emphasis on the trade 
     adjustment assistance programs provided for under title II of 
     the Trade Act of 1974;
       (2) the compatibility of application procedures related to 
     the employment and retraining of dislocated workers in the 
     United States;
       (3) the capacity of these programs to assist workers 
     negatively impacted by foreign trade and the transfer of 
     production to other countries, measured in terms of 
     employment and wages;
       (4) the capacity of these programs to assist secondary 
     workers negatively impacted by foreign trade and the transfer 
     of production to other countries, measured in terms of 
     employment and wages;
       (5) how the impact of foreign trade and the transfer of 
     production to other countries would have changed the number 
     of beneficiaries covered under the trade adjustment 
     assistance program if the trade adjustment assistance program 
     covered secondary workers in the United States; and
       (6) the effectiveness of the programs described in 
     subsection (a) in achieving reemployment of United States 
     workers and

[[Page S13432]]

     maintaining wage levels of United States workers who have 
     been dislocated as a result of foreign trade and the transfer 
     of production to other countries.
                                 ______
                                 

                 SANTORUM (AND BYRD) AMENDMENT NO. 2346

  (Ordered to lie on the table.)
  Mr. SANTORUM (for himself and Mr. Byrd) submitted an amendment 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC. ____. MORATORIUM ON ANTIDUMPING AND COUNTERVAILING DUTY 
                   AGREEMENTS.

       (a) Findings.--The Senate makes the following findings:
       (1) The Senate is deeply concerned that, in connection with 
     the World Trade Organization (``WTO'') Ministerial meeting to 
     be held in Seattle, Washington, and the multilateral trade 
     negotiations expected to follow, a few countries are seeking 
     to circumvent the agreed list of negotiating topics and 
     reopen debate over the WTO's antidumping and antisubsidy 
     rules.
       (2) Strong antidumping and antisubsidy rules are a 
     cornerstone of the liberal trade policy of the United States 
     and are essential to the health of the manufacturing and farm 
     sectors in the United States.
       (3) It has long been and remains the policy of the United 
     States to support its antidumping and antisubsidy laws and to 
     defend those laws in international negotiations.
       (4) The WTO antidumping and antisubsidy rules concluded in 
     the Uruguay Round have scarcely been tested since they 
     entered into effect and certainly have not proved defective.
       (5) Opening these rules to renegotiation could only lead to 
     weakening them, which would in turn lead to even greater 
     abuse of the world's open markets, particularly that of the 
     United States.
       (6) Conversely, avoiding another divisive fight over these 
     rules is the best way to promote progress on the other, far 
     more important, issues facing WTO members.
       (7) It is therefore essential that negotiations on these 
     antidumping and antisubsidy matters not be reopened under the 
     auspices of the WTO or otherwise.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should--
       (1) not participate in any international negotiation in 
     which antidumping or antisubsidy rules are part of the 
     negotiating agenda;
       (2) refrain from submitting for congressional approval 
     agreements that require weakening changes to the current 
     antidumping and countervailing duty laws and enforcement 
     policies of the United States; and
       (3) enforce the antidumping and countervailing duty laws 
     vigorously in all pending and future cases.
                                 ______
                                 

                SPECTER (AND OTHERS) AMENDMENT NO. 2347

  (Ordered to lie on the table.)
  Mr. SPECTER (for himself, Mr. Hollings, Mr. Hatch, Mr. Santorum, Mr. 
Byrd, and Mr. Helms) submitted an amendment intended to be proposed by 
them to the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert the following new title:

     TITLE ____--PRIVATE RIGHT OF ACTION FOR DUMPED AND SUBSIDIZED 
                              MERCHANDISE

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Unfair Foreign Competition 
     Act of 1999''.

     SEC. ____02. PRIVATE ACTIONS FOR RELIEF FROM UNFAIR FOREIGN 
                   COMPETITION.

       (a) Clayton Act.--Section 1(a) of the Clayton Act (15 
     U.S.C. 12) is amended by inserting ``section 801 of the Act 
     of September 8, 1916, entitled `An Act to raise revenue, and 
     for other purposes' (39 Stat. 798; 15 U.S.C. 72);'' after 
     ``nineteen hundred and thirteen;''.
       (b) Action for Dumping Violations.--Section 801 of the Act 
     of September 8, 1916 (39 Stat. 798; 15 U.S.C. 72) is amended 
     to read as follows:

     ``SEC. 801. IMPORTATION OR SALE OF ARTICLES AT LESS THAN 
                   FOREIGN MARKET VALUE OR CONSTRUCTED VALUE.

       ``(a) Prohibition.--No person shall import into, or sell 
     within, the United States an article manufactured or produced 
     in a foreign country if--
       ``(1) the article is imported or sold within the United 
     States at a United States price that is less than the foreign 
     market value or constructed value of the article; and
       ``(2) the importation or sale--
       ``(A) causes or threatens to cause material injury to 
     industry or labor in the United States; or
       ``(B) prevents, in whole or in part, the establishment or 
     modernization of any industry in the United States.
       ``(b) Civil Action.--An interested party whose business or 
     property is injured by reason of an importation or sale of an 
     article in violation of this section may bring a civil action 
     in the Court of International Trade against any person who--
       ``(1) manufactures, produces, or exports the article; or
       ``(2) imports the article into the United States if the 
     person is related to the manufacturer or exporter of the 
     article.
       ``(c) Relief.--
       ``(1) In general.--Upon an affirmative determination by the 
     Court of International Trade in an action brought under 
     subsection (b), the court shall issue an order that includes 
     a description of the subject article in such detail as the 
     court deems necessary and shall--
       ``(A) direct the Customs Service to assess an antidumping 
     duty on the article covered by the determination in 
     accordance with section 736(a) of the Tariff Act of 1930 (19 
     U.S.C. 1673e); and
       ``(B) require the deposit of estimated antidumping duties 
     pending liquidation of entries of the article at the same 
     time as estimated normal customs duties on that article are 
     deposited.
       ``(d) Standard of Proof.--
       ``(1) Preponderance of evidence.--The standard of proof in 
     an action brought under subsection (b) is a preponderance of 
     the evidence.
       ``(2) Shift of burden of proof.--Upon--
       ``(A) a prima facie showing of the elements set forth in 
     subsection (a), or
       ``(B) affirmative final determinations adverse to the 
     defendant that are made by the administering authority and 
     the United States International Trade Commission under 
     section 735 of the Tariff Act of 1930 (19 U.S.C. 1673d) 
     relating to imports of the article in question for the 
     country in which the manufacturer of the article is located,

     the burden of proof in an action brought under subsection (b) 
     shall be upon the defendant.
       ``(e) Other Parties.--
       ``(1) In general.--Whenever, in an action brought under 
     subsection (b), it appears to the court that justice requires 
     that other parties be brought before the court, the court may 
     cause them to be summoned, without regard to where they 
     reside, and the subpoenas to that end may be served and 
     enforced in any judicial district of the United States.
       ``(2) Service on district director of customs service.--A 
     foreign manufacturer, producer, or exporter that sells 
     articles, or for whom articles are sold by another party in 
     the United States, shall be treated as having appointed the 
     District Director of the United States Customs Service for 
     the port through which the article that is the subject of the 
     action is commonly imported as the true and lawful agent of 
     the manufacturer, producer, or exporter, and all lawful 
     process may be served on the District Director in any action 
     brought under subsection (b) against the manufacturer, 
     producer, or exporter.
       ``(f) Limitation.--
       ``(1) Statute of limitation.--An action under subsection 
     (b) shall be commenced not later than 4 years after the date 
     on which the cause of action accrues.
       ``(2) Suspension.--The 4-year period provided for in 
     paragraph (1) shall be suspended--
       ``(A) while there is pending an administrative proceeding 
     under subtitle B of title VII of the Tariff Act of 1930 (19 
     U.S.C. 1673 et seq.) relating to the article that is the 
     subject of the action or an appeal of a final determination 
     in such a proceeding; and
       ``(B) for 1 year thereafter.
       ``(g) Noncompliance With Court Order.--If a defendant in an 
     action brought under subsection (b) fails to comply with any 
     discovery order or other order or decree of the court, the 
     court may--
       ``(1) enjoin the further importation into, or the sale or 
     distribution within, the United States by the defendant of 
     articles that are the same as, or similar to, the articles 
     that are alleged in the action to have been sold or imported 
     under the conditions described in subsection (a) until such 
     time as the defendant complies with the order or decree; or
       ``(2) take any other action authorized by law or by the 
     Federal Rules of Civil Procedure, including entering judgment 
     for the plaintiff.
       ``(h) Confidentiality and Privileged Status.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     confidential or privileged status accorded by law to any 
     documents, evidence, comments, or information shall be 
     maintained in any action brought under subsection (b).
       ``(2) Exception.--In an action brought under subsection (b) 
     the court may--
       ``(A) examine, in camera, any confidential or privileged 
     material;
       ``(B) accept depositions, documents, affidavits, or other 
     evidence under seal; and
       ``(C) disclose such material under such terms and 
     conditions as the court may order.
       ``(i) Expedition of Action.--An action brought under 
     subsection (b) shall be advanced on the docket and expedited 
     in every way possible.
       ``(j) Definitions.--In this section, the terms `United 
     States price', `foreign market value', `constructed value', 
     `subsidy', `interested party', and `material injury', have 
     the meanings given those terms under title VII of the Tariff 
     Act of 1930 (19 U.S.C. 1671 et seq.).
       ``(k) Intervention by the United States.--The court shall 
     permit the United States to intervene in any action brought 
     under subsection (b) as a matter of right. The United States 
     shall have all the rights of a party to such action.
       ``(l) Nullification of Order.--An order by a court under 
     this section may be set aside

[[Page S13433]]

     by the President pursuant to section 203 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1702).''.
       (c) Action for Subsidies Violations.--Title VIII of the Act 
     of September 8, 1916 (39 U.S.C. 798; 15 U.S.C. 71 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 807. IMPORTATION OR SALE OF SUBSIDIZED ARTICLES.

       ``(a) Prohibition.--No person shall import into, or sell 
     within, the United States an article manufactured or produced 
     in a foreign country if--
       ``(1) the foreign country, any person who is a citizen or 
     national of the foreign country, or a corporation, 
     association, or other organization organized in the foreign 
     country, is providing (directly or indirectly) a subsidy with 
     respect to the manufacture, production, or exportation of the 
     article; and
       ``(2) the importation or sale--
       ``(A) causes or threatens to cause material injury to 
     industry or labor in the United States; or
       ``(B) prevents, in whole or in part, the establishment or 
     modernization of any industry in the United States.
       ``(b) Civil Action.--An interested party whose business or 
     property is injured by reason of the importation or sale of 
     an article in violation of this section may bring a civil 
     action in the Court of International Trade against any person 
     who--
       ``(1) manufactures, produces, or exports the article; or
       ``(2) imports the article into the United States if the 
     person is related to the manufacturer, producer, or exporter 
     of the article.
       ``(c) Relief.--
       ``(1) In general.--Upon an affirmative determination by the 
     Court of International Trade in an action brought under 
     subsection (b), the court shall issue an order that includes 
     a description of the subject article in such detail as the 
     court deems necessary and shall--
       ``(A) direct the Customs Service to assess a countervailing 
     duty on the article covered by the determination in 
     accordance with section 706(a) of the Tariff Act of 1930 (19 
     U.S.C. 1671e); and
       ``(B) require the deposit of estimated countervailing 
     duties pending liquidation of entries of the article at the 
     same time as estimated normal customs duties on that article 
     are deposited.
       ``(d) Standard of Proof.--
       ``(1) Preponderance of evidence.--The standard of proof in 
     an action filed under subsection (b) is a preponderance of 
     the evidence.
       ``(2) Shift of burden of proof.--Upon--
       ``(A) a prima facie showing of the elements set forth in 
     subsection (a), or
       ``(B) affirmative final determinations adverse to the 
     defendant that are made by the administering authority and 
     the United States International Trade Commission under 
     section 705 of the Tariff Act of 1930 (19 U.S.C. 1671d) 
     relating to imports of the article in question from the 
     country in which the manufacturer of the article is located,
     the burden of proof in an action brought under subsection (b) 
     shall be upon the defendant.
       ``(e) Other Parties.--
       ``(1) In general.--Whenever, in an action brought under 
     subsection (b), it appears to the court that justice requires 
     that other parties be brought before the court, the court may 
     cause them to be summoned, without regard to where they 
     reside, and the subpoenas to that end may be served and 
     enforced in any judicial district of the United States.
       ``(2) Service on district director of customs service.--A 
     foreign manufacturer, producer, or exporter that sells 
     articles, or for which articles are sold by another party in 
     the United States, shall be treated as having appointed the 
     District Director of the United States Customs Service for 
     the port through which the article that is the subject of the 
     action is commonly imported as the true and lawful agent of 
     the manufacturer, producer, or exporter, and all lawful 
     process may be served on the District Director in any action 
     brought under subsection (b) against the manufacturer, 
     producer, or exporter.
       ``(f) Limitation.--
       ``(1) Statute of limitations.--An action under subsection 
     (b) shall be commenced not later than 4 years after the date 
     on which the cause of action accrues.
       ``(2) Suspension.--The 4-year period provided for in 
     paragraph (1) shall be suspended--
       ``(A) while there is pending an administrative proceeding 
     under subtitle A of title VII of the Tariff Act of 1930 (19 
     U.S.C. 1671 et seq.) relating to the article that is the 
     subject of the action or an appeal of a final determination 
     in such a proceeding; and
       ``(B) for 1 year thereafter.
       ``(g) Noncompliance With Court Order.--If a defendant in an 
     action brought under subsection (b) fails to comply with any 
     discovery order or other order or decree of the court, the 
     court may--
       ``(1) enjoin the further importation into, or the sale or 
     distribution within, the United States by the defendant of 
     articles that are the same as, or similar to, the articles 
     that are alleged in the action to have been sold or imported 
     under the conditions described in subsection (a) until such 
     time as the defendant complies with the order or decree; 
     or
       ``(2) take any other action authorized by law or by the 
     Federal Rules of Civil Procedure, including entering judgment 
     for the plaintiff.
       ``(h) Confidentiality and Privileged Status.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     confidential or privileged status accorded by law to any 
     documents, evidence, comments, or information shall be 
     maintained in any action brought under subsection (b).
       ``(2) Exception.--In an action brought under subsection (b) 
     the court may--
       ``(A) examine, in camera, any confidential or privileged 
     material;
       ``(B) accept depositions, documents, affidavits, or other 
     evidence under seal; and
       ``(C) disclose such material under such terms and 
     conditions as the court may order.
       ``(i) Expedition of Action.--An action brought under 
     subsection (b) shall be advanced on the docket and expedited 
     in every way possible.
       ``(j) Definitions.--In this section, the terms `subsidy', 
     `material injury', and `interested party' have the meanings 
     given those terms under title VII of the Tariff Act of 1930 
     (19 U.S.C. 1671 et seq.).   
       ``(k) Intervention by the United States.--The court shall 
     permit the United States to intervene in any action brought 
     under subsection (b) as a matter of right. The United States 
     shall have all the rights of a party to such action.
       ``(l) Nullification of Order.--An order by a court under 
     this section may be set aside by the President pursuant to 
     section 203 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702).''.
       (d) Action for Customs Fraud.--
       (1) Amendment of title 28, united states code.--Chapter 95 
     of title 28, United States Code, is amended by adding at the 
     end the following new section:

     ``Sec. 1586. Private enforcement action for customs fraud

       ``(a) Civil Action.--An interested party whose business or 
     property is injured by a fraudulent, grossly negligent, or 
     negligent violation of section 592(a) of the Tariff Act of 
     1930 (19 U.S.C. 1592(a)) may bring a civil action in the 
     Court of International Trade, without respect to the amount 
     in controversy.
       ``(b) Relief.--Upon proof by an interested party that the 
     business or property of such interested party has been 
     injured by a fraudulent, grossly negligent, or negligent 
     violation of section 592(a) of the Tariff Act of 1930, the 
     interested party shall--
       ``(1)(A) be granted such equitable relief as may be 
     appropriate, which may include an injunction against further 
     importation into the United States of the merchandise in 
     question; or
       ``(B) if injunctive relief cannot be timely provided or is 
     otherwise inadequate, recover damages for the injuries 
     sustained; and
       ``(2) recover the costs of suit, including reasonable 
     attorney's fees.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Interested party.--The term `interested party' 
     means--
       ``(A) a manufacturer, producer, or wholesaler in the United 
     States of like or competing merchandise; or
       ``(B) a trade or business association a majority of whose 
     members manufacture, produce, or wholesale like merchandise 
     or competing merchandise in the United States.
       ``(2) Like merchandise.--The term `like merchandise' means 
     merchandise that is like, or in the absence of like, most 
     similar in characteristics and users with, merchandise being 
     imported into the United States in violation of section 
     592(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)).
       ``(3) Competing merchandise.--The term `competing 
     merchandise' means merchandise that competes with or is a 
     substitute for merchandise being imported into the United 
     States in violation of section 592(a) of the Tariff Act of 
     1930 (19 U.S.C. 1592(a)).
       ``(d) Intervention by the United States.--The court shall 
     permit the United States to intervene in an action brought 
     under this section, as a matter of right. The United States 
     shall have all the rights of a party.
       ``(e) Nullification of Order.--An order by a court under 
     this section may be set aside by the President pursuant to 
     section 203 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1702).''.
       (2) Technical amendment.--The chapter analysis for chapter 
     95 of title 28, United States Code, is amended by adding at 
     the end the following new item:

``1586. Private enforcement action for customs fraud.''.

     SEC. ____03. AMENDMENTS TO THE TARIFF ACT OF 1930.

       (a) In General.--Title VII of the Tariff Act of 1930 (19 
     U.S.C. 1671 et seq.) is amended by inserting after section 
     753 the following new section:

     ``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.

       ``(a) In General.--Duties assessed pursuant to a 
     countervailing duty order, an antidumping duty order, or a 
     finding under the Antidumping Act of 1921 shall be 
     distributed on an annual basis under this section to workers 
     for damages sustained for loss of wages resulting from the 
     loss of jobs, and to the affected domestic producers for 
     qualifying expenditures. Such distribution shall be known as 
     the `continued dumping and subsidy offset'.
       ``(b) Definitions.--As used in this section:
       ``(1) Affected domestic producer.--The term `affected 
     domestic producer' means any manufacturer, producer, farmer, 
     rancher, or worker representative (including associations of 
     such persons) that--

[[Page S13434]]

       ``(A) was a petitioner or interested party in support of 
     the petition with respect to which an antidumping duty order, 
     a finding under the Antidumping Act of 1921, or a 
     countervailing duty order has been entered, and
       ``(B) remains in operation.
      Companies, businesses, or persons that have ceased the 
     production of the product covered by the order or finding or 
     who have been acquired by a company or business that is 
     related to a company that opposed the investigation shall not 
     be an affected domestic producer.
       ``(2) Commissioner.--The term `Commissioner' means the 
     Commissioner of Customs.
       ``(3) Commission.--The term `Commission' means the United 
     States International Trade Commission.
       ``(4) Qualifying expenditure.--The term `qualifying 
     expenditure' means an expenditure incurred after the issuance 
     of the antidumping duty finding or order or countervailing 
     duty order in any of the following categories:
       ``(A) Plant.
       ``(B) Equipment.
       ``(C) Research and development.
       ``(D) Personnel training.
       ``(E) Acquisition of technology.
       ``(F) Health care benefits to employees paid for by the 
     employer.
       ``(G) Pension benefits to employees paid for by the 
     employer.
       ``(H) Environmental equipment, training, or technology.
       ``(I) Acquisition of raw materials and other inputs.
       ``(J) Borrowed working capital or other funds needed to 
     maintain production.
       ``(5) Related to.--A company, business, or person shall be 
     considered to be `related to' another company, business, or 
     person if--
       ``(A) the company, business, or person directly or 
     indirectly controls or is controlled by the other company, 
     business, or person,
       ``(B) a third party directly or indirectly controls both 
     companies, businesses, or persons,
       ``(C) both companies, businesses, or persons directly or 
     indirectly control a third party and there is reason to 
     believe that the relationship causes the first company, 
     business, or persons to act differently than a nonrelated 
     party.

     For purposes of this paragraph, a party shall be considered 
     to directly or indirectly control another party if the party 
     is legally or operationally in a position to exercise 
     restraint or direction over the other party.
       ``(6) Workers.--The term `workers' refers to persons who 
     sustained damages for loss of wages resulting from loss of 
     jobs. The Secretary of Labor shall determine eligibility for 
     purposes of this section.
       ``(c) Distribution Procedures.--The Commissioner in 
     consultation with the Secretary of Labor shall prescribe 
     procedures for distribution of the continued dumping or 
     subsidies offset required by this section. Such distribution 
     shall be made not later than 60 days after the first day of a 
     fiscal year from duties assessed during the preceding fiscal 
     year.
       ``(d) Parties Eligible for Distribution of Antidumping and 
     Countervailing Duties Assessed.--
       ``(1) List of workers and affected domestic producers.--The 
     Commission shall forward to the Commissioner within 60 days 
     after the effective date of this section in the case of 
     orders or findings in effect on such effective date, or in 
     any other case, within 60 days after the date an antidumping 
     or countervailing duty order or finding is issued, a list of 
     petitioners and persons with respect to each order and 
     finding and a list of persons that indicate support of the 
     petition by letter or through questionnaire response. In 
     those cases in which a determination of injury was not 
     required or the Commission's records do not permit an 
     identification of those in support of a petition, the 
     Commission shall consult with the administering authority to 
     determine the identity of the petitioner and those domestic 
     parties who have entered appearances during administrative 
     reviews conducted by the administering authority under 
     section 751.
       ``(2) Publication of list; certification.--The Commissioner 
     shall publish in the Federal Register at least 30 days before 
     the distribution of a continued dumping and subsidy offset, a 
     notice of intention to distribute the offset and the list of 
     workers and affected domestic producers potentially eligible 
     for the distribution based on the list obtained from the 
     Commission under paragraph (1). The Commissioner shall 
     request a certification from each potentially eligible 
     affected domestic producer--
       ``(A) that the producer desires to receive a distribution;
       ``(B) that the producer is eligible to receive the 
     distribution as an affected domestic producer; and
       ``(C) the qualifying expenditures incurred by the producer 
     since the issuance of the order or finding for which 
     distribution under this section has not previously been made.
       ``(3) Distribution of funds.--The Commissioner in 
     consultation with the Secretary of Labor shall distribute all 
     funds (including all interest earned on the funds) from 
     assessed duties received in the preceding fiscal year to 
     workers and to the affected domestic producers based on the 
     certifications described in paragraph (2). The distributions 
     shall be made on a pro rata basis based on new and remaining 
     qualifying expenditures.
       ``(e) Special Accounts.--
       ``(1) Establishments.--Within 14 days after the effective 
     date of this section, with respect to antidumping duty orders 
     and findings and countervailing duty orders in effect on the 
     effective date of this section, and within 14 days after the 
     date an antidumping duty order or finding or countervailing 
     duty order issued after the effective date takes effect, the 
     Commissioner shall establish in the Treasury of the United 
     States a special account with respect to each such order or 
     finding.
       ``(2) Deposits into accounts.--The Commissioner shall 
     deposit into the special accounts, all antidumping or 
     countervailing duties (including interest earned on such 
     duties) that are assessed after the effective date of this 
     section under the antidumping order or finding or the 
     countervailing duty order with respect to which the account 
     was established.
       ``(3) Time and manner of distributions.--Consistent with 
     the requirements of subsections (c) and (d), the Commissioner 
     shall by regulation prescribe the time and manner in which 
     distribution of the funds in a special account shall made.
       ``(4) Termination.--A special account shall terminate 
     after--
       ``(A) the order or finding with respect to which the 
     account was established has terminated;
       ``(B) all entries relating to the order or finding are 
     liquidated and duties assessed collected;
       ``(C) the Commissioner has provided notice and a final 
     opportunity to obtain distribution pursuant to subsection 
     (c); and
       ``(D) 90 days has elapsed from the date of the notice 
     described in subparagraph (C).

     Amounts not claimed within 90 days of the date of the notice 
     described in subparagraph (C), shall be deposited into the 
     general fund of the Treasury.''.
       (b) Conforming Amendment.--The table of contents for title 
     VII of the Tariff Act of 1930 is amended by inserting the 
     following new item after the item relating to section 753:

``Sec. 754. Continued dumping and subsidy offset.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to all antidumping and 
     countervailing duty assessments made on or after October 1, 
     1996.
                                 ______
                                 

                  TORRICELLI AMENDMENTS NOS. 2348-2349

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted two amendments intended to be proposed by 
him to the bill, H.R. 434, supra; as follows:

                           Amendment No. 2348

       At the appropriate place, insert the following new section:

     SEC. ____. MODIFICATIONS TO CASUALTY LOSS DEDUCTION FOR 1999 
                   TAXABLE YEAR.

       (a) Lower Adjusted Gross Income Threshold.--Paragraph (2) 
     of section 165(h) of the Internal Revenue Code of 1986 
     (relating to treatment of casualty gains and losses) is 
     amended--
       (1) by striking ``10 percent of the adjusted gross income 
     of the individual'' in subparagraph (A)(ii) and inserting ``5 
     percent of the adjusted gross income of the individual 
     (determined without regard to any deduction allowable under 
     subsection (c)(3))'', and
       (2) by striking ``10 percent'' in the heading and inserting 
     ``5 percent''.
       (b) Above-The-Line Deduction.--Section 62(a) of the 
     Internal Revenue Code of 1986 (defining adjusted gross 
     income) is amended by inserting after paragraph (17) the 
     following:
       ``(18) Certain disaster losses.--The deduction allowed by 
     section 165(c)(3).''
       (c) Effective Date.--The amendments made by this section 
     shall apply to losses sustained in taxable years beginning in 
     1999.
                                  ____


                           Amendment No. 2349

       At the appropriate place, insert the following new section:

     SEC. ____. TREATMENT OF CERTAIN STATE AND LOCAL DISASTER 
                   RELIEF.

       (a) In General.--With respect to a major disaster described 
     in subsection (b), no person, business concern, or other 
     entity shall be denied financial assistance (or required to 
     repay financial assistance) under section 312 of the Robert 
     T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 
     5155) as a result of the receipt of financial assistance from 
     a State or local government with respect to such disaster, 
     except that such assistance may be denied (or required to be 
     repaid) to the extent that the total assistance from all 
     sources to the person, business concern, or other entity, 
     exceeds the loss suffered by the person, business concern, or 
     other entity.
       (b) Applicability.--This section shall apply only to major 
     disasters occurring after September 14, 1999, and before 
     September 20, 1999.
                                 ______
                                 

             DURBIN (AND SCHUMER) AMENDMENTS NOS. 2350-2351

  (Ordered to lie on the table.)
  Mr. DURBIN (for himself, and Mr. Schumer) submitted two amendments 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

                           Amendment No. 2350

         On page ____, line ____, strike ``2 years'' and insert 
     ``5 years''.

[[Page S13435]]

     
                                  ____
                           Amendment No. 2351

       At the appropriate place, insert the following new section:

     SEC. ____. LIMITATIONS ON PREFERENTIAL TREATMENT.

       The President may not exercise the authority to extend 
     preferential tariff treatment to any country in sub-Saharan 
     Africa provided for in this Act, unless the President 
     certifies to Congress, using existing authority, that the 
     President does not need additional authority to save American 
     jobs in the garment, textile, and wool growing industries. 
     For purposes of the preceding sentence, ``additional 
     authority'' includes authority to implement preferential 
     tariff treatment for fabrics of carded or combed wool, 
     certified by the importer as intended for use in making 
     suits, suit-type jackets, or trousers provided for in 
     subheading 5111.11.70, 5111.19.60, 5112.11.20, or 5112.19.90 
     of the Harmonized Tariff Schedule of the United States.
                                 ______
                                 

                    DURBIN AMENDMENTS NOS. 2352-2353

  (Ordered to lie on the table.)
  Mr. DURBIN submitted two amendments intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

                           Amendment No. 2352

         At the end of the bill, insert the following new title:
                 TITLE ____--STEEL IMPORT NOTIFICATION

     SEC. ____01. STEEL IMPORT NOTIFICATION AND MONITORING 
                   PROGRAM.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Commerce, in 
     consultation with the Secretary of the Treasury, shall 
     establish and implement a steel import notification and 
     monitoring program. The program shall include a requirement 
     that any person importing a product classified under chapter 
     72 or 73 of the Harmonized Tariff Schedule of the United 
     States obtain an import notification certificate before such 
     products are entered into the United States.
       (b) Steel Import Notification Certificates.--
       (1) In general.--In order to obtain a steel import 
     notification certificate, an importer shall submit to the 
     Secretary of Commerce an application containing--
       (A) the importer's name and address;
       (B) the name and address of the supplier of the goods to be 
     imported;
       (C) the name and address of the producer of the goods to be 
     imported;
       (D) the country of origin of the goods;
       (E) the country from which the goods are to be imported;
       (F) the United States Customs port of entry where the goods 
     will be entered;
       (G) the expected date of entry of the goods into the United 
     States;
       (H) a description of the goods, including the 
     classification of such goods under the Harmonized Tariff 
     Schedule of the United States;
       (I) the quantity (in kilograms and net tons) of the goods 
     to be imported;
       (J) the cost insurance freight (CIF) and free alongside 
     ship (FAS) values of the goods to be entered;
       (K) whether the goods are being entered for consumption or 
     for entry into a bonded warehouse or foreign trade zone;
       (L) a certification that the information furnished in the 
     certificate application is correct; and
       (M) any other information the Secretary of Commerce 
     determines to be necessary and appropriate.
       (2) Entry into customs territory.--In the case of 
     merchandise classified under chapter 72 or 73 of the 
     Harmonized Tariff Schedule of the United States that is 
     initially entered into a bonded warehouse or foreign trade 
     zone, a steel import notification certificate shall be 
     required before the merchandise is entered into the customs 
     territory of the United States.
       (3) Issuance of steel import notification certificate.--The 
     Secretary of Commerce shall issue a steel import notification 
     certificate to any person who files an application that meets 
     the requirements of this section. Such certificate shall be 
     valid for a period of 30 days from the date of issuance.
       (c) Statistical Information.--
       (1) In general.--The Secretary of Commerce shall compile 
     and publish on a weekly basis information described in 
     paragraph (2).
       (2) Information described.--Information described in this 
     paragraph means information obtained from steel import 
     notification certificate applications concerning steel 
     imported into the United States and includes with respect to 
     such imports the Harmonized Tariff Schedule of the United 
     States classification (to the tenth digit), the country of 
     origin, the port of entry, quantity, value of steel imported, 
     and whether the imports are entered for consumption or are 
     entered into a bonded warehouse or foreign trade zone. Such 
     information shall also be compiled in aggregate form and made 
     publicly available by the Secretary of Commerce on a weekly 
     basis by public posting through an Internet website. The 
     information provided under this section shall be in addition 
     to any information otherwise required by law.
       (d) Fees.--The Secretary of Commerce may prescribe 
     reasonable fees and charges to defray the costs of carrying 
     out the provisions of this section, including a fee for 
     issuing a certificate under this section.
       (e) Single Producer and Exporter Countries.--
     Notwithstanding any other provision of law, the Secretary of 
     Commerce shall make publicly available all information 
     required to be released pursuant to subsection (c), including 
     information obtained regarding imports from a foreign 
     producer or exporter that is the only producer or exporter of 
     goods subject to this section from a foreign country.
       (f) Regulations.--The Secretary of Commerce may prescribe 
     such rules and regulations relating to the steel import 
     notification and monitoring program as may be necessary to 
     carry out the provisions of this section.
                                  ____


                           Amendment No. 2353

       At the end of the bill, insert the following new title:

                       TITLE ____--IMPORT SURGES

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Fair Trade Law Enhancement 
     Act of 1999''.

                    Subtitle A--Safeguard Amendments

     SEC. ____11. CAUSATION STANDARD.

       (a) Change in Causation Standard.--(1) Section 201(a) of 
     the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by 
     striking ``substantial''.
       (2) Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) 
     is amended--
       (A) in subsection (b)(1)(A), by striking ``substantial'';
       (B) by amending subsection (b)(1)(B) to read as follows:
       ``(B) Imports are a cause of serious injury, or the threat 
     thereof, when a causal link can be established between 
     imports and the domestic industry's injury.'';
       (C) in subsection (c)(1)(C), by striking ``substantial 
     cause'' and inserting ``the causal link'';
       (D) in subsection (c)(3), by striking ``substantial''; and
       (E) in subsection (d)(2)(A)(i), by striking 
     ``substantial''.
       (b) Conforming Amendment.--Section 264(c) of the Trade Act 
     of 1974 (19 U.S.C. 2354(c)) is amended by striking 
     ``substantial''.

     SEC. ____12. CAPTIVE PRODUCTION.

       Section 202(c)(4) of the Trade Act of 1974 (19 U.S.C. 
     2252(c)(4)) is amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (3) by adding after subparagraph (C) the following:
       ``(D) shall, in cases in which domestic producers transfer 
     internally, including to related parties, significant 
     production of the like or directly competitive article for 
     the production of a downstream article and sell significant 
     production of the like or directly competitive article in the 
     merchant market, focus on the merchant market when 
     determining the domestic industry's market share and other 
     relevant factors.
     For purposes of this section, a party is related to another 
     party if the first party controls, is controlled by, or is 
     under common control with, that other party.''.

     SEC. ____13. PRESUMPTION OF THREAT AND OF CRITICAL 
                   CIRCUMSTANCES.

       Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is 
     amended--
       (1) in subsection (c)(1), by inserting at the end the 
     following flush sentences:
     ``Notwithstanding subparagraph (B), if the Commission finds 
     that, at any time during the 12-month period preceding the 
     initiation of an investigation, there has been a rapid 
     decline in domestic prices for the like or directly 
     competitive article and a rapid increase in imports of the 
     imported article, the Commission shall apply a rebuttable 
     presumption that the domestic industry is threatened with 
     serious injury by reason of such imports. For purposes of the 
     preceding sentence, the term `rapid' means a change of 10 
     percent or more from one calendar quarter to the next, and 
     the price decline and the increase in imports need not be 
     contemporaneous. In any case in which this presumption does 
     not apply, or in which it applies but is rebutted, the 
     Commission shall conduct a threat of serious injury analysis 
     as if no such presumption applied.''; and
       (2) in subsection (d)(2)(A), by adding at the end the 
     following flush sentences:
     ``If the Commission finds that, at any time during the 12-
     month period preceding the initiation of an investigation, 
     there has been a rapid decline in domestic prices for the 
     like or directly competitive article and a rapid increase in 
     imports of the imported article, the Commission shall apply a 
     rebuttable presumption that the criteria in clauses (i) and 
     (ii) are met. For purposes of this paragraph, the term 
     `rapid' means a change of 10 percent or more from one 
     calendar quarter to the next, and the price decline and the 
     increase in imports need not be contemporaneous. In any case 
     in which this presumption does not apply, or in which it 
     applies but is rebutted, the Commission shall conduct a 
     critical circumstances analysis as if no such presumption 
     applied.''.

     SEC. ____14. INJURY FACTORS.

       Section 202(c)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
     2252(c)(1)(A)) is amended to read as follows:
       ``(A) with respect to serious injury--
       ``(i) the rate and amount of the increase in imports of the 
     product concerned in absolute and relative terms;
       ``(ii) the share of the domestic market taken by increased 
     imports;
       ``(iii) changes in the level of sales;
       ``(iv) production;

[[Page S13436]]

       ``(v) productivity;
       ``(vi) capacity utilization;
       ``(vii) profits and losses; and
       ``(viii) employment;''.

     Subtitle B--Amendments to Title VII of the Tariff Act of 1930

     SEC. ____21. CAPTIVE PRODUCTION.

       Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 
     1677(7)(C)(iv)) is amended to read as follows:
       ``(iv) Captive production.--If domestic producers transfer 
     internally, including to affiliated persons as defined in 
     section 771(33), 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, then the Commission, in determining market 
     share and the factors affecting financial performance set 
     forth in clause (iii), shall focus on the merchant market.''.

     SEC. ____22. CUMULATION.

       Section 771(7)(G)(i) of the Tariff Act of 1930 (19 U.S.C. 
     1677(7)(G)(i)) is amended to read as follows:
       ``(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 subject to 
     petitions filed under section 702(b) or 732(b), or subject to 
     investigations initiated under 702(a) or 732(a), if such 
     petitions were filed, or such investigations were initiated, 
     within 90 days before the date on which the Commission is 
     required to make its final injury determination, and if such 
     imports compete with each other and with the domestic like 
     products in the United States market.''.

     SEC. ____23. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND INJURY.

       Section 771(7)(C) of the Tariff act of 1930 (19 U.S.C. 
     1677(7)(C)), as amended by section ____21, is amended by 
     adding at the end the following new clause:
       ``(v) Imports; basis for affirmative determination.--The 
     Commission shall not weigh against other factors the injury 
     caused by imports found by the administering authority to be 
     dumped or provided a countervailable subsidy. Rather, if the 
     imports are a contributing cause of injury to the domestic 
     industry, the Commission shall make an affirmative 
     determination, unless the injury caused by the imports is 
     inconsequential, immaterial, or unimportant.''.

     SEC. ____24. PRESUMPTION OF THREAT OF MATERIAL INJURY.

       Section 771(7)(F) of the Tariff Act of 1930 (19 U.S.C. 
     1677(7)(F)) is amended by redesignating clause (iii) as 
     clause (iv) and inserting after clause (ii) the following new 
     clause:
       ``(iii) Presumption of threat of material injury.--
     Notwithstanding clauses (i) and (ii), if the Commission finds 
     that, at any time during the 12-month period preceding the 
     initiation of an investigation, there has been a rapid 
     decline in domestic prices for the domestic like product and 
     a rapid increase in imports of the subject merchandise, the 
     Commission shall apply a rebuttable presumption that the 
     domestic industry is threatened with material injury by 
     reason of such imports. For purposes of this clause, the term 
     `rapid' means a change of 10 percent or more from one 
     calendar quarter to the next, and the price decline and the 
     increase in imports need not be contemporaneous. In any case 
     in which this presumption does not apply, or in which it 
     applies but is rebutted, the Commission shall conduct a 
     threat of injury analysis as if no such presumption 
     applied.''.

     SEC. ____25. PRESUMPTION OF CRITICAL CIRCUMSTANCES.

       (a) Initial Finding by Commission.--
       (1) Countervailable subsidy.--Section 703(a) of the Tariff 
     Act of 1930 (19 U.S.C. 1671b(a)) is amended by adding at the 
     end the following:
       ``(3) Determination of rapid decline.--Any preliminary 
     determination by the Commission under this subsection shall 
     include a determination of whether at any time during the 12-
     month period preceding the initiation of the investigation 
     there has been a rapid decline in domestic prices for the 
     domestic like product. For purposes of this paragraph, the 
     term `rapid' means a change of 10 percent or more from one 
     calendar quarter to the next.''.
       (2) Dumping.--Section 733(a) of the Tariff Act of 1930 (19 
     U.S.C. 1673b(a)) is amended by adding at the end the 
     following:
       ``(3) Determination of rapid decline.--Any preliminary 
     determination by the Commission under this subsection shall 
     include a determination of whether at any time during the 12-
     month period preceding the initiation of the investigation 
     there has been a rapid decline in domestic prices for the 
     domestic like product. For purposes of this paragraph, the 
     term `rapid' means a change of 10 percent or more from one 
     calendar quarter to the next.''.
       (b) Countervailing Duty Cases.--
       (1) Preliminary determinations by administering 
     authority.--Section 703(e) of the Tariff Act of 1930 (19 
     U.S.C. 1671b(e)) is amended by redesignating paragraph (2) as 
     paragraph (3) and inserting after paragraph (1) the 
     following:
       ``(2) Presumption of critical circumstances.--
     Notwithstanding paragraph (1), if the Commission has found 
     under subsection (a)(3) a rapid decline in domestic prices 
     during a 12-month period and the administering authority 
     finds that a rapid increase in imports of the 
     subject merchandise occurred during the same 12-month 
     period, the administering authority shall apply a 
     rebuttable presumption that critical circumstances exist 
     with respect to such imports. For purposes of this 
     paragraph, the term `rapid' means a change of 10 percent 
     or more from one calendar quarter to the next, and the 
     price decline and the increase in imports need not be 
     contemporaneous. In any case in which this presumption 
     does not apply, or in which it applies but is rebutted, 
     the administering authority shall conduct a critical 
     circumstances analysis as if no such presumption 
     applied.''.
       (2) Final determinations by administering authority.--
     Section 705(a) of the Tariff Act of 1930 (19 U.S.C. 1671d(a)) 
     is amended by redesignating paragraph (3) as paragraph (4) 
     and inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Critical circumstances determinations; special 
     rule.--Notwithstanding paragraph (2), if the Commission has 
     found under section 703(a)(3) a rapid decline in domestic 
     prices during a 12-month period, and the administering 
     authority finds that a rapid increase in imports of the 
     subject merchandise occurred during the same 12-month period, 
     the administering authority shall apply a rebuttable 
     presumption that critical circumstances exist with respect to 
     such imports. For purposes of this paragraph, the term 
     `rapid' means a change of 10 percent or more from one 
     calendar quarter to the next, and the price decline and the 
     increase in imports need not be contemporaneous. In any case 
     in which this presumption does not apply, or in which it 
     applies but is rebutted, the administering authority shall 
     conduct a critical circumstances analysis as if no such 
     presumption applied.''.
       (3) Final determinations by commission.--Section 
     705(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 
     1671d(b)(4)(A)) is amended by inserting after clause (ii) the 
     following new clause:
       ``(iii) Presumption that standard for retroactive 
     application is met.--Notwithstanding clause (ii), if the 
     Commission determines that, at any time during the 12-month 
     period since the initiation of the investigation, there has 
     been a rapid decline in domestic prices for the domestic like 
     product and a rapid increase in imports of the subject 
     merchandise, the Commission shall apply a rebuttable 
     presumption that 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. For purposes of this 
     clause, the term `rapid' means a change of 10 percent or more 
     from one calendar quarter to the next, and the price decline 
     and the increase in imports need not be contemporaneous. In 
     any case in which this presumption does not apply, or in 
     which it applies but is rebutted, the Commission shall 
     conduct a critical circumstances analysis as if no such 
     presumption applied.''.
       (c) Antidumping Cases.--
       (1) Preliminary determinations by administering 
     authority.--Section 733(e) of the Tariff Act of 1930 (19 
     U.S.C. 1673b(e)) is amended by redesignating paragraph (2) as 
     paragraph (3) and inserting after paragraph (1) the following 
     new paragraph:
       ``(2) Presumption of critical circumstances.--
     Notwithstanding paragraph (1), if the Commission has found 
     under subsection (a)(3) a rapid decline in domestic prices 
     during a 12-month period and the administering authority 
     finds that a rapid increase in imports of the subject 
     merchandise occurred during the same 12-month period, the 
     administering authority shall apply a rebuttable presumption 
     that critical circumstances exist with respect to such 
     imports. For purposes of this paragraph, the term `rapid' 
     means a change of 10 percent or more from one calendar 
     quarter to the next, and the price decline and the increase 
     in imports need not be contemporaneous. In any case in which 
     this presumption does not apply, or in which it applies but 
     is rebutted, the administering authority shall conduct a 
     critical circumstances analysis as if no such presumption 
     applied.''.
       (2) Final determinations by administering authority.--
     Section 735(a) of the Tariff Act of 1930 (19 U.S.C. 1673d(a)) 
     is amended by redesignating paragraph (4) as paragraph (5) 
     and inserting after paragraph (3) the following:
       ``(4) Critical circumstances determinations; special 
     rule.--Notwithstanding paragraph (3), if the Commission has 
     found under section 733(a)(3) a rapid decline in domestic 
     prices during a 12-month period, and the administering 
     authority finds that a rapid increase in imports of the 
     subject merchandise occurred during the same 12-month period, 
     the administering authority shall apply a rebuttable 
     presumption that critical circumstances exist with respect to 
     such imports. For purposes of this paragraph, the term 
     `rapid' means a change of 10 percent or more from one 
     calendar quarter to the next, and the price decline and the 
     increase in imports need not be contemporaneous. In any case 
     in which this presumption does not apply, or in which it 
     applies but is rebutted, the administering authority shall 
     conduct a critical circumstances analysis as if no such 
     presumption applied.''.
       (3) Final determinations by commission.--Section 
     735(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 
     1673d(b)(4)(A)) is amended by adding after clause (ii) the 
     following:

[[Page S13437]]

       ``(iii) Presumption that standard for retroactive 
     application is met.--Notwithstanding clause (ii), if the 
     Commission determines that, at any time during the 12-month 
     period since the initiation of the investigation, there has 
     been a rapid decline in domestic prices for the domestic like 
     product and a rapid increase in imports of the subject 
     merchandise, the Commission shall apply a rebuttable 
     presumption that 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. For purposes of this clause, 
     the term `rapid' means a change of 10 percent or more from 
     one calendar quarter to the next, and the price decline and 
     the increase in imports need not be contemporaneous. In any 
     case in which this presumption does not apply, or in which it 
     applies but is rebutted, the Commission shall conduct a 
     critical circumstances analysis as if no such presumption 
     applied.''.

     SEC. ____26. PREVENTION OF CIRCUMVENTION.

       Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 
     1677j(c)) is amended to read as follows:
       ``(c) Minor Alterations of Merchandise.--The class or kind 
     of merchandise subject to--
       ``(1) an investigation under this subtitle,
       ``(2) an antidumping duty order issued under section 736,
       ``(3) a finding issued under the Antidumping Act, 1921, or
       ``(4) a countervailing duty order issued under section 706 
     or section 303,
     shall include articles whose form or appearance has been 
     altered in minor respects by changes in production process 
     (including raw agricultural products that have undergone 
     minor processing), regardless of any change in tariff 
     classification and regardless of whether the merchandise 
     description used in the investigation, order, or finding 
     would otherwise exclude the altered article.''.

     SEC. ____27. DOMESTIC INDUSTRY SUPPORT FOR SUSPENSION 
                   AGREEMENTS.

       (a) Countervailing Duty Cases.--Section 704(d) of the 
     Tariff Act of 1930 (19 U.S.C. 1671c(d)(1)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B), 
     and inserting ``, and''; and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) the domestic producers or workers who support the 
     agreement account for more than 50 percent of the production 
     of the domestic like product produced by those expressing an 
     opinion on the agreement.''; and
       (2) by adding at the end the following new paragraph:
       ``(4) Special rules relating to domestic producer and 
     worker support.--
       ``(A) Determination of industry support.--
       ``(i) Certain positions disregarded.--

       ``(I) Producers related to foreign producers.--In 
     determining industry support under paragraph (1)(C), the 
     administering authority shall disregard the position of 
     domestic producers who support the agreement, 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 if the agreement is not accepted.
       ``(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.

       ``(ii) Special rule for regional industries.--If the 
     petition which led to the proposed suspension agreement 
     alleges that the industry is a regional industry, the 
     administering authority shall determine whether the agreement 
     is supported by or on behalf of the industry by applying 
     paragraph (1)(C) on the basis of production in the region.
       ``(B) National security exception.--In any case in which 
     the administering authority determines that the domestic 
     producers or workers who support the agreement do not account 
     for more than 50 percent of the production of the domestic 
     like product produced by those expressing an opinion on the 
     agreement, the administering authority may accept the 
     agreement, notwithstanding the provisions of paragraph 
     (1)(C), if the President determines and certifies to the 
     administering authority that failure to accept the 
     agreement would undermine the national security interests 
     of the United States or pose an extraordinary threat to 
     the economy of the United States.''.
       (b) Antidumping Duty Cases.--Section 734(d) of the Tariff 
     Act of 1930 (19 U.S.C. 1673c(d)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``The administering authority'' and 
     inserting:
       ``(1) In general.--The administering authority'';
       (3) by striking ``and'' at the end of subparagraph (A), as 
     redesignated;
       (4) by striking the period at the end of subparagraph (B), 
     as redesignated, and inserting ``, and'';
       (5) by inserting after subparagraph (B), as redesignated, 
     the following new subparagraph:
       ``(C) the domestic producers or workers who support the 
     agreement account for more than 50 percent of the production 
     of the domestic like product produced by those expressing an 
     opinion on the agreement.''; and
       (6) by adding at the end the following new paragraph:
       ``(2) Special rules relating to domestic producer and 
     worker support.--
       ``(A) Determination of industry support.--
       ``(i) Certain positions disregarded.--

       ``(I) Producers related to foreign producers.--In 
     determining domestic producer or worker support for purposes 
     of paragraph (1)(C), the administering authority shall 
     disregard the position of domestic producers who support the 
     agreement, 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 if the 
     agreement is not accepted.
       ``(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.

       ``(ii) Special rule for regional industries.--If the 
     petition which led to the proposed suspension agreement 
     alleges the industry is a regional industry, the 
     administering authority shall determine whether the agreement 
     is supported by or on behalf of the industry by applying 
     paragraph (1)(C) on the basis of production in the region.
       ``(B) National security exception.--In any case in which 
     the administering authority determines that the domestic 
     producers or workers who support the agreement do not account 
     for more than 50 percent of the production of the domestic 
     like product produced by those expressing an opinion on the 
     agreement, the administering authority may accept the 
     agreement, notwithstanding the provisions of paragraph 
     (1)(C), if the President determines and certifies to the 
     administering authority that failure to accept the agreement 
     would undermine the national security interests of the United 
     States or pose an extraordinary threat to the economy of the 
     United States.''.

     SEC. ____28. IMPACT OF SAFEGUARD DETERMINATIONS ON 5-YEAR 
                   REVIEW DETERMINATIONS.

       Section 752(a) of the Tariff Act of 1930 (19 U.S.C. 
     1675a(a)) is amended by adding at the end the following new 
     paragraph:
       ``(9) Impact of prior serious injury determinations.--
       ``(A) Affirmative serious injury determinations.--If the 
     Commission has recently determined, under chapter 1 of title 
     II of the Trade Act of 1974, that the domestic industry 
     producing particular merchandise suffers from or is 
     threatened with serious injury by reason of increased 
     imports, the Commission shall apply a rebuttable presumption 
     that material injury is ongoing for purposes of any 5-year 
     review under section 751(c) involving the same merchandise. 
     The Commission shall not treat the imposition of measures 
     under chapter 1 of title II of the Trade Act of 1974 
     resulting from such an affirmative determination as reducing 
     the likelihood of continuation or recurrence of material 
     injury for purposes of the 5-year review. For purposes of 
     this subparagraph, the term `recently' means within the 48-
     month period ending on the date on which the 5-year review is 
     initiated.
       ``(B) Negative serious injury determinations.--If the 
     Commission has previously determined, under chapter 1 of 
     title II of the Trade Act of 1974, that a domestic industry 
     is not suffering from or threatened with serious injury by 
     reason of increased imports, the Commission shall treat that 
     determination as having no impact on the Commission's 
     determination in a subsequent 5-year review under section 
     751(c) involving the same merchandise as to whether material 
     injury is likely to continue or recur if an antidumping or 
     countervailing duty order is lifted.''.

     SEC. ____29. REIMBURSEMENT OF DUTIES.

       Section 772(d) of the Tariff Act of 1930 (19 U.S.C. 
     1677a(d)) is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(4) if the importer is the producer or exporter, or the 
     importer and the producer or exporter are affiliated persons, 
     an amount equal to the dumping margin calculated under 
     section 771(35)(A), unless the producer or exporter is able 
     to demonstrate that the importer was in no way reimbursed for 
     any antidumping duties paid; and
       ``(5) if the importer is the producer or exporter, or the 
     importer and the producer or exporter are affiliated persons, 
     an amount equal to the net countervailable subsidy calculated 
     under section 771(6), unless the producer or exporter is able 
     to demonstrate that the importer was in no way reimbursed for 
     any antidumping duties paid.''.

     SEC. ____30. TRANSACTIONS BETWEEN AFFILIATED PARTIES.

       Section 773(f) of the Tariff Act of 1930 (19 U.S.C. 
     1677b(f)) is amended--
       (1) in paragraph (2), by striking ``A transaction'' and 
     inserting ``Regardless of whether the administering authority 
     determines to treat affiliated persons as a single entity for 
     other purposes, a transaction''; and
       (2) in paragraph (3), by striking ``If'' and inserting 
     ``Regardless of whether the administering authority 
     determines to treat affiliated persons as a single entity for 
     other purposes, if''.

[[Page S13438]]

     SEC. ____31. PERISHABLE AGRICULTURAL PRODUCTS.

       (a) Definition of Industries.--Section 771(4)(A) of the 
     Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is amended by 
     adding at the end the following: ``If the Commission 
     determines that an agricultural product has a short shelf 
     life and is a perishable product, the Commission shall treat 
     the producers of the product in a defined period or season as 
     the domestic industry. If the subheading under the Harmonized 
     Tariff Schedule of the United States for an agricultural 
     product has a 6- or 8-digit classification based on the 
     period of time during the calendar year in which the product 
     is harvested or imported, such periods of time constitute a 
     defined period or season for purposes of this paragraph.''.
       (b) Determination of Injury.--Section 771(7)(D) of the 
     Tariff Act of 1930 (19 U.S.C. 1677(7)(D)) is amended by 
     adding at the end the following new clauses:
       ``(iii) In the case of an agricultural industry involving a 
     perishable product with a short shelf life, if a request for 
     seasonal evaluation has been made by the petitioners, the 
     Commission shall consider the factors in subparagraph (C) on 
     a seasonal basis during the period identified as relevant.
       ``(iv) In the case of agricultural products, partially 
     picked or unpicked crops and abandoned acreage may be 
     considered in lieu of other measures of capacity and capacity 
     utilization.
       ``(v) The impact of other factors, such as weather, on 
     agricultural production and producers shall not be weighed 
     against the contribution of the imported subject merchandise 
     to the condition of the domestic industry.''.

     SEC. ____32. FULL RECOGNITION OF SUBSIDY CONFERRED THROUGH 
                   PROVISION OF GOODS AND SERVICES AND PURCHASE OF 
                   GOODS.

       Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 
     1677(5)(E)) is amended by adding at the end the following: 
     ``If transactions in the country which is the subject of the 
     investigation or review do not reflect market conditions due 
     to government action associated with provision of the goods 
     or service or purchase of the goods, determination of the 
     adequacy of remuneration shall be through comparison with the 
     most comparable market price elsewhere in the world.''.

                 Subtitle C--Steel Import Notification

     SEC. ____41. STEEL IMPORT NOTIFICATION AND MONITORING 
                   PROGRAM.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Commerce, in 
     consultation with the Secretary of the Treasury, shall 
     establish and implement a steel import notification and 
     monitoring program. The program shall include a requirement 
     that any person importing a product classified under chapter 
     72 or 73 of the Harmonized Tariff Schedule of the United 
     States obtain an import notification certificate before such 
     products are entered into the United States.
       (b) Steel Import Notification Certificates.--
       (1) In general.--In order to obtain a steel import 
     notification certificate, an importer shall submit to the 
     Secretary of Commerce an application containing--
       (A) the importer's name and address;
       (B) the name and address of the supplier of the goods to be 
     imported;
       (C) the name and address of the producer of the goods to be 
     imported;
       (D) the country of origin of the goods;
       (E) the country from which the goods are to be imported;
       (F) the United States Customs port of entry where the goods 
     will be entered;
       (G) the expected date of entry of the goods into the United 
     States;
       (H) a description of the goods, including the 
     classification of such goods under the Harmonized Tariff 
     Schedule of the United States;
       (I) the quantity (in kilograms and net tons) of the goods 
     to be imported;
       (J) the cost insurance freight (CIF) and free alongside 
     ship (FAS) values of the goods to be entered;
       (K) whether the goods are being entered for consumption or 
     for entry into a bonded warehouse or foreign trade zone;
       (L) a certification that the information furnished in the 
     certificate application is correct; and
       (M) any other information the Secretary of Commerce 
     determines to be necessary and appropriate.
       (2) Entry into customs territory.--In the case of 
     merchandise classified under chapter 72 or 73 of the 
     Harmonized Tariff Schedule of the United States that is 
     initially entered into a bonded warehouse or foreign trade 
     zone, a steel import notification certificate shall be 
     required before the merchandise is entered into the customs 
     territory of the United States.
       (3) Issuance of steel import notification certificate.--The 
     Secretary of Commerce shall issue a steel import notification 
     certificate to any person who files an application that meets 
     the requirements of this section. Such certificate shall be 
     valid for a period of 30 days from the date of issuance.
       (c) Statistical Information.--
       (1) In general.--The Secretary of Commerce shall compile 
     and publish on a weekly basis information described in 
     paragraph (2).
       (2) Information described.--Information described in this 
     paragraph means information obtained from steel import 
     notification certificate applications concerning steel 
     imported into the United States and includes with respect to 
     such imports the Harmonized Tariff Schedule of the United 
     States classification (to the tenth digit), the country of 
     origin, the port of entry, quantity, value of steel imported, 
     and whether the imports are entered for consumption or are 
     entered into a bonded warehouse or foreign trade zone. Such 
     information shall also be compiled in aggregate form and made 
     publicly available by the Secretary of Commerce on a weekly 
     basis by public posting through an Internet website. The 
     information provided under this section shall be in addition 
     to any information otherwise required by law.
       (d) Fees.--The Secretary of Commerce may prescribe 
     reasonable fees and charges to defray the costs of carrying 
     out the provisions of this section, including a fee for 
     issuing a certificate under this section.
       (e) Single Producer and Exporter Countries.--
     Notwithstanding any other provision of law, the Secretary of 
     Commerce shall make publicly available all information 
     required to be released pursuant to subsection (c), including 
     information obtained regarding imports from a foreign 
     producer or exporter that is the only producer or exporter of 
     goods subject to this section from a foreign country.
       (f) Regulations.--The Secretary of Commerce may prescribe 
     such rules and regulations relating to the steel import 
     notification and monitoring program as may be necessary to 
     carry out the provisions of this section.
                                 ______
                                 

                        LEVIN AMENDMENT NO. 2354

  (Ordered to lie on the table.)
  Mr. LEVIN submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       The amendment in the nature of a substitute is amended in 
     subtitle B of Title II thereof as follows:
       At page 36 between lines 19 and 20 insert the following:
       ``(VI) undertake its obligations it has already undertaken 
     in treaties and conventions it has freely entered into 
     relative to child labor, collective bargaining, use of forced 
     or coerced labor, occupational health and safety and other 
     worker rights.''
                                 ______
                                 

              FEINSTEIN (AND FEINGOLD) AMENDMENT NO. 2355

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself and Mr. Feingold) submitted an amendment 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

       At the end of title I, insert the following:

     SEC. ____. INTELLECTUAL PROPERTY AND COMPETITION LAWS AND 
                   POLICIES DESIGNED TO PROMOTE ACCESS TO 
                   PHARMACEUTICALS AND OTHER MEDICAL TECHNOLOGIES.

       (a) Findings.--Congress finds that--
       (1) since the onset of the worldwide HIV/AIDS epidemic, 
     approximately 34,000,000 people living in sub-Saharan Africa 
     have been infected with the disease;
       (2) of those infected, approximately 11,500,000 have died; 
     and
       (3) the deaths represent 83 percent of the total HIV/AIDS-
     related deaths worldwide.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the interest of the United States to take all 
     necessary steps to prevent further spread of infectious 
     disease, particularly HIV/AIDS; and
       (2) individual countries should have the ability to 
     determine the availability of pharmaceuticals and health care 
     for their citizens in general, and particularly with respect 
     to the HIV/AIDS epidemic.
       (c) Limitation on Use of Funds.--Funds appropriated or 
     otherwise made available to any department or agency of the 
     United States may not be obligated or expended to seek, 
     through negotiation or otherwise, the revocation or revision 
     of any intellectual property or competition law or policy of 
     a beneficiary developing country or beneficiary sub-Saharan 
     African country if the law or policy is designed to promote 
     access to pharmaceuticals or other medical technologies and 
     the law or policy, as the case may be, complies with the 
     Agreement on Trade-Related Aspects of Intellectual Property 
     Rights referred to in section 101(d)(15) of the Uruguay Round 
     Agreements Act. For purposes of the preceding sentence, the 
     terms ``beneficiary developing country'' and ``beneficiary 
     sub-Saharan African country'' mean any country with respect 
     to which there is in effect an Executive order or 
     Presidential proclamation by the President designating such 
     country as a beneficiary developing country for purposes of 
     title V of the Trade Act of 1974 or the African Growth and 
     Opportunity Act.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 2356

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill, H.R. 434, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. ____. TAX CREDIT FOR DOMESTIC GARMENT MANUFACTURERS.

       (a) In General.--Subpart F of part IV of subchapter A of 
     chapter 1 of the Internal

[[Page S13439]]

     Revenue Code of 1986 (relating to rules for computing work 
     opportunity credit) is amended by inserting after section 51A 
     the following new section:

     ``SEC. 51B. GARMENT MANUFACTURER HIRING CREDIT.

       ``(a) Determination of Amount.--For purposes of section 38, 
     the amount of garment manufacturer hiring credit determined 
     under this section for the taxable year shall be equal to--
       ``(1) 30 percent of the qualified first-year wages for such 
     year,
       ``(2) 35 percent of the qualified second-year wages for 
     such year,
       ``(3) 40 percent of the qualified third-year wages for such 
     year,
       ``(4) 45 percent of the qualified fourth-year wages for 
     such year, and
       ``(5) 50 percent of the qualified employment wages for such 
     year.
       ``(b) Qualified Wages Defined.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified wages' means the 
     wages paid or incurred by a domestic garment manufacturer or 
     sewn product manufacturer during the taxable year to 
     individuals who are low-income workers for services rendered 
     in the United States.
       ``(2) Qualified first-year wages.--The term `qualified 
     first-year wages' means, with respect to any individual, 
     qualified wages attributable to service rendered during the 
     1-year period beginning with the day the individual begins 
     work for the employer.
       ``(3) Qualified second-year wages.--The term `qualified 
     second-year wages' means, with respect to any individual, 
     qualified wages attributable to service rendered during the 
     1-year period beginning on the day after the last day of the 
     1-year period with respect to such individual determined 
     under paragraph (2).
       ``(4) Qualified third-year wages.--The term `qualified 
     third-year wages' means, with respect to any individual, 
     qualified wages attributable to service rendered during the 
     1-year period beginning with the day after the last day of 
     the 1-year period with respect to such individual determined 
     under paragraph (3).
       ``(5) Qualified fourth-year wages.--The term `qualified 
     fourth-year wages' means, with respect to any individual, 
     qualified wages attributable to service rendered during the 
     1-year period beginning with the day after the last day of 
     the 1-year period with respect to such individual determined 
     under paragraph (4).
       ``(6) Qualified employment wages.--The term `qualified 
     employment wages' means, with respect to any individual, 
     qualified wages attributable to service rendered during any 
     1-year period beginning after the last day of the 1-year 
     period with respect to such individual determined under 
     paragraph (5).
       ``(7) Wages.--The term `wages' has the meaning given such 
     term by section 51A(b)(5), without regard to subparagraph (C) 
     thereof.
       ``(c) Low-income Worker.--
       ``(1) In general.--The term `low-income worker' means any 
     individual who is certified by the designated local agency 
     (as defined in section 51(d)(11)) as being at or below the 
     poverty line (as defined by the Office of Management and 
     Budget) for the taxable year ending immediately prior to the 
     hiring date.
       ``(2) Hiring date.--The term `hiring date' has the meaning 
     given such term by section 51(d).
       ``(d) Certain Rules To Apply.--
       ``(1) In general.--Rules similar to the rules of section 
     52, and subsections (d)(12), (f), (g), (i) (without regard to 
     paragraph (3) thereof), (j), and (k) of section 51, shall 
     apply for purposes of this section.
       ``(2) Credit to be part of general business credit.--
     References to sections 51 in section 38(b), 280C(a), and 
     1396(c)(3) shall be treated as including references to this 
     section.
       ``(e) Coordination With Other Provisions.--If a credit is 
     allowed under this section to an employer with respect to an 
     individual for any taxable year, then--
       ``(1) for purposes of applying section 51 to such employer, 
     such individual shall not be treated as a member of a 
     targeted group for such taxable year, and
       ``(2) for purposes of applying section 51A to such 
     employer, such individual shall not be treated as a long-term 
     family assistance recipient for such taxable year.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart F of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to section 51A the following:

``Sec. 51B. Garment manufacturer hiring credit.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1999, and to individuals who begin work for an employer after 
     such date.
                                 ______
                                 

                        BYRD AMENDMENT NO. 2357

  (Ordered to lie on the table.)
  Mr. BYRD submitted an amendment intended to be proposed by him to the 
bill, H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. SENSE OF CONGRESS; REPORT ON ANTIDUMPING AND 
                   COUNTERVAILING DUTY NEGOTIATIONS.

       (a) Sense of Congress.--Congress recognizes the importance 
     of the new round of international trade negotiations that 
     will be launched at the World Trade Organization (WTO) 
     Ministerial Conference in Seattle, Washington, from November 
     30 to December 3, 1999.
       (b) Report.--Not later than February 3, 2000, the United 
     States Trade Representative shall submit a report to Congress 
     regarding discussions on antidumping and countervailing duty 
     laws during the Seattle Ministerial Conference. The report 
     shall include a complete description of such discussions, 
     including proposals made to renegotiate antidumping and 
     countervailing duty laws, the member government making the 
     proposal, and the United States Trade Representative's 
     response to the proposal, with a description as to how the 
     response achieves United States trade goals.
                                 ______
                                 

                 MACK (AND SARBANES) AMENDMENT NO. 2358

  (Ordered to lie on the table.)
  Mr. MACK (for himself and Mr. Sarbanes) submitted an amendment 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING COMPREHENSIVE DEBT 
                   RELIEF FOR THE WORLD'S POOREST COUNTRIES.

       (a) Findings.--Congress makes the following findings:
       (1) The burden of external debt has become a major 
     impediment to economic growth and poverty reduction in many 
     of the world's poorest countries.
       (2) Until recently, the United States Government and other 
     official creditors sought to address this problem by 
     rescheduling loans and in some cases providing limited debt 
     reduction.
       (3) Despite such efforts, the cumulative debt of many of 
     the world's poorest countries continued to grow beyond their 
     capacity to repay.
       (4) In 1997, the Group of Seven, the World Bank, and the 
     International Monetary Fund adopted the Heavily Indebted Poor 
     Countries Initiative (HIPC), a commitment by the 
     international community that all multilateral and bilateral 
     creditors, acting in a coordinated and concerted fashion, 
     would reduce poor country debt to a sustainable level.
       (5) The HIPC Initiative is currently undergoing reforms to 
     address concerns raised about country conditionality, the 
     amount of debt forgiven, and the allocation of savings 
     realized through the debt forgiveness program to ensure that 
     the Initiative accomplishes the goals of economic growth and 
     poverty alleviation in the world's poorest countries.
       (6) Recently, the President requested Congress to provide 
     additional resources for bilateral debt forgiveness and 
     additional United States contributions to the HIPC Trust 
     Fund.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Congress and the President should work together, 
     without undue delay and in concert with the international 
     community, to make comprehensive debt relief available to the 
     world's poorest countries in a manner that promotes economic 
     growth and poverty alleviation;
       (2) this program of bilateral and multilateral debt relief 
     should be designed to strengthen and expand the private 
     sector, encourage increased trade and investment, support the 
     development of free markets, and promote broad-scale economic 
     growth in benficiary countries;
       (3) this program of debt relief should also support the 
     adoption of policies to alleviate poverty and to ensure that 
     benefits are shared widely among the population, such as 
     through initiatives to advance education, improve health, 
     combat AIDS, and promote clean water and environmental 
     protection;
       (4) these debt relief agreements should be designed and 
     implemented in a transparent manner and with the broad 
     participation of the citizenry of the debtor country and 
     should ensure that country circumstances are adequately taken 
     into account;
       (5) no country should receive the benefits of debt relief 
     if that country does not cooperate with the United States on 
     terrorism or narcotics enforcement, is a gross violator of 
     the human rights of its citizens, or is engaged in conflict 
     or spends excessively on its military; and
       (6) in order to prevent adverse impact on a key industry in 
     many developing countries, the International Monetary Fund 
     must mobilize its own resources for providing debt relief to 
     eligible countries without allowing gold to reach the open 
     market, or otherwise adversely affecting the market price of 
     gold.
                                 ______
                                 

            CONRAD (AND GRASSLEY) AMENDMENTS NOS. 2359-2360

  (Ordered to lie on the table.)
  Mr. CONRAD (for himself and Mr. Grassley) submitted two amendments 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

                           Amendment No. 2359

       At the end, insert the following new title:

[[Page S13440]]

  

   TITLE ____--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS AND FISHERMEN

            Subtitle A--Amendments to the Trade Act of 1974

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Trade Adjustment 
     Assistance for Farmers and Fishermen Act''.

     SEC. ____02. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

       (a) In General.--Title II of the Trade Act of 1974 (19 
     U.S.C. 2251 et seq.) is amended by adding at the end the 
     following new chapter:

             ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS

     ``SEC. 291. DEFINITIONS.

       ``In this chapter:
       ``(1) Agricultural commodity producer.--The term 
     `agricultural commodity producer' means any person who is 
     engaged in the production and sale of an agricultural 
     commodity in the United States and who owns or shares the 
     ownership and risk of loss of the agricultural commodity.
       ``(2) Agricultural commodity.--The term `agricultural 
     commodity' means any agricultural commodity (including 
     livestock, fish, or harvested seafood) in its raw or natural 
     state.
       ``(3) Duly authorized representative.--The term `duly 
     authorized representative' means an association of 
     agricultural commodity producers.
       ``(4) National average price.--The term `national average 
     price' means the national average price paid to an 
     agricultural commodity producer for an agricultural commodity 
     in a marketing year as determined by the Secretary of 
     Agriculture.
       ``(5) Contributed importantly.--
       ``(A) In general.--The term `contributed importantly' means 
     a cause which is important but not necessarily more important 
     than any other cause.
       ``(B) Determination of contributed importantly.--The 
     determination of whether imports of articles like or directly 
     competitive with an agricultural commodity with respect to 
     which the petition under this chapter was filed contributed 
     importantly to a decline in the price of the agricultural 
     commodity shall be made by the Secretary of Agriculture.
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.

     ``SEC. 292. PETITIONS; GROUP ELIGIBILITY.

       ``(a) In General.--A petition for a certification of 
     eligibility to apply for adjustment assistance under this 
     chapter may be filed with the Secretary by a group of 
     agricultural commodity producers or by their duly authorized 
     representative. Upon receipt of the petition, the Secretary 
     shall promptly publish notice in the Federal Register that 
     the Secretary has received the petition and initiated an 
     investigation.
       ``(b) Hearings.--If the petitioner, or any other person 
     found by the Secretary to have a substantial interest in the 
     proceedings, submits not later than 10 days after the date of 
     the Secretary's publication under subsection (a) a request 
     for a hearing, the Secretary shall provide for a public 
     hearing and afford such interested persons an opportunity to 
     be present, to produce evidence, and to be heard.
       ``(c) Group Eligibility Requirements.--The Secretary shall 
     certify a group of agricultural commodity producers as 
     eligible to apply for adjustment assistance under this 
     chapter if the Secretary determines--
       ``(1) that the national average price for the agricultural 
     commodity, or a class of goods within the agricultural 
     commodity, produced by the group for the most recent 
     marketing year for which the national average price is 
     available is less than 80 percent of the average of the 
     national average price for such agricultural commodity, or 
     such class of goods, for the 5 marketing years preceding the 
     most recent marketing year; and
       ``(2) that either--
       ``(A) increases in imports of articles like or directly 
     competitive with the agricultural commodity, or class of 
     goods within the agricultural commodity, produced by the 
     group contributed importantly to the decline in price 
     described in paragraph (1); or
       ``(B) imports of articles like or directly competitive with 
     the agricultural commodity, or class of goods within the 
     agricultural commodity, produced by the group account for a 
     significant percentage of the domestic market for the 
     agricultural commodity (or class of goods) and have 
     contributed importantly to the decline in price described in 
     paragraph (1).
       ``(d) Special Rule for Qualified Subsequent Years.--A group 
     of agricultural commodity producers certified as eligible 
     under section 293 shall be eligible to apply for assistance 
     under this chapter in any qualified year after the year the 
     group is first certified, if the Secretary determines that--
       ``(1) the national average price for the agricultural 
     commodity, or class of goods within the agricultural 
     commodity, produced by the group for the most recent 
     marketing year for which the national average price is 
     available is equal to or less than the price determined under 
     subsection (c)(1); and
       ``(2) the requirements of subsection (c)(2) (A) or (B) are 
     met.
       ``(e) Determination of Qualified Year and Commodity.--In 
     this chapter:
       ``(1) Qualified year.--The term `qualified year', with 
     respect to a group of agricultural commodity producers 
     certified as eligible under section 293, means each 
     consecutive year after the year in which the group is 
     certified that the Secretary makes the determination under 
     subsection (c) or (d), as the case may be.
       ``(2) Classes of goods within a commodity.--In any case in 
     which there are separate classes of goods within an 
     agricultural commodity, the Secretary shall treat each class 
     as a separate commodity in determining group eligibility, the 
     national average price, and level of imports under this 
     section and section 296.

     ``SEC. 293. DETERMINATIONS BY SECRETARY.

       ``(a) In General.--As soon as possible after the date on 
     which a petition is filed under section 292, but in any event 
     not later than 60 days after that date, the Secretary shall 
     determine whether the petitioning group meets the 
     requirements of section 292(c) (or (d), as the case may be) 
     and shall, if so, issue a certification of eligibility to 
     apply for assistance under this chapter covering agricultural 
     commodity producers in any group that meet the requirements. 
     Each certification shall specify the date on which 
     eligibility under this chapter begins.
       ``(b) Notice.--Upon making a determination on a petition, 
     the Secretary shall promptly publish a summary of the 
     determination in the Federal Register together with the 
     Secretary's reasons for making the determination.
       ``(c) Termination of Certification.--Whenever the Secretary 
     determines, with respect to any certification of eligibility 
     under this chapter, that the decline in price for the 
     agricultural commodity covered by the certification is no 
     longer attributable to the conditions described in section 
     292, the Secretary shall terminate such certification and 
     promptly cause notice of such termination to be published in 
     the Federal Register together with the Secretary's reasons 
     for making such determination.

     ``SEC. 294. STUDY BY SECRETARY WHEN INTERNATIONAL TRADE 
                   COMMISSION BEGINS INVESTIGATION.

       ``(a) In General.--Whenever the International Trade 
     Commission (in this chapter referred to as the `Commission') 
     begins an investigation under section 202 with respect to an 
     agricultural commodity, the Commission shall immediately 
     notify the Secretary of the investigation. Upon receipt of 
     the notification, the Secretary shall immediately begin a 
     study of--
       ``(1) the number of agricultural commodity producers 
     producing a like or directly competitive agricultural 
     commodity who have been or are likely to be certified as 
     eligible for adjustment assistance under this chapter, and
       ``(2) the extent to which the adjustment of such producers 
     to the import competition may be facilitated through the use 
     of existing programs.
       ``(b) Report.--The report of the Secretary of the study 
     under subsection (a) shall be made to the President not later 
     than 15 days after the day on which the Commission makes its 
     report under section 202(f). Upon making his report to the 
     President, the Secretary shall also promptly make it public 
     (with the exception of information which the Secretary 
     determines to be confidential) and shall have a summary of it 
     published in the Federal Register.

     ``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY 
                   PRODUCERS.

       ``(a) In General.--The Secretary shall provide full 
     information to producers about the benefit allowances, 
     training, and other employment services available under this 
     title and about the petition and application procedures, and 
     the appropriate filing dates, for such allowances, training, 
     and services. The Secretary shall provide whatever assistance 
     is necessary to enable groups to prepare petitions or 
     applications for program benefits under this title.
       ``(b) Notice of Benefits.--
       ``(1) In general.--The Secretary shall mail written notice 
     of the benefits available under this chapter to each 
     agricultural commodity producer that the Secretary has reason 
     to believe is covered by a certification made under this 
     chapter.
       ``(2) Other notice.--The Secretary shall publish notice of 
     the benefits available under this chapter to agricultural 
     commodity producers that are covered by each certification 
     made under this chapter in newspapers of general circulation 
     in the areas in which such producers reside.

     ``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL 
                   COMMODITY PRODUCERS.

       ``(a) In General.--Payment of a trade adjustment allowance 
     shall be made to an adversely affected agricultural commodity 
     producer covered by a certification under this chapter who 
     files an application for such allowance within 90 days after 
     the date on which the Secretary makes a determination and 
     issues a certification of eligibility under section 293, if 
     the following conditions are met:
       ``(1) The producer submits to the Secretary sufficient 
     information to establish the amount of agricultural commodity 
     covered by the application filed under subsection (a), that 
     was produced by the producer in the most recent year.
       ``(2) The producer certifies that the producer has not 
     received cash benefits under any provision of this title 
     other than this chapter.
       ``(3) The producer's net farm income (as determined by the 
     Secretary) for the most recent year is less than the 
     producer's net farm income for the latest year in which no 
     adjustment assistance was received by the producer under this 
     chapter.

[[Page S13441]]

       ``(4) The producer certifies that the producer has met with 
     an Extension Service employee or agent to obtain, at no cost 
     to the producer, information and technical assistance that 
     will assist the producer in adjusting to import competition 
     with respect to the adversely affected agricultural 
     commodity, including--
       ``(A) information regarding the feasibility and 
     desirability of substituting 1 or more alternative 
     commodities for the adversely affected agricultural 
     commodity; and
       ``(B) technical assistance that will improve the 
     competitiveness of the production and marketing of the 
     adversely affected agricultural commodity by the producer, 
     including yield and marketing improvements.
       ``(b) Amount of Cash Benefits.--
       ``(1) In general.--Subject to the provisions of section 
     298, an adversely affected agricultural commodity producer 
     described in subsection (a) shall be entitled to adjustment 
     assistance under this chapter in an amount equal to the 
     product of--
       ``(A) one-half of the difference between--
       ``(i) an amount equal to 80 percent of the average of the 
     national average price of the agricultural commodity covered 
     by the application described in subsection (a) for the 5 
     marketing years preceding the most recent marketing year, and
       ``(ii) the national average price of the agricultural 
     commodity for the most recent marketing year, and
       ``(B) the amount of the agricultural commodity produced by 
     the agricultural commodity producer in the most recent 
     marketing year.
       ``(2) Special rule for subsequent qualified years.--The 
     amount of cash benefits for a qualified year shall be 
     determined in the same manner as cash benefits are determined 
     under paragraph (1) except that the average national price of 
     the agricultural commodity shall be determined under 
     paragraph (1)(A)(i) by using the 5-marketing-year period used 
     to determine the amount of cash benefits for the first 
     certification.
       ``(c) Maximum Amount of Cash Assistance.--The maximum 
     amount of cash benefits an agricultural commodity producer 
     may receive in any 12-month period shall not exceed $10,000.
       ``(d) Limitations on Other Assistance.--An agricultural 
     commodity producer entitled to receive a cash benefit under 
     this chapter--
       ``(1) shall not be eligible for any other cash benefit 
     under this title, and
       ``(2) shall be entitled to employment services and training 
     benefits under sections 235 and 236.

     ``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.

       ``(a) In General.--
       ``(1) Repayment.--If the Secretary, or a court of competent 
     jurisdiction, determines that any person has received any 
     payment under this chapter to which the person was not 
     entitled, such person shall be liable to repay such amount to 
     the Secretary, except that the Secretary may waive such 
     repayment if the Secretary determines, in accordance with 
     guidelines prescribed by the Secretary that--
       ``(A) the payment was made without fault on the part of 
     such person, and
       ``(B) requiring such repayment would be contrary to equity 
     and good conscience.
       ``(2) Recovery of overpayment.--Unless an overpayment is 
     otherwise recovered, or waived under paragraph (1), the 
     Secretary shall recover the overpayment by deductions from 
     any sums payable to such person under this chapter.
       ``(b) False Statements.--If the Secretary, or a court of 
     competent jurisdiction, determines that a person--
       ``(1) knowingly has made, or caused another to make, a 
     false statement or representation of a material fact, or
       ``(2) knowingly has failed, or caused another to fail, to 
     disclose a material fact,
     and as a result of such false statement or representation, or 
     of such nondisclosure, such person has received any payment 
     under this chapter to which the person was not entitled, such 
     person shall, in addition to any other penalty provided by 
     law, be ineligible for any further payments under this 
     chapter.
       ``(c) Notice and Determination.--Except for overpayments 
     determined by a court of competent jurisdiction, no repayment 
     may be required, and no deduction may be made, under this 
     section until a determination under subsection (a)(1) by the 
     Secretary has been made, notice of the determination and an 
     opportunity for a fair hearing thereon has been given to the 
     person concerned, and the determination has become final.
       ``(d) Payment to Treasury.--Any amount recovered under this 
     section shall be returned to the Treasury of the United 
     States.

       ``(e) Penalties.--Whoever makes a false statement of a 
     material fact knowing it to be false, or knowingly fails to 
     disclose a material fact, for the purpose of obtaining or 
     increasing for himself or for any other person any payment 
     authorized to be furnished under this chapter shall be fined 
     not more than $10,000 or imprisoned for not more than 1 year, 
     or both.

     ``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     and there are appropriated to the Department of Agriculture 
     for fiscal years 2000 through 2001, such sums as may be 
     necessary to carry out the purposes of this chapter not to 
     exceed $100,000,000 for each fiscal year.''.
       ``(b) Proportionate Reduction.--If in any year, the amount 
     appropriated under this chapter is insufficient to meet the 
     requirements for adjustment assistance payable under this 
     chapter, the amount of assistance payable under this chapter 
     shall be reduced proportionately.''.
       (b) Conforming Amendment.--The table of contents for title 
     II of the Trade Act of 1974 is amended by inserting after the 
     items relating to chapter 5, the following:

             ``Chapter 6--Adjustment Assistance for Farmers

``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary.
``Sec. 294. Study by Secretary when International Trade Commission 
              begins investigation.
``Sec. 295. Benefit information to agricultural commodity producers.
``Sec. 296. Qualifying requirements for agricultural commodity 
              producers.
``Sec. 297. Fraud and recovery of overpayments.
``Sec. 298. Authorization of appropriations.''.

 Subtitle B--Revenue Provisions Relating to Trade Adjustment Assistance

     SEC. ____10. REFERENCE.

       Except as otherwise expressly provided, whenever in this 
     subtitle 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.

     SEC. ____11. MODIFICATIONS TO ASSET DIVERSIFICATION TEST.

       (a) In General.--Subparagraph (B) of section 856(c)(4) is 
     amended to read as follows:
       ``(B)(i) not more than 25 percent of the value of its total 
     assets is represented by securities (other than those 
     includible under subparagraph (A)), and
       ``(ii) except with respect to a taxable REIT subsidiary and 
     securities includible under subparagraph (A)--
       ``(I) not more than 5 percent of the value of its total 
     assets is represented by securities of any one issuer,
       ``(II) the trust does not hold securities possessing more 
     than 10 percent of the total voting power of the outstanding 
     securities of any one issuer, and
       ``(III) the trust does not hold securities having a value 
     of more than 10 percent of the total value of the outstanding 
     securities of any one issuer.''.
       (b) Exception for Straight Debt Securities.--Subsection (c) 
     of section 856 is amended by adding at the end the following 
     new paragraph:
       ``(7) Straight debt safe harbor in applying paragraph 
     (4).--Securities of an issuer which are straight debt (as 
     defined in section 1361(c)(5) without regard to subparagraph 
     (B)(iii) thereof) shall not be taken into account in applying 
     paragraph (4)(B)(ii)(III) if--
       ``(A) the issuer is an individual, or
       ``(B) the only securities of such issuer which are held by 
     the trust or a taxable REIT subsidiary of the trust are 
     straight debt (as so defined), or
       ``(C) the issuer is a partnership and the trust holds at 
     least a 20 percent profits interest in the partnership.''.

     SEC. ____12. TREATMENT OF INCOME AND SERVICES PROVIDED BY 
                   TAXABLE REIT SUBSIDIARIES.

       (a) Income From Taxable REIT Subsidiaries Not Treated as 
     Impermissible Tenant Service Income.--Clause (i) of section 
     856(d)(7)(C) (relating to exceptions to impermissible tenant 
     service income) is amended by inserting ``or through a 
     taxable REIT subsidiary of such trust'' after ``income''.
       (b) Certain Income From Taxable REIT Subsidiaries Not 
     Excluded From Rents From Real Property.--
       (1) In general.--Subsection (d) of section 856 (relating to 
     rents from real property defined) is amended by adding at the 
     end the following new paragraphs:
       ``(8) Special rule for taxable reit subsidiaries.--For 
     purposes of this subsection, amounts paid to a real estate 
     investment trust by a taxable REIT subsidiary of such trust 
     shall not be excluded from rents from real property by reason 
     of paragraph (2)(B) if the requirements of either of the 
     following subparagraphs are met:
       ``(A) Limited rental exception.--The requirements of this 
     subparagraph are met with respect to any property if at least 
     90 percent of the leased space of the property is rented to 
     persons other than taxable REIT subsidiaries of such trust 
     and other than persons described in section 856(d)(2)(B). The 
     preceding sentence shall apply only to the extent that the 
     amounts paid to the trust as rents from real property (as 
     defined in paragraph (1) without regard to paragraph (2)(B)) 
     from such property are substantially comparable to such rents 
     made by the other tenants of the trust's property for 
     comparable space.
       ``(B) Exception for certain lodging facilities.--The 
     requirements of this subparagraph are met with respect to an 
     interest in real property which is a qualified lodging 
     facility leased by the trust to a taxable REIT subsidiary of 
     the trust if the property is operated on behalf of such 
     subsidiary by a person who is an eligible independent 
     contractor.
       ``(9) Eligible independent contractor.--For purposes of 
     paragraph (8)(B)--
       ``(A) In general.--The term `eligible independent 
     contractor' means, with respect to

[[Page S13442]]

     any qualified lodging facility, any independent contractor 
     if, at the time such contractor enters into a management 
     agreement or other similar service contract with the taxable 
     REIT subsidiary to operate the facility, such contractor (or 
     any related person) is actively engaged in the trade or 
     business of operating qualified lodging facilities for any 
     person who is not a related person with respect to the real 
     estate investment trust or the taxable REIT subsidiary.
       ``(B) Special rules.--Solely for purposes of this paragraph 
     and paragraph (8)(B), a person shall not fail to be treated 
     as an independent contractor with respect to any qualified 
     lodging facility by reason of any of the following:
       ``(i) The taxable REIT subsidiary bears the expenses for 
     the operation of the facility pursuant to the management 
     agreement or other similar service contract.
       ``(ii) The taxable REIT subsidiary receives the revenues 
     from the operation of such facility, net of expenses for such 
     operation and fees payable to the operator pursuant to such 
     agreement or contract.
       ``(iii) The real estate investment trust receives income 
     from such person with respect to another property that is 
     attributable to a lease of such other property to such person 
     that was in effect as of the later of--

       ``(I) January 1, 1999, or
       ``(II) the earliest date that any taxable REIT subsidiary 
     of such trust entered into a management agreement or other 
     similar service contract with such person with respect to 
     such qualified lodging facility.

       ``(C) Renewals, etc., of existing leases.--For purposes of 
     subparagraph (B)(iii)--
       ``(i) a lease shall be treated as in effect on January 1, 
     1999, without regard to its renewal after such date, so long 
     as such renewal is pursuant to the terms of such lease as in 
     effect on whichever of the dates under subparagraph (B)(iii) 
     is the latest, and
       ``(ii) a lease of a property entered into after whichever 
     of the dates under subparagraph (B)(iii) is the latest shall 
     be treated as in effect on such date if--

       ``(I) on such date, a lease of such property from the trust 
     was in effect, and
       ``(II) under the terms of the new lease, such trust 
     receives a substantially similar or lesser benefit in 
     comparison to the lease referred to in subclause (I).

       ``(D) Qualified lodging facility.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `qualified lodging facility' 
     means any lodging facility unless wagering activities are 
     conducted at or in connection with such facility by any 
     person who is engaged in the business of accepting wagers and 
     who is legally authorized to engage in such business at or in 
     connection with such facility.
       ``(ii) Lodging facility.--The term `lodging facility' means 
     a hotel, motel, or other establishment more than one-half of 
     the dwelling units in which are used on a transient basis.
       ``(iii) Customary amenities and facilities.--The term 
     `lodging facility' includes customary amenities and 
     facilities operated as part of, or associated with, the 
     lodging facility so long as such amenities and facilities are 
     customary for other properties of a comparable size and class 
     owned by other owners unrelated to such real estate 
     investment trust.
       ``(E) Operate includes manage.--References in this 
     paragraph to operating a property shall be treated as 
     including a reference to managing the property.
       ``(F) Related person.--Persons shall be treated as related 
     to each other if such persons are treated as a single 
     employer under subsection (a) or (b) of section 52.''.
       (2) Conforming amendment.--Subparagraph (B) of section 
     856(d)(2) is amended by inserting ``except as provided in 
     paragraph (8),'' after ``(B)''.
       (3) Determining rents from real property.--
       (A)(i) Paragraph (1) of section 856(d) is amended by 
     striking ``adjusted bases'' each place it occurs and 
     inserting ``fair market values''.
       (ii) The amendment made by this subparagraph shall apply to 
     taxable years beginning after December 31, 2000.
       (B)(i) Clause (i) of section 856(d)(2)(B) is amended by 
     striking ``number'' and inserting ``value''.
       (ii) The amendment made by this subparagraph shall apply to 
     amounts received or accrued in taxable years beginning after 
     December 31, 2000, except for amounts paid pursuant to leases 
     in effect on July 12, 1999, or pursuant to a binding contract 
     in effect on such date and at all times thereafter.

     SEC. ____13. TAXABLE REIT SUBSIDIARY.

       (a) In General.--Section 856 is amended by adding at the 
     end the following new subsection:
       ``(l) Taxable REIT Subsidiary.--For purposes of this part--
       ``(1) In general.--The term `taxable REIT subsidiary' 
     means, with respect to a real estate investment trust, a 
     corporation (other than a real estate investment trust) if--
       ``(A) such trust directly or indirectly owns stock in such 
     corporation, and
       ``(B) such trust and such corporation jointly elect that 
     such corporation shall be treated as a taxable REIT 
     subsidiary of such trust for purposes of this part.
     Such an election, once made, shall be irrevocable unless both 
     such trust and corporation consent to its revocation. Such 
     election, and any revocation thereof, may be made without the 
     consent of the Secretary.
       ``(2) 35 percent ownership in another taxable reit 
     subsidiary.--The term `taxable REIT subsidiary' includes, 
     with respect to any real estate investment trust, any 
     corporation (other than a real estate investment trust) with 
     respect to which a taxable REIT subsidiary of such trust owns 
     directly or indirectly--
       ``(A) securities possessing more than 35 percent of the 
     total voting power of the outstanding securities of such 
     corporation, or
       ``(B) securities having a value of more than 35 percent of 
     the total value of the outstanding securities of such 
     corporation.
     The preceding sentence shall not apply to a qualified REIT 
     subsidiary (as defined in subsection (i)(2)). The rule of 
     section 856(c)(7) shall apply for purposes of subparagraph 
     (B).
       ``(3) Exceptions.--The term `taxable REIT subsidiary' shall 
     not include--
       ``(A) any corporation which directly or indirectly operates 
     or manages a lodging facility or a health care facility, and
       ``(B) any corporation which directly or indirectly provides 
     to any other person (under a franchise, license, or 
     otherwise) rights to any brand name under which any lodging 
     facility or health care facility is operated.
     Subparagraph (B) shall not apply to rights provided to an 
     eligible independent contractor to operate or manage a 
     lodging facility if such rights are held by such corporation 
     as a franchisee, licensee, or in a similar capacity and such 
     lodging facility is either owned by such corporation or is 
     leased to such corporation from the real estate investment 
     trust.
       ``(4) Definitions.--For purposes of paragraph (3)--
       ``(A) Lodging facility.--The term `lodging facility' has 
     the meaning given to such term by paragraph (9)(D)(ii).
       ``(B) Health care facility.--The term `health care 
     facility' has the meaning given to such term by subsection 
     (e)(6)(D)(ii).''.
       (b) Conforming Amendment.--Paragraph (2) of section 856(i) 
     is amended by adding at the end the following new sentence: 
     ``Such term shall not include a taxable REIT subsidiary.''.

     SEC. ____14. LIMITATION ON EARNINGS STRIPPING.

       Paragraph (3) of section 163( j) (relating to limitation on 
     deduction for interest on certain indebtedness) is amended by 
     striking ``and'' at the end of subparagraph (A), by striking 
     the period at the end of subparagraph (B) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(C) any interest paid or accrued (directly or indirectly) 
     by a taxable REIT subsidiary (as defined in section 856(l)) 
     of a real estate investment trust to such trust.''.

     SEC. ____15. 100 PERCENT TAX ON IMPROPERLY ALLOCATED AMOUNTS.

       (a) In General.--Subsection (b) of section 857 (relating to 
     method of taxation of real estate investment trusts and 
     holders of shares or certificates of beneficial interest) is 
     amended by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively, and by inserting after paragraph 
     (6) the following new paragraph:
       ``(7) Income from redetermined rents, redetermined 
     deductions, and excess interest.--
       ``(A) Imposition of tax.--There is hereby imposed for each 
     taxable year of the real estate investment trust a tax equal 
     to 100 percent of redetermined rents, redetermined 
     deductions, and excess interest.
       ``(B) Redetermined rents.--
       ``(i) In general.--The term `redetermined rents' means 
     rents from real property (as defined in subsection 856(d)) 
     the amount of which would (but for subparagraph (E)) be 
     reduced on distribution, apportionment, or allocation under 
     section 482 to clearly reflect income as a result of services 
     furnished or rendered by a taxable REIT subsidiary of the 
     real estate investment trust to a tenant of such trust.
       ``(ii) Exception for certain services.--Clause (i) shall 
     not apply to amounts received directly or indirectly by a 
     real estate investment trust for services described in 
     paragraph (1)(B) or (7)(C)(i) of section 856(d).
       ``(iii) Exception for de minimis amounts.--Clause (i) shall 
     not apply to amounts described in section 856(d)(7)(A) with 
     respect to a property to the extent such amounts do not 
     exceed the one percent threshold described in section 
     856(d)(7)(B) with respect to such property.
       ``(iv) Exception for comparably priced services.--Clause 
     (i) shall not apply to any service rendered by a taxable REIT 
     subsidiary of a real estate investment trust to a tenant of 
     such trust if--

       ``(I) such subsidiary renders a significant amount of 
     similar services to persons other than such trust and tenants 
     of such trust who are unrelated (within the meaning of 
     section 856(d)(8)(F)) to such subsidiary, trust, and tenants, 
     but
       ``(II) only to the extent the charge for such service so 
     rendered is substantially comparable to the charge for the 
     similar services rendered to persons referred to in subclause 
     (I).

       ``(v) Exception for certain separately charged services.--
     Clause (i) shall not apply to any service rendered by a 
     taxable REIT subsidiary of a real estate investment trust to 
     a tenant of such trust if--

       ``(I) the rents paid to the trust by tenants (leasing at 
     least 25 percent of the net leasable space in the trust's 
     property) who

[[Page S13443]]

     are not receiving such service from such subsidiary are 
     substantially comparable to the rents paid by tenants leasing 
     comparable space who are receiving such service from such 
     subsidiary, and
       ``(II) the charge for such service from such subsidiary is 
     separately stated.

       ``(vi) Exception for certain services based on subsidiary's 
     income from the services.--Clause (i) shall not apply to any 
     service rendered by a taxable REIT subsidiary of a real 
     estate investment trust to a tenant of such trust if the 
     gross income of such subsidiary from such service is not less 
     than 150 percent of such subsidiary's direct cost in 
     furnishing or rendering the service.
       ``(vii) Exceptions granted by secretary.--The Secretary may 
     waive the tax otherwise imposed by subparagraph (A) if the 
     trust establishes to the satisfaction of the Secretary that 
     rents charged to tenants were established on an arms' length 
     basis even though a taxable REIT subsidiary of the trust 
     provided services to such tenants.
       ``(C) Redetermined deductions.--The term `redetermined 
     deductions' means deductions (other than redetermined rents) 
     of a taxable REIT subsidiary of a real estate investment 
     trust if the amount of such deductions would (but for 
     subparagraph (E)) be decreased on distribution, 
     apportionment, or allocation under section 482 to clearly 
     reflect income as between such subsidiary and such trust.
       ``(D) Excess interest.--The term `excess interest' means 
     any deductions for interest payments by a taxable REIT 
     subsidiary of a real estate investment trust to such trust to 
     the extent that the interest payments are in excess of a rate 
     that is commercially reasonable.
       ``(E) Coordination with section 482.--The imposition of tax 
     under subparagraph (A) shall be in lieu of any distribution, 
     apportionment, or allocation under section 482.
       ``(F) Regulatory authority.--The Secretary shall prescribe 
     such regulations as may be necessary or appropriate to carry 
     out the purposes of this paragraph. Until the Secretary 
     prescribes such regulations, real estate investment trusts 
     and their taxable REIT subsidiaries may base their 
     allocations on any reasonable method.''.
       (b) Amount Subject to Tax Not Required To Be Distributed.--
     Subparagraph (E) of section 857(b)(2) (relating to real 
     estate investment trust taxable income) is amended by 
     striking ``paragraph (5)'' and inserting ``paragraphs (5) and 
     (7)''.

     SEC. ____16. EFFECTIVE DATE.

       (a) In General.--The amendments made by sections ____11 
     through ____15 shall apply to taxable years beginning after 
     December 31, 2000.
       (b) Transitional Rules Related to Section ____11.--
       (1) Existing arrangements.--
       (A) In general.--Except as otherwise provided in this 
     paragraph, the amendment made by section ____11 shall not 
     apply to a real estate investment trust with respect to--
       (i) securities of a corporation held directly or indirectly 
     by such trust on July 12, 1999,
       (ii) securities of a corporation held by an entity on July 
     12, 1999, if such trust acquires control of such entity 
     pursuant to a written binding contract in effect on such date 
     and at all times thereafter before such acquisition,
       (iii) securities received by such trust (or a successor) in 
     exchange for, or with respect to, securities described in 
     clause (i) or (ii) in a transaction in which gain or loss is 
     not recognized, and
       (iv) securities acquired directly or indirectly by such 
     trust as part of a reorganization (as defined in section 
     368(a)(1) of the Internal Revenue Code of 1986) with respect 
     to such trust if such securities are described in clause (i), 
     (ii), or (iii) with respect to any other real estate 
     investment trust.
       (B) New trade or business or substantial new assets.--
     Subparagraph (A) shall cease to apply to securities of a 
     corporation as of the first day after July 12, 1999, on which 
     such corporation engages in a substantial new line of 
     business, or acquires any substantial asset, other than--
       (i) pursuant to a binding contract in effect on such date 
     and at all times thereafter before the acquisition of such 
     asset,
       (ii) in a transaction in which gain or loss is not 
     recognized by reason of section 1031 or 1033 of the Internal 
     Revenue Code of 1986, or
       (iii) in a reorganization (as so defined) with another 
     corporation the securities of which are described in 
     paragraph (1)(A) of this subsection.
       (C) Limitation on transition rules.--Subparagraph (A) shall 
     cease to apply to securities of a corporation held, acquired, 
     or received, directly or indirectly, by a real estate 
     investment trust as of the first day after July 12, 1999, on 
     which such trust acquires any additional securities of such 
     corporation other than--
       (i) pursuant to a binding contract in effect on July 12, 
     1999, and at all times thereafter, or
       (ii) in a reorganization (as so defined) with another 
     corporation the securities of which are described in 
     paragraph (1)(A) of this subsection.
       (2) Tax-free conversion.--If--
       (A) at the time of an election for a corporation to become 
     a taxable REIT subsidiary, the amendment made by section 
     ____11 does not apply to such corporation by reason of 
     paragraph (1), and
       (B) such election first takes effect before January 1, 
     2004,
     such election shall be treated as a reorganization qualifying 
     under section 368(a)(1)(A) of such Code.

     SEC. ____17. HEALTH CARE REITS.

       (a) Special Foreclosure Rule for Health Care Properties.--
     Subsection (e) of section 856 (relating to special rules for 
     foreclosure property) is amended by adding at the end the 
     following new paragraph:
       ``(6) Special rule for qualified health care properties.--
     For purposes of this subsection--
       ``(A) Acquisition at expiration of lease.--The term 
     `foreclosure property' shall include any qualified health 
     care property acquired by a real estate investment trust as 
     the result of the termination of a lease of such property 
     (other than a termination by reason of a default, or the 
     imminence of a default, on the lease).
       ``(B) Grace period.--In the case of a qualified health care 
     property which is foreclosure property solely by reason of 
     subparagraph (A), in lieu of applying paragraphs (2) and 
     (3)--
       ``(i) the qualified health care property shall cease to be 
     foreclosure property as of the close of the second taxable 
     year after the taxable year in which such trust acquired such 
     property, and
       ``(ii) if the real estate investment trust establishes to 
     the satisfaction of the Secretary that an extension of the 
     grace period in clause (i) is necessary to the orderly 
     leasing or liquidation of the trust's interest in such 
     qualified health care property, the Secretary may grant one 
     or more extensions of the grace period for such qualified 
     health care property.
     Any such extension shall not extend the grace period beyond 
     the close of the 6th year after the taxable year in which 
     such trust acquired such qualified health care property.
       ``(C) Income from independent contractors.--For purposes of 
     applying paragraph (4)(C) with respect to qualified health 
     care property which is foreclosure property by reason of 
     subparagraph (A) or paragraph (1), income derived or received 
     by the trust from an independent contractor shall be 
     disregarded to the extent such income is attributable to--
       ``(i) any lease of property in effect on the date the real 
     estate investment trust acquired the qualified health care 
     property (without regard to its renewal after such date so 
     long as such renewal is pursuant to the terms of such lease 
     as in effect on such date), or
       ``(ii) any lease of property entered into after such date 
     if--

       ``(I) on such date, a lease of such property from the trust 
     was in effect, and
       ``(II) under the terms of the new lease, such trust 
     receives a substantially similar or lesser benefit in 
     comparison to the lease referred to in subclause (I).

       ``(D) Qualified health care property.--
       ``(i) In general.--The term `qualified health care 
     property' means any real property (including interests 
     therein), and any personal property incident to such real 
     property, which--

       ``(I) is a health care facility, or
       ``(II) is necessary or incidental to the use of a health 
     care facility.

       ``(ii) Health care facility.--For purposes of clause (i), 
     the term `health care facility' means a hospital, nursing 
     facility, assisted living facility, congregate care facility, 
     qualified continuing care facility (as defined in section 
     7872(g)(4)), or other licensed facility which extends medical 
     or nursing or ancillary services to patients and which, 
     immediately before the termination, expiration, default, or 
     breach of the lease of or mortgage secured by such facility, 
     was operated by a provider of such services which was 
     eligible for participation in the medicare program under 
     title XVIII of the Social Security Act with respect to such 
     facility.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.

     SEC. ____18. CONFORMITY WITH REGULATED INVESTMENT COMPANY 
                   RULES.

       (a) Distribution Requirement.--Clauses (i) and (ii) of 
     section 857(a)(1)(A) (relating to requirements applicable to 
     real estate investment trusts) are each amended by striking 
     ``95 percent (90 percent for taxable years beginning before 
     January 1, 1980)'' and inserting ``90 percent''.
       (b) Imposition of Tax.--Clause (i) of section 857(b)(5)(A) 
     (relating to imposition of tax in case of failure to meet 
     certain requirements) is amended by striking ``95 percent (90 
     percent in the case of taxable years beginning before January 
     1, 1980)'' and inserting ``90 percent''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.

     SEC. ____19. CLARIFICATION OF EXCEPTION FOR INDEPENDENT 
                   OPERATORS.

       (a) In General.--Paragraph (3) of section 856(d) (relating 
     to independent contractor defined) is amended by adding at 
     the end the following flush sentence:
     ``In the event that any class of stock of either the real 
     estate investment trust or such person is regularly traded on 
     an established securities market, only persons who own, 
     directly or indirectly, more than 5 percent of such class of 
     stock shall be taken into account as owning any of the stock 
     of such class for purposes of applying the 35 percent 
     limitation set forth in subparagraph (B) (but all of the 
     outstanding stock of such class shall be considered 
     outstanding in order to

[[Page S13444]]

     compute the denominator for purpose of determining the 
     applicable percentage of ownership).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.

     SEC. ____20. MODIFICATION OF EARNINGS AND PROFITS RULES.

       (a) Rules for Determining Whether Regulated Investment 
     Company Has Earnings and Profits From Non-RIC Year.--
     Subsection (c) of section 852 is amended by adding at the end 
     the following new paragraph:
       ``(3) Distributions to meet requirements of subsection 
     (a)(2)(B).--Any distribution which is made in order to comply 
     with the requirements of subsection (a)(2)(B)--
       ``(A) shall be treated for purposes of this subsection and 
     subsection (a)(2)(B) as made from the earliest earnings and 
     profits accumulated in any taxable year to which the 
     provisions of this part did not apply rather than the most 
     recently accumulated earnings and profits, and
       ``(B) to the extent treated under subparagraph (A) as made 
     from accumulated earnings and profits, shall not be treated 
     as a distribution for purposes of subsection (b)(2)(D) and 
     section 855.''.
       (b) Clarification of Application of REIT Spillover Dividend 
     Rules to Distributions To Meet Qualification Requirement.--
     Subparagraph (B) of section 857(d)(3) is amended by inserting 
     before the period ``and section 858''.
       (c) Application of Deficiency Dividend Procedures.--
     Paragraph (1) of section 852(e) is amended by adding at the 
     end the following new sentence: ``If the determination under 
     subparagraph (A) is solely as a result of the failure to meet 
     the requirements of subsection (a)(2), the preceding sentence 
     shall also apply for purposes of applying subsection (a)(2) 
     to the non-RIC year.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to distributions after December 31, 2000.

     SEC. ____21. MODIFICATION OF ESTIMATED TAX RULES FOR CLOSELY 
                   HELD REAL ESTATE INVESTMENT TRUSTS.

       (a) In General.--Subsection (e) of section 6655 (relating 
     to estimated tax by corporations) is amended by adding at the 
     end the following new paragraph:
       ``(5) Treatment of certain reit dividends.--
       ``(A) In general.--Any dividend received from a closely 
     held real estate investment trust by any person which owns 
     (after application of subsections (d)(5) and (l)(3)(B) of 
     section 856) 10 percent or more (by vote or value) of the 
     stock or beneficial interests in the trust shall be taken 
     into account in computing annualized income installments 
     under paragraph (2) in a manner similar to the manner under 
     which partnership income inclusions are taken into account.
       ``(B) Closely held reit.--For purposes of subparagraph (A), 
     the term `closely held real estate investment trust' means a 
     real estate investment trust with respect to which 5 or fewer 
     persons own (after application of subsections (d)(5) and 
     (l)(3)(B) of section 856) 50 percent or more (by vote or 
     value) of the stock or beneficial interests in the trust.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to estimated tax payments due on or after 
     November 15, 1999.

     SEC. ____22. CONTROLLED ENTITIES INELIGIBLE FOR REIT STATUS.

       (a) In General.--Subsection (a) of section 856 (relating to 
     definition of real estate investment trust) is amended by 
     striking ``and'' at the end of paragraph (6), by 
     redesignating paragraph (7) as paragraph (8), and by 
     inserting after paragraph (6) the following new paragraph:
       ``(7) which is not a controlled entity (as defined in 
     subsection (l)); and''.
       (b) Controlled Entity.--Section 856 is amended by adding at 
     the end the following new subsection:
       ``(l) Controlled Entity.--
       ``(1) In general.--For purposes of subsection (a)(7), an 
     entity is a controlled entity if, at any time during the 
     taxable year, one person (other than a qualified entity)--
       ``(A) in the case of a corporation, owns stock--
       ``(i) possessing at least 50 percent of the total voting 
     power of the stock of such corporation, or
       ``(ii) having a value equal to at least 50 percent of the 
     total value of the stock of such corporation, or
       ``(B) in the case of a trust, owns beneficial interests in 
     the trust which would meet the requirements of subparagraph 
     (A) if such interests were stock.
       ``(2) Qualified entity.--For purposes of paragraph (1), the 
     term `qualified entity' means--
       ``(A) any real estate investment trust, and
       ``(B) any partnership in which one real estate investment 
     trust owns at least 50 percent of the capital and profits 
     interests in the partnership.
       ``(3) Attribution rules.--For purposes of this paragraphs 
     (1) and (2)--
       ``(A) In general.--Rules similar to the rules of 
     subsections (d)(5) and (h)(3) shall apply; except that 
     section 318(a)(3)(C) shall not be applied under such rules to 
     treat stock owned by a qualified entity as being owned by a 
     person which is not a qualified entity.
       ``(B) Stapled entities.--A group of entities which are 
     stapled entities (as defined in section 269B(c)(2)) shall be 
     treated as one person.
       ``(4) Exception for certain new reits.--
       ``(A) In general.--The term `controlled entity' shall not 
     include an incubator REIT.
       ``(B) Incubator reit.--A corporation shall be treated as an 
     incubator REIT for any taxable year during the eligibility 
     period if it meets all the following requirements for such 
     year:
       ``(i) The corporation elects to be treated as an incubator 
     REIT.
       ``(ii) The corporation has only voting common stock 
     outstanding.
       ``(iii) Not more than 50 percent of the corporation's real 
     estate assets consist of mortgages.
       ``(iv) From not later than the beginning of the last half 
     of the second taxable year, at least 10 percent of the 
     corporation's capital is provided by lenders or equity 
     investors who are unrelated to the corporation's largest 
     shareholder.
       ``(v) The corporation annually increases the value of its 
     real estate assets by at least 10 percent.
       ``(vi) The directors of the corporation adopt a resolution 
     setting forth an intent to engage in a going public 
     transaction.
     No election may be made with respect to any REIT if an 
     election under this subsection was in effect for any 
     predecessor of such REIT.
       ``(C) Eligibility period.--
       ``(i) In general.--The eligibility period (for which an 
     incubator REIT election can be made) begins with the REIT's 
     second taxable year and ends at the close of the REIT's third 
     taxable year, except that the REIT may, subject to clauses 
     (ii), (iii), and (iv), elect to extend such period for an 
     additional 2 taxable years.
       ``(ii) Going public transaction.--A REIT may not elect to 
     extend the eligibility period under clause (i) unless it 
     enters into an agreement with the Secretary that if it does 
     not engage in a going public transaction by the end of the 
     extended eligibility period, it shall pay Federal income 
     taxes for the 2 years of the extended eligibility period as 
     if it had not made an incubator REIT election and had ceased 
     to qualify as a REIT for those 2 taxable years.
       ``(iii) Returns, interest, and notice.--

       ``(I) Returns.--In the event the corporation ceases to be 
     treated as a REIT by operation of clause (ii), the 
     corporation shall file any appropriate amended returns 
     reflecting the change in status within 3 months of the close 
     of the extended eligibility period.
       ``(II) Interest.--Interest shall be payable on any tax 
     imposed by reason of clause (ii) for any taxable year but, 
     unless there was a finding under subparagraph (D), no 
     substantial underpayment penalties shall be imposed.
       ``(III) Notice.--The corporation shall, at the same time it 
     files its returns under subclause (I), notify its 
     shareholders and any other persons whose tax position is, or 
     may reasonably be expected to be, affected by the change in 
     status so they also may file any appropriate amended returns 
     to conform their tax treatment consistent with the 
     corporation's loss of REIT status.
       ``(IV) Regulations.--The Secretary shall provide 
     appropriate regulations setting forth transferee liability 
     and other provisions to ensure collection of tax and the 
     proper administration of this provision.

       ``(iv) Clauses (ii) and (iii) shall not apply if the 
     corporation allows its incubator REIT status to lapse at the 
     end of the initial 2-year eligibility period without engaging 
     in a going public transaction if the corporation is not a 
     controlled entity as of the beginning of its fourth taxable 
     year. In such a case, the corporation's directors may still 
     be liable for the penalties described in subparagraph (D) 
     during the eligibility period.
       ``(D) Special penalties.--If the Secretary determines that 
     an incubator REIT election was filed for a principal purpose 
     other than as part of a reasonable plan to undertake a going 
     public transaction, an excise tax of $20,000 shall be imposed 
     on each of the corporation's directors for each taxable year 
     for which an election was in effect.
       ``(E) Going public transaction.--For purposes of this 
     paragraph, a going public transaction means--
       ``(i) a public offering of shares of the stock of the 
     incubator REIT;
       ``(ii) a transaction, or series of transactions, that 
     results in the stock of the incubator REIT being regularly 
     traded on an established securities market and that results 
     in at least 50 percent of such stock being held by 
     shareholders who are unrelated to persons who held such stock 
     before it began to be so regularly traded; or
       ``(iii) any transaction resulting in ownership of the REIT 
     by 200 or more persons (excluding the largest single 
     shareholder) who in the aggregate own at least 50 percent of 
     the stock of the REIT.
     For the purposes of this subparagraph, the rules of paragraph 
     (3) shall apply in determining the ownership of stock.
       ``(F) Definitions.--The term `established securities 
     market' shall have the meaning set forth in the regulations 
     under section 897.''
       (c) Conforming Amendment.--Paragraph (2) of section 856(h) 
     is amended by striking ``and (6)'' each place it appears and 
     inserting ``, (6), and (7)''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years ending after July 14, 1999.
       (2) Exception for existing controlled entities.--The 
     amendments made by this section shall not apply to any entity 
     which is a controlled entity (as defined in section 856(l)

[[Page S13445]]

     of the Internal Revenue Code of 1986, as added by this 
     section) as of July 14, 1999, which is a real estate 
     investment trust for the taxable year which includes such 
     date, and which has significant business assets or activities 
     as of such date. For purposes of the preceding sentence, an 
     entity shall be treated as such a controlled entity on July 
     14, 1999, if it becomes such an entity after such date in a 
     transaction--
       (A) made pursuant to a written agreement which was binding 
     on such date and at all times thereafter, or
       (B) described on or before such date in a filing with the 
     Securities and Exchange Commission required solely by reason 
     of the transaction.

     SEC. ____23. MODIFICATION OF INDIVIDUAL ESTIMATED TAX SAFE 
                   HARBOR.

       (a) In General.--The table contained in clause (i) of 
     section 6654(d)(1)(C) (relating to limitation on use of 
     preceding year's tax) is amended by striking all matter 
     beginning with the item relating to 1999 or 2000 and 
     inserting the following new items:

  ``1999.....................................................106.5 ....

  2000.........................................................106 ....

  2001.........................................................112 ....

  2002 or thereafter.........................................110''.....

         (b) Effective Date.--The amendment made by this section 
     shall apply with respect to any installment payment for 
     taxable years beginning after December 31, 1999.
                                  ____


                           Amendment No. 2360

       At the appropriate place, insert the following new section:

     SEC. ____. AGRICULTURE TRADE NEGOTIATING OBJECTIVES AND 
                   CONSULTATIONS WITH CONGRESS.

       (a) Findings.--Congress finds that--
       (1) United States agriculture contributes positively to the 
     United States balance of trade and United States agricultural 
     exports support in excess of 1,000,000 United States jobs;
       (2) United States agriculture competes successfully 
     worldwide despite the fact that United States producers are 
     at a competitive disadvantage because of the trade distorting 
     support and subsidy practices of other countries and despite 
     the fact that significant tariff and nontariff barriers exist 
     to United States exports; and
       (3) a successful conclusion of the next round of World 
     Trade Organization negotiations is critically important to 
     the United States agricultural sector.
       (b) Objectives.--The agricultural trade negotiating 
     objectives of the United States with respect to the World 
     Trade Organization negotiations include--
       (1) immediately eliminating all export subsidies worldwide 
     while maintaining bona fide food aid and preserving United 
     States market development and export credit programs that 
     allow the United States to compete with other foreign export 
     promotion efforts;
       (2) leveling the playing field for United States producers 
     of agricultural products by eliminating blue box subsidies 
     and disciplining domestic supports in a way that forces 
     producers to face world prices on all production in excess of 
     domestic food security needs while allowing the preservation 
     of non-trade distorting programs to support family farms and 
     rural communities;
       (3) disciplining state trading enterprises by insisting on 
     transparency and banning discriminatory pricing practices 
     that amount to de facto export subsidies so that the 
     enterprises do not (except in cases of bona fide food aid) 
     sell in foreign markets at prices below domestic market 
     prices or prices below the full costs of acquiring and 
     delivering agricultural products to the foreign markets;
       (4) insisting that the Sanitary and Phytosanitary Accord 
     agreed to in the Uruguay Round applies to new technologies, 
     including biotechnology, and clarifying that labeling 
     requirements to allow consumers to make choices regarding 
     biotechnology products or other regulatory requirements 
     cannot be used as disguised barriers to trade;
       (5) increasing opportunities for United States exports of 
     agricultural products by first reducing tariff and nontariff 
     barriers to trade to the same or lower levels than exist in 
     the United States and then eliminating barriers, such as--
       (A) restrictive or trade distorting practices that 
     adversely impact perishable or cyclical products;
       (B) restrictive rules in the administration of tariff-rate 
     quotas; and
       (C) unjustified sanitary and phytosanitary restrictions or 
     other unjustified technical barriers to agricultural trade;
       (6) encouraging government policies that avoid price-
     depressing surpluses; and
       (7) strengthening dispute settlement procedures so that 
     countries cannot maintain unjustified restrictions on United 
     States exports in contravention of their commitments.
       (c) Consultation With Congressional Committees.--
       (1) Consultation before offer made.--Before the United 
     States Trade Representative negotiates a trade agreement that 
     would reduce tariffs on agricultural products or require a 
     change in United States agricultural law, the United States 
     Trade Representative shall consult with the Committee on 
     Agriculture, Nutrition, and Forestry and the Committee on 
     Finance of the Senate and the Committee on Agriculture and 
     the Committee on Ways and Means of the House of 
     Representatives.
       (2) Consultation before agreement initialed.--Not less than 
     48 hours before initialing an agreement relating to 
     agricultural trade negotiated under the auspices of the World 
     Trade Organization, the United States Trade Representative 
     shall consult closely with the committees referred to in 
     paragraph (1) regarding--
       (A) the details of the agreement;
       (B) the potential impact of the agreement on United States 
     agricultural producers; and
       (C) any changes in United States law necessary to implement 
     the agreement.
       (3) No secret side deals.--Any agreement or other 
     understanding (whether verbal or in writing) that relates to 
     agricultural trade that is not disclosed to the Congress 
     before legislation implementing a trade agreement is 
     introduced in either house of Congress shall not be 
     considered to be part of the agreement approved by Congress 
     and shall have no force and effect under United States law or 
     in any dispute settlement body.
       (d) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) reaching a successful agreement on agriculture should 
     be the top priority of United States negotiators; and
       (2) if the primary competitors of the United States do not 
     reduce their trade distorting domestic supports and export 
     subsidies in accordance with the negotiating objectives 
     expressed in this section, the United States should increase 
     its support and subsidy levels to level the playing field in 
     order to improve United States farm income and to encourage 
     United States competitors to eliminate export subsidies and 
     domestic supports that are harmful to United States farmers 
     and ranchers.
                                 ______
                                 

                       CONRAD AMENDMENT NO. 2361

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the end, insert the following new title:

      TITLE ____--CONGRESSIONAL APPROVAL FOR UNILATERAL SANCTIONS

     SEC.____01. SHORT TITLE.

       This title may be cited as the ``Food and Medicine for the 
     World Act''.

     SEC. ____02. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY 
                   UNILATERAL AGRICULTURAL OR MEDICAL SANCTION.

       (a) Definitions.--In this section:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given the term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Agricultural program.--The term ``agricultural 
     program'' means--
       (A) any program administered under the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1691 et. 
     seq.);
       (B) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (C) any program administered under the Agricultural Trade 
     Act of 1978 (7 U.S.C. 5601 et. seq.);
       (D) the dairy export incentive program administered under 
     section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-
     14);
       (E) any commercial export sale of agricultural commodities; 
     or
       (F) any export financing (including credits or credit 
     guarantees) provided by the United States Government for 
     agricultural commodities.
       (3) Joint resolution.--The term ``joint resolution'' 
     means--
       (A) in the case of subsection (b)(1)(B), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     subsection (b)(1)(A) is received by Congress, the matter 
     after the resolving clause of which is as follows: ``That 
     Congress approves the report of the President pursuant to 
     section ____02(b)(1)(A) of the Food and Medicine for the 
     World Act, transmitted on ______________.'', with the blank 
     completed with the appropriate date; and
       (B) in the case of subsection (e)(2), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     subsection (e)(1) is received by Congress, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     approves the report of the President pursuant to section 
     ____02(e)(1) of the Food and Medicine for the World Act, 
     transmitted on ______________.'', with the blank completed 
     with the appropriate date.
       (4) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (5) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (6) Unilateral agricultural sanction.--The term 
     ``unilateral agricultural sanction'' means any prohibition, 
     restriction, or condition on carrying out an agricultural 
     program with respect to a foreign country or foreign entity 
     that is imposed by the United States for reasons of foreign 
     policy or national security, except in a case in which the 
     United States imposes the measure pursuant to a multilateral 
     regime and the other member countries of that regime have 
     agreed to impose substantially equivalent measures.
       (7) Unilateral medical sanction.--The term ``unilateral 
     medical sanction'' means any prohibition, restriction, or 
     condition on

[[Page S13446]]

     exports of, or the provision of assistance consisting of, 
     medicine or a medical device with respect to a foreign 
     country or foreign entity that is imposed by the United 
     States for reasons of foreign policy or national security, 
     except in a case in which the United States imposes the 
     measure pursuant to a multilateral regime and the other 
     member countries of that regime have agreed to impose 
     substantially equivalent measures.
       (b) Restriction.--
       (1) New sanctions.--Except as provided in subsections (c) 
     and (d) and notwithstanding any other provision of law, the 
     President may not impose a unilateral agricultural sanction 
     or unilateral medical sanction against a foreign country or 
     foreign entity, unless--
       (A) not later than 60 days before the sanction is proposed 
     to be imposed, the President submits a report to Congress 
     that--
       (i) describes the activity proposed to be prohibited, 
     restricted, or conditioned; and
       (ii) describes the actions by the foreign country or 
     foreign entity that justify the sanction; and
       (B) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under subparagraph (A).
       (2) Existing sanctions.--
       (A) In general.--Except as provided in subparagraph (B), 
     with respect to any unilateral agricultural sanction or 
     unilateral medical sanction that is in effect as of the date 
     of enactment of this Act, the President shall terminate the 
     sanction.
       (B) Exemptions.--Subparagraph (A) shall not apply to a 
     unilateral agricultural sanction or unilateral medical 
     sanction imposed with respect to--
       (i) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (ii) the Export Credit Guarantee Program (GSM-102) or the 
     Intermediate Export Credit Guarantee Program (GSM-103) 
     established under section 202 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5622); or
       (iii) the dairy export incentive program administered under 
     section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-
     14).
       (c) Exceptions.--Subsection (b) shall not affect any 
     authority or requirement to impose (or continue to impose) a 
     sanction referred to in subsection (b)--
       (1) against a foreign country or foreign entity with 
     respect to which Congress has enacted a declaration of war 
     that is in effect on or after the date of enactment of this 
     Act; or
       (2) to the extent that the sanction would prohibit, 
     restrict, or condition the provision or use of any 
     agricultural commodity, medicine, or medical device that is--
       (A) controlled on the United States Munitions List 
     established under section 38 of the Arms Export Control Act 
     (22 U.S.C. 2778);
       (B) controlled on any control list established under the 
     Export Administration Act of 1979 (50 U.S.C. App. 2401 et 
     seq.); or
       (C) used to facilitate the development or production of a 
     chemical or biological weapon or weapon of mass destruction.
       (d) Countries Supporting International Terrorism.--
     Subsection (b) shall not affect the prohibitions in effect on 
     or after the date of enactment of this Act under section 620A 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) on 
     providing, to the government of any country supporting 
     international terrorism, United States government assistance, 
     including United States foreign assistance, United States 
     export assistance, or any United States credits or credit 
     guarantees.
       (e) Termination of Sanctions.--Any unilateral agricultural 
     sanction or unilateral medical sanction that is imposed 
     pursuant to the procedures described in subsection (b)(1) 
     shall terminate not later than 2 years after the date on 
     which the sanction became effective unless--
       (1) not later than 60 days before the date of termination 
     of the sanction, the President submits to Congress a report 
     containing the recommendation of the President for the 
     continuation of the sanction for an additional period of not 
     to exceed 2 years and the request of the President for 
     approval by Congress of the recommendation; and
       (2) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under paragraph (1).
       (f) Congressional Priority Procedures.--
       (1) Referral of report.--A report described in subsection 
     (b)(1)(A) or (e)(1) shall be referred to the appropriate 
     committee or committees of the House of Representatives and 
     to the appropriate committee or committees of the Senate.
       (2) Referral of joint resolution.--
       (A) In general.--A joint resolution shall be referred to 
     the committees in each House of Congress with jurisdiction.
       (B) Reporting date.--A joint resolution referred to in 
     subparagraph (A) may not be reported before the eighth 
     session day of Congress after the introduction of the joint 
     resolution.
       (3) Discharge of committee.--If the committee to which is 
     referred a joint resolution has not reported the joint 
     resolution (or an identical joint resolution) at the end of 
     30 session days of Congress after the date of introduction of 
     the joint resolution--
       (A) the committee shall be discharged from further 
     consideration of the joint resolution; and
       (B) the joint resolution shall be placed on the appropriate 
     calendar of the House concerned.
       (4) Floor consideration.--
       (A) Motion to proceed.--
       (i) In general.--When the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged under paragraph (3) from further consideration of, 
     a joint resolution--

       (I) it shall be at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any member of the House concerned to move 
     to proceed to the consideration of the joint resolution; and
       (II) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived.

       (ii) Privilege.--The motion to proceed to the consideration 
     of the joint resolution--

       (I) shall be highly privileged in the House of 
     Representatives and privileged in the Senate; and
       (II) not debatable.

       (iii) Amendments and motions not in order.--The motion to 
     proceed to the consideration of the joint resolution shall 
     not be subject to--

       (I) amendment;
       (II) a motion to postpone; or
       (III) a motion to proceed to the consideration of other 
     business.

       (iv) Motion to reconsider not in order.--A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order.
       (v) Business until disposition.--If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     House concerned until disposed of.
       (B) Limitations on debate.--
       (i) In general.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution.
       (ii) Further debate limitations.--A motion to limit debate 
     shall be in order and shall not be debatable.
       (iii) Amendments and motions not in order.--An amendment 
     to, a motion to postpone, a motion to proceed to the 
     consideration of other business, a motion to recommit the 
     joint resolution, or a motion to reconsider the vote by which 
     the joint resolution is agreed to or disagreed to shall not 
     be in order.
       (C) Vote on final passage.--Immediately following the 
     conclusion of the debate on a joint resolution, and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the House concerned, the vote on 
     final passage of the joint resolution shall occur.
       (D) Rulings of the chair on procedure.--An appeal from a 
     decision of the Chair relating to the application of the 
     rules of the Senate or House of Representatives, as the case 
     may be, to the procedure relating to a joint resolution shall 
     be decided without debate.
       (5) Coordination with action by other house.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     the following procedures shall apply:
       (A) No committee referral.--The joint resolution of the 
     other House shall not be referred to a committee.
       (B) Floor procedure.--With respect to a joint resolution of 
     the House receiving the joint resolution--
       (i) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the joint 
     resolution of the other House.
       (C) Disposition of joint resolutions of receiving house.--
     On disposition of the joint resolution received from the 
     other House, it shall no longer be in order to consider the 
     joint resolution originated in the receiving House.
       (6) Procedures after action by both the house and senate.--
     If a House receives a joint resolution from the other House 
     after the receiving House has disposed of a joint resolution 
     originated in that House, the action of the receiving House 
     with regard to the disposition of the joint resolution 
     originated in that House shall be deemed to be the action of 
     the receiving House with regard to the joint resolution 
     originated in the other House.
       (7) Rulemaking power.--This paragraph is enacted by 
     Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such this 
     paragraph--
       (i) is deemed to be a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution; and
       (ii) supersedes other rules only to the extent that this 
     paragraph is inconsistent with those rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as the rules relate 
     to the procedure of that House) at any time, in the same 
     manner and to the same extent as in the case of any other 
     rule of that House.
       (g) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section takes effect on the date of enactment of this Act.
       (2) Existing sanctions.--In the case of any unilateral 
     agricultural sanction or unilateral medical sanction that is 
     in effect as of the date of enactment of this Act, this 
     section takes effect 180 days after the date of enactment of 
     this Act.

[[Page S13447]]

                                 ______
                                 

                  WELLSTONE AMENDMENTS NOS. 2362-2366

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted five amendments intended to be proposed by 
him to the bill, H.R. 434, supra; as follows:

                           Amendment No. 2362

       At the appropriate place insert the following:

     SEC. ____. STATE PROVIDED VOLUNTARY PUBLIC FINANCING OF 
                   FEDERAL CANDIDATES.

       Section 403 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 453) is amended by adding at the end the following: 
     ``The preceding sentence shall not be interpreted to prohibit 
     a State from enacting a voluntary public financing system 
     which applies to a candidate for election to Federal office, 
     other than the office of President or Vice-President, from 
     such State who agrees to limit acceptance of contributions, 
     use of personal funds, and the making of expenditures in 
     connection with the election in exchange for full or partial 
     public financing from a State fund with respect to the 
     election, except that such system shall not allow any person 
     to take any action in violation of the provisions of this 
     Act.''.
                                  ____


                           Amendment No. 2363

       At the appropriate place insert the following:

     SEC. ____. STATE PROVIDED VOLUNTARY PUBLIC FINANCING OF 
                   FEDERAL CANDIDATES.

       Section 403 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 453) is amended by adding at the end the following: 
     ``The preceding sentence shall not be interpreted to prohibit 
     a State from enacting a voluntary public financing system 
     which applies to a candidate for election to Federal office, 
     other than the office of President or Vice-President, from 
     such State who agrees to limit acceptance of contributions, 
     use of personal funds, and the making of expenditures in 
     connection with the election in exchange for full or partial 
     public financing from a State fund with respect to the 
     election, except that such system shall not allow any person 
     to take any action in violation of the provisions of this 
     Act.''.
                                  ____


                           Amendment No. 2364

       At the appropriate place insert the following:

     SEC. ____. STATE PROVIDED VOLUNTARY PUBLIC FINANCING OF 
                   FEDERAL CANDIDATES.

       Section 403 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 453) is amended by adding at the end the following: 
     ``The preceding sentence shall not be interpreted to prohibit 
     a State from enacting a voluntary public financing system 
     which applies to a candidate for election to Federal office, 
     other than the office of President or Vice-President, from 
     such State who agrees to limit acceptance of contributions, 
     use of personal funds, and the making of expenditures in 
     connection with the election in exchange for full or partial 
     public financing from a State fund with respect to the 
     election, except that such system shall not allow any person 
     to take any action in violation of the provisions of this 
     Act.''.
                                  ____


                           Amendment No. 2365

       At the appropriate place insert the following:

     SEC. ____. STATE PROVIDED VOLUNTARY PUBLIC FINANCING OF 
                   FEDERAL CANDIDATES.

       Section 403 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 453) is amended by adding at the end the following: 
     ``The preceding sentence shall not be interpreted to prohibit 
     a State from enacting a voluntary public financing system 
     which applies to a candidate for election to Federal office, 
     other than the office of President or Vice-President, from 
     such State who agrees to limit acceptance of contributions, 
     use of personal funds, and the making of expenditures in 
     connection with the election in exchange for full or partial 
     public financing from a State fund with respect to the 
     election, except that such system shall not allow any person 
     to take any action in violation of the provisions of this 
     Act.''.
                                  ____


                           Amendment No. 2366

       At the appropriate place insert the following:

     SEC. ____. STATE PROVIDED VOLUNTARY PUBLIC FINANCING OF 
                   FEDERAL CANDIDATES.

       Section 403 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 453) is amended by adding at the end the following: 
     ``The preceding sentence shall not be interpreted to prohibit 
     a State from enacting a voluntary public financing system 
     which applies to a candidate for election to Federal office, 
     other than the office of President or Vice-President, from 
     such State who agrees to limit acceptance of contributions, 
     use of personal funds, and the making of expenditures in 
     connection with the election in exchange for full or partial 
     public financing from a State fund with respect to the 
     election, except that such system shall not allow any person 
     to take any action in violation of the provisions of this 
     Act.''.
                                 ______
                                 

                  DODD (AND OTHERS) AMENDMENT NO. 2367

  (Ordered to lie on the table.)
  Mr. DODD (for himself, Mr. Lieberman, Mr. Ashcroft, and Mr. Bond) 
submitted an amendment intended to be proposed by them to the bill, 
H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. RELIQUIDATION OF CERTAIN NUCLEAR FUEL ASSEMBLIES.

       (a) In General.--Notwithstanding section 514 of the Tariff 
     Act of 1930 (19 U.S.C. 1514) or any other provision of law, 
     upon proper request filed with the Secretary of the Treasury 
     not later than 90 days after the date of the enactment of 
     this Act, the Secretary shall--
       (1) reliquidate as free of duty the entries listed in 
     subsection (b); and
       (2) refund any duties paid with respect to such entries as 
     shown on Customs Service Collection Receipt Number 527006753.
       (b) Entries.--The entries referred to in subsection (a) are 
     as follows:

Date of Entry
January 16, 1996.......................................................

February 13, 1996......................................................

January 25, 1996.......................................................

December 2, 1996.......................................................

January 21, 1997.......................................................
                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 2368

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself, Mr. Bingaman, and Mrs. Murray) submitted an 
amendment intended to be proposed by them to the bill, H.R. 434, supra; 
as follows:

       At the appropriate place, add the following new title:
           TITLE ____--FOREIGN AGRICULTURAL EXPORT SUBSIDIES

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Agricultural Trade 
     Fairness Act of 1999''.

     SEC. ____02. FINDINGS.

       Congress finds that--
       (1) United States agricultural producers are facing 
     financial ruin due to unanticipated declines in prices for 
     agricultural commodities;
       (2) foreign export subsidies of agricultural commodities 
     depress prices further and prevent access to export markets 
     by United States agricultural producers;
       (3) the European Union, the entity that provides by far the 
     largest agricultural export subsidies, provides 84 percent of 
     the agricultural export subsidies provided in the world;
       (4) the export enhancement program carried out by the 
     United States under section 301 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5651) is authorized to be funded at over 
     $500,000,000 for each of fiscal years 1998 through 2000 
     (consistent with the Uruguay Round reduction commitments), 
     but has been funded at well below the authorized levels; and
       (5) the European Union continues to use agricultural export 
     subsidies to bridge the gap between high domestic support 
     prices and lower world prices, resulting in extreme market 
     distortions.

     SEC. ____03. RESPONSE TO UNFAIR TRADE PRACTICES BY EUROPEAN 
                   UNION.

       Title III of the Agricultural Trade Act of 1978 (7 U.S.C. 
     5651 et seq.) is amended by adding at the end the following:

     ``SEC. 304. RESPONSE TO UNFAIR TRADE PRACTICES BY EUROPEAN 
                   UNION.

       ``(a) Reduction of Agricultural Export Subsidies.--
       ``(1) In general.--If by January 1, 2002, the European 
     Union does not reduce agricultural export subsidies by at 
     least 50 percent of the level of agricultural export 
     subsidies provided as of October 1, 1999 (as determined by 
     the Secretary), the Secretary shall take appropriate measures 
     to protect the interests of producers of United States 
     agricultural commodities and ensure the international 
     competitiveness of United States agriculture.
       ``(2) Measures.--In carrying out paragraph (1), the 
     Secretary shall, to the maximum extent practicable--
       ``(A) target the European Union's most sensitive export 
     markets for feed grains; and
       ``(B) make available to carry out the export enhancement 
     program under section 301(e)(1) not more than $1,000,000,000 
     to encourage the commercial sale of United States 
     agricultural commodities in the chief export markets of the 
     European Union.
       ``(b) Elimination of Agricultural Export Subsidies.--
       ``(1) In general.--If by January 1, 2003, the European 
     Union and the United States do not enter into an agricultural 
     trade agreement under which the European Union agrees to 
     eliminate agricultural export subsidies (as determined by the 
     Secretary), the Secretary shall take appropriate measures to 
     protect the interests of producers of United States 
     agricultural commodities and ensure the international 
     competitiveness of United States agriculture.
       ``(2) Measures.--In carrying out paragraph (1), the 
     Secretary shall, to the maximum extent practicable--
       ``(A) target the European Union's most sensitive export 
     markets for feed grains;
       ``(B) make available to carry out the export enhancement 
     program under section 301(e)(1) not more than $2,000,000,000 
     to encourage the commercial sale of United

[[Page S13448]]

     States agricultural commodities in the chief export markets 
     of the European Union;
       ``(C) increase the amount of funds made available to carry 
     out direct credit programs and export credit guarantee 
     programs under subsections (a) and (b) of section 211 to 
     promote the commercial export sale of United States 
     agricultural commodities in the chief export markets of the 
     European Union; and
       ``(D) increase the amount of funds made available to carry 
     out the market access program under section 211(c)(1) to 
     encourage the development, maintenance, and expansion of 
     commercial export markets for United States agricultural 
     commodities in the chief export markets of the European 
     Union.''.
                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 2369

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself, Mr. Grams, Mrs. Murray, and Mr. Wyden) 
submitted an amendment intended to be proposed by them to the bill, 
H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. ENVIRONMENTAL GOODS.

       (a) Findings.--Congress makes the following findings:
       (1) United States trade policy should facilitate export of 
     American products which improve the quality of life.
       (2) United States firms possess a variety of technologies 
     which can measure, limit, and prevent environmental damage.
       (3) The World Trade Organization is considering a proposal 
     generated in the Asia Pacific Economic Cooperation (APEC) to 
     reduce barriers to trade in environmental products. The 
     proposal includes the elimination of tariff barriers on such 
     products.
       (4) Eliminating such tariffs would benefit both the 
     environment and United States exporters.
       (5) The President, after consultation with Congress, should 
     have the authority to enter into a broad-based agreement to 
     eliminate tariff barriers with respect to environmental 
     products under the auspices of the World Trade Organization.
       (b)  Purpose.--The purpose of this section is to reduce 
     barriers to international trade in environmental products.
       (c) Proclamation Authority.--
       (1) In general.--If the President determines that any 
     existing duty or other import restriction of any foreign 
     country or the United States is unduly burdening or 
     restricting the foreign trade of the United States with 
     respect to an environmental product described in paragraph 
     (2) and the United States enters into an agreement to 
     eliminate or reduce the duty or remove the burden or 
     restriction with respect to such product as part of a 
     multilateral negotiation under the auspices of the World 
     Trade Organization, the President may proclaim the 
     elimination or staged rate reductions of any duty on such 
     environmental product.
       (2) Environmental product described.--An environmental 
     product described in this paragraph means--
       (A) any product used to measure, prevent, limit, or correct 
     environmental damage to water, air, and soil;
       (B) any product used to address environmental problems 
     related to waste, noise, and ecosystems; and
       (C) any technology, process, and product which reduces 
     environmental risk and minimizes pollution or use of 
     materials.
       (3) Consultation and layover.--Any duty elimination or 
     staged rate reduction provided for in this section may be 
     proclaimed only if the President--
       (A) has obtained advice regarding the proposed action from 
     the appropriate advisory committees established under section 
     135 of the Trade Act of 1974 (19 U.S.C. 2155) and the 
     International Trade Commission;
       (B) has submitted a report to the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Finance of the Senate that sets forth--
       (i) the action proposed to be proclaimed;
       (ii) the reasons for such action; and
       (iii) the advice obtained under subparagraph (A); and
       (C) has consulted with the committees regarding the 
     proposed action during the 60-calendar day period, beginning 
     on the first day after the day on which the President has met 
     the requirements of subparagraphs (A) and (B).
                                 ______
                                 

                        KERRY AMENDMENT NO. 2370

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert:

     SEC. ____. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING 
                   VACCINES AGAINST WIDESPREAD DISEASES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business related credits) is amended by adding at the end the 
     following new section:

     ``SEC. 45D. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING 
                   VACCINES AGAINST WIDESPREAD DISEASES.

       ``(a) General Rule.--For purposes of section 38, the 
     vaccine research credit determined under this section for the 
     taxable year is an amount equal to 30 percent of the 
     qualified vaccine research expenses for the taxable year.
       ``(b) Qualified Vaccine Research Expenses.--For purposes of 
     this section--
       ``(1) Qualified vaccine research expenses.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `qualified vaccine research expenses' 
     means the amounts which are paid or incurred by the taxpayer 
     during the taxable year which would be described in 
     subsection (b) of section 41 if such subsection were applied 
     with the modifications set forth in subparagraph (B).
       ``(B) Modifications.--For purposes of subparagraph (A), 
     subsection (b) of section 41 shall be applied--
       ``(i) by substituting `vaccine research' for `qualified 
     research' each place it appears in paragraphs (2) and (3) of 
     such subsection, and
       ``(ii) by substituting `75 percent' for `65 percent' in 
     paragraph (3)(A) of such subsection.
       ``(C) Exclusion for amounts funded by grants, etc.--The 
     term `qualified vaccine research expenses' shall not include 
     any amount to the extent such amount is funded by any grant, 
     contract, or otherwise by another person (or any governmental 
     entity).
       ``(2) Vaccine research.--The term `vaccine research' means 
     research to develop vaccines and microbicides for--
       ``(A) malaria,
       ``(B) tuberculosis, or
       ``(C) HIV.
       ``(c) Coordination With Credit for Increasing Research 
     Expenditures.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     qualified vaccine research expenses for a taxable year to 
     which an election under this section applies shall not be 
     taken into account for purposes of determining the credit 
     allowable under section 41 for such taxable year.
       ``(2) Expenses included in determining base period research 
     expenses.--Any qualified vaccine research expenses for any 
     taxable year which are qualified research expenses (within 
     the meaning of section 41(b)) shall be taken into account in 
     determining base period research expenses for purposes of 
     applying section 41 to subsequent taxable years.
       ``(d) Special Rules.--
       ``(1) Limitations on foreign testing.--No credit shall be 
     allowed under this section with respect to any vaccine 
     research (other than human clinical testing) conducted 
     outside the United States by any entity which is not 
     registered with the Secretary.
       ``(2) Certain rules made applicable.--Rules similar to the 
     rules of paragraphs (1) and (2) of section 41(f) shall apply 
     for purposes of this section.
       ``(3) Election.--This section (other than subsection (e)) 
     shall apply to any taxpayer for any taxable year only if such 
     taxpayer elects to have this section apply for such taxable 
     year.
       ``(e) Shareholder Equity Investment Credit in Lieu of 
     Research Credit.--
       ``(1) In general.--For purposes of section 38, the vaccine 
     research credit determined under this section for the taxable 
     year shall include an amount equal to 20 percent of the 
     amount paid by the taxpayer to acquire qualified research 
     stock in a corporation if--
       ``(A) the amount received by the corporation for such stock 
     is used within 18 months after the amount is received to pay 
     qualified vaccine research expenses of the corporation for 
     which a credit would (but for subparagraph (B) and subsection 
     (d)(3)) be determined under this section, and
       ``(B) the corporation waives its right to the credit 
     determined under this section for the qualified vaccine 
     research expenses which are paid with such amount.
       ``(2) Qualified research stock.--For purposes of paragraph 
     (1), the term `qualified research stock' means any stock in a 
     C corporation--
       ``(A) which is originally issued after the date of the 
     enactment of the Lifesaving Vaccine Technology Act of 1999,
       ``(B) which is acquired by the taxpayer at its original 
     issue (directly or through an underwriter) in exchange for 
     money or other property (not including stock), and
       ``(C) as of the date of issuance, such corporation meets 
     the gross assets tests of subparagraphs (A) and (B) of 
     section 1202(d)(1).''
       (b) Inclusion in General Business Credit.--
       (1) In general.--Section 38(b) of the Internal Revenue Code 
     of 1986 (relating to current year business credit) is amended 
     by striking ``plus'' at the end of paragraph (11), by 
     striking the period at the end of paragraph (12) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(13) the vaccine research credit determined under section 
     45D.''.
       (2) Transition rule.--Section 39(d) of such Code (relating 
     to transitional rules) is amended by adding at the end the 
     following new paragraph:
       ``(9) No carryback of section 45d credit before 
     enactment.--No portion of the unused business credit for any 
     taxable year which is attributable to the vaccine research 
     credit determined under section 45D may be carried back to a 
     taxable year ending before the date of the enactment of 
     section 45D.''.
       (c) Denial of Double Benefit.--Section 280C of the Internal 
     Revenue Code of 1986 (relating to certain expenses for which 
     credits are allowable) is amended by adding at the end the 
     following new subsection:
       ``(d) Credit for Qualified Vaccine Research Expenses.--
       ``(1) In general.--No deduction shall be allowed for that 
     portion of the qualified vaccine research expenses (as 
     defined in section

[[Page S13449]]

     45D(b)) otherwise allowable as a deduction for the taxable 
     year which is equal to the amount of the credit determined 
     for such taxable year under section 45D(a).
       ``(2) Certain rules to apply.--Rules similar to the rules 
     of paragraphs (2), (3), and (4) of subsection (c) shall apply 
     for purposes of this subsection.''.
       (d) Deduction for Unused Portion of Credit.--Section 196(c) 
     of the Internal Revenue Code of 1986 (defining qualified 
     business credits) is amended by striking ``and'' at the end 
     of paragraph (7), by striking the period at the end of 
     paragraph (8) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(9) the vaccine research credit determined under section 
     45D(a) (other than such credit determined under the rules of 
     section 280C(d)(2)).''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 45D. Credit for medical research related to developing vaccines 
              against widespread diseases.''.

       (f) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     1999, in taxable years ending after such date.
       (g) Distribution of Vaccines Developed Using Credit.--It is 
     the sense of Congress that if a tax credit is allowed under 
     section 45D of the Internal Revenue Code of 1986 (as added by 
     subsection (a)) to any corporation or shareholder of a 
     corporation by reason of vaccine research expenses incurred 
     by the corporation in the development of a vaccine, such 
     corporation should certify to the Secretary of the Treasury 
     that, within 1 year after that vaccine is first licensed, 
     such corporation will establish a good faith plan to maximize 
     international access to high quality and affordable vaccines.
       (h) Study.--The Secretary of the Treasury, in consultation 
     with the Institute of Medicine, shall conduct a study of the 
     effectiveness of the credit under section 45D of the Internal 
     Revenue Code of 1986 (as so added) in stimulating vaccine 
     research. Not later than the date which is 4 years after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the Congress the results of such study together with any 
     recommendations the Secretary may have to improve the 
     effectiveness of such credit in stimulating vaccine research.
       (i) Acceleration of Introduction of Priority Vaccines.--It 
     is the sense of Congress that the President and Federal 
     agencies (including the Department of State, the Department 
     of Health and Human Services, and the Department of the 
     Treasury) should work together in vigorous support of the 
     creation and funding of a multi-lateral, international 
     effort, such as a vaccine purchase fund, to accelerate the 
     introduction of vaccines to which the tax credit under 
     section 45D of the Internal Revenue Code of 1986 (as so 
     added) applies and of other priority vaccines into the 
     poorest countries in the world.
       (j) Flexible Pricing.--It is the sense of Congress that 
     flexible or differential pricing for vaccines, providing 
     lowered prices for the poorest countries, is one of several 
     valid strategies to accelerate the introduction of vaccines 
     in developing countries.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 2371

  (Ordered to lie on the table.)
  Mr. HARKIN submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. GOODS MADE WITH FORCED OR INDENTURED LABOR.

       (a) In General.--Section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307) is amended--
       (1) in the second sentence, by striking ``; but in no 
     case'' and all that follows to the end period; and
       (2) by adding at the end the following new sentence: ``For 
     purposes of this section, the term `forced labor or/and 
     indentured labor' includes forced or indentured child 
     labor.''.
       (b) Effective Dates.--
       (1) In general.--The amendment made by subsection (a)(1) 
     applies to goods entered, or withdrawn from warehouse for 
     consumption, on or after the date that is 15 days after the 
     date of enactment of this Act.
       (2) Child labor.--The amendment made by subsection (a)(2) 
     takes effect on the date of enactment of this Act.
                                 ______
                                 

                      SANTORUM AMENDMENT NO. 2372

  (Ordered to lie on the table.)
  Mr. SANTORUM submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       On page 22, between lines 5 and 6, insert the following new 
     section:

     SEC. 116. STUDY ON IMPROVING AFRICAN AGRICULTURAL PRACTICES.

       (a) In general.--The United States Department of 
     Agriculture, in consultation with American Land Grant 
     Colleges and Universities and not-for-profit international 
     organizations, is authorized to conduct a two-year study on 
     ways to improve the flow of American farming techniques and 
     practices to African farmers. The study conducted by the 
     Department of Agriculture shall include an examination of 
     ways of improving or utilizing--
       (1) knowledge of insect and sanitation procedures;
       (2) modern farming and soil conservation techniques;
       (3) modern farming equipment (including maintaining the 
     equipment);
       (4) marketing crop yields to prospective purchasers; and
       (5) crop maximization practices.
     The study shall be submitted to the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate and the Committee on 
     Agriculture of the House of Representatives not later than 
     September 30, 2001.
       (b) Land Grant Colleges and Not-for-Profit Institutions.--
     The Department of Agriculture is encouraged to consult with 
     American Land Grant Colleges and not-for-profit international 
     organizations that have firsthand knowledge of current 
     African farming practices.
       (c) Authorization of Funding.--There is authorized to be 
     appropriated $2,000,000 to conduct the study described in 
     subsection (a).
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 2373

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted an amendment intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. LIMITATION ON BENEFITS.

       Notwithstanding any other provision of law, a country that 
     is otherwise entitled to receive beneficial trade preferences 
     or treatment with the United States under this Act shall not 
     be entitled to such benefits unless and until the President 
     certifies to Congress that such country has in place, and 
     enforces, laws adequate to prevent their country's financial 
     systems from being used to circumvent the criminal laws of 
     the United States relating to money laundering and other 
     illegal financial activities.
                                 ______
                                 

                   HOLLINGS AMENDMENT NOS. 2374-2391

  (Ordered to lie on the table.)
  Mr. Hollings submitted 18 amendments intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

                           Amendment No. 2374

       Strike all after the first word and insert the following:

     SEC.____. MINIMUM WAGE.

       (a) Increase.--Paragraph (1) of section 6(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 
     to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.65 an hour during the year beginning on December 
     1, 2000; and
       ``(B) $6.15 an hour beginning on January 1, 2001;''.
       (b) Application to Commonwealth of the Northern Mariana 
     Islands.--The provisions of section 6 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206) shall apply to the 
     Commonwealth of the Northern Mariana Islands.
                                  ____


                           Amendment No. 2375

       Strike all after the first word and insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Bipartisan 
     Campaign Finance Reform Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

     Sec. 1. Short title; table of contents.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

     Sec. 101. Soft money of political parties.
     Sec. 102. Increased contribution limits for State committees 
         of political parties and aggregate contribution limit for 
         individuals.
     Sec. 103. Reporting requirements.

           TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES

     Sec. 201. Definitions.
     Sec. 202. Express advocacy determined without regard to 
         background music.
     Sec. 203. Civil penalty.
     Sec. 204. Reporting requirements for certain independent 
         expenditures.
     Sec. 205. Independent versus coordinated expenditures by 
         party.
     Sec. 206. Coordination with candidates.

                         TITLE III--DISCLOSURE

     Sec. 301. Filing of reports using computers and facsimile 
         machines.
     Sec. 302. Prohibition of deposit of contributions with 
         incomplete contributor information.
     Sec. 303. Audits.
     Sec. 304. Reporting requirements for contributions of $50 or 
         more.
     Sec. 305. Use of candidates' names.
     Sec. 306. Prohibition of false representation to solicit 
         contributions.
     Sec. 307. Soft money of persons other than political parties.
     Sec. 308. Campaign advertising.

                    TITLE IV--PERSONAL WEALTH OPTION

     Sec. 401. Voluntary personal funds expenditure limit.
     Sec. 402. Political party committee coordinated expenditures.

[[Page S13450]]

                         TITLE V--MISCELLANEOUS

     Sec. 501. Codification of Beck decision.
     Sec. 502. Use of contributed amounts for certain purposes.
     Sec. 503. Limit on congressional use of the franking 
         privilege.
     Sec. 504. Prohibition of fundraising on Federal property.
     Sec. 505. Penalties for violations.
     Sec. 506. Strengthening foreign money ban.
     Sec. 507. Prohibition of contributions by minors.
     Sec. 508. Expedited procedures.
     Sec. 509. Initiation of enforcement proceeding.
     Sec. 510. Protecting equal participation of eligible voters 
         in campaigns and elections.
     Sec. 511. Penalty for violation of prohibition against 
         foreign contributions.
     Sec. 512. Expedited court review of certain alleged 
         violations of Federal Election Campaign Act of 1971.
     Sec. 513. Conspiracy to violate presidential campaign 
         spending limits.
     Sec. 514. Deposit of certain contributions and donations in 
         Treasury account.
     Sec. 515. Establishment of a clearinghouse of information on 
         political activities within the Federal Election 
         Commission.
     Sec. 516. Enforcement of spending limit on presidential and 
         vice presidential conditions who received public 
         financing.
     Sec. 517. Clarification of right of nationals of the United 
         States to make political contributions.

      TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

     Sec. 601. Establishment and purpose of Commission.
     Sec. 602. Membership of Commission.
     Sec. 603. Powers of Commission.
     Sec. 604. Administrative provisions.
     Sec. 605. Report and recommended legislation.
     Sec. 606. Expedited congressional consideration of 
         legislation.
     Sec. 607. Termination.
     Sec. 608. Authorization of appropriations.

TITLE VII--PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR 
                         POLITICAL FUNDRAISING

     Sec. 701. Prohibiting use of White House means and 
         accommodations for political fundraising.

  TITLE VIII--SENSE OF THE CONGRESS REGARDING FUNDRAISING ON FEDERAL 
                          GOVERNMENT PROPERTY

     Sec. 801. Sense of the Congress regarding applicability of 
         controlling legal authority of fundraising on Federal 
         government property.

TITLE IX--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN FEDERAL 
                          GOVERNMENT PROPERTY

     Sec. 901. Prohibition against acceptance or solicitation to 
         obtain access to certain Federal government property.

  TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN 
                                ACTIVITY

     Sec. 1001. Requiring national parties to reimburse at cost 
         for use of Air Force One for political fundraising.

           TITLE XI--PROHIBITING USE OF WALKING AROUND MONEY

     Sec. 1101. Prohibiting campaigns from providing currently to 
         individuals for purposes of encouraging turnout on date 
         of election.

            TITLE XII--ENHANCING ENFORCEMENT OF CAMPAIGN LAW

     Sec. 1201. Enhancing enforcement of campaign finance law.

 TITLE XIII--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL 
                               CANDIDATES

     Sec. 1301. Ban on coordination of soft money for issue 
         advocacy by presidential candidates receiving public 
         financing.

    TITLE XIV--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON 
                                INTERNET

     Sec. 1401. Requirement that names of passengers on Air Force 
         One and Air Force Two be made available through the 
         Internet.

  TITLE XV--EXPLUSION PROCEEDINGS FOR HOUSE MEMBERS RECEIVING FOREIGN 
                             CONTRIBUTIONS

     Sec. 1501. Permitting consideration of privileged motion to 
         expel House member accepting illegal foreign 
         contribution.

TITLE XVI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS

     Sec. 1601. Severability.
     Sec. 1602. Review of constitutional issues.
     Sec. 1603. Effective date.
     Sec. 1604. Regulations.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

     SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.) is amended by adding at the end the 
     following new section.--

                   ``SOFT MONEY OF POLITICAL PARTIES

       ``Sec. 323. (a) National Committee.--
       ``(1) In general.--A national committee of a political 
     party (including a national congressional campaign committee 
     of a political party) and any officers or agents of such 
     party committees, shall not solicit, receive, or direct to 
     another person a contribution, donation, or transfer of 
     funds, or spend any funds, that are not subject to the 
     limitations, prohibitions, and reporting requirements of this 
     Act.
       ``(2) Applicability.-- This subsection shall apply to an 
     entity that is directly or indirectly established, financed, 
     maintained, or controlled by a national committee of a 
     political party (including a national congressional campaign 
     committee of a political party), or an entity acting on 
     behalf of a national committee and an officer or agent acting 
     on behalf of any such committee or entity.
       ``(b) State, District, and Local Committees.--
       ``(1) In general.--An amount that is expended or disbursed 
     by a State, district, or local committee of a political party 
     (including an entity that is directly or indirectly 
     established, financed, maintained, or controlled by a State, 
     district, or local committee of a political party and an 
     officer or agent acting on behalf of such committee or 
     entity) for Federal election activity shall be made from 
     funds subject to the limitations, prohibitions, and reporting 
     requirements of this Act.
       ``(2) Federal election activity.--
       ``(A) In general.--The term `Federal election activity' 
     means--
       ``(i) voter registration activity during the period that 
     begins on the date that is 120 days before the date a 
     regularly scheduled Federal election is held and ends on the 
     date of the election;
       ``(ii) voter identification, get-out-the-vote activity, or 
     generic campaign activity conducted in connection with an 
     election in which a candidate for Federal office appears on 
     the ballot (regardless of whether a candidate for State or 
     local office also appears on the ballot); and
       ``(iii) a communication that refers to a clearly identified 
     candidate for Federal office (regardless of whether a 
     candidate for State or local office is also mentioned or 
     identified) and is made for the purpose of influencing a 
     Federal election (regardless of whether the communication is 
     express advocacy).
       ``(B) Excluded activity.--The term `Federal election 
     activity' does not include an amount expended or disbursed by 
     a State, district, or local committee of a political party 
     for--
       ``(i) campaign activity conducted solely on behalf of a 
     clearly identified candidate for State or local office, 
     provided the campaign activity is not a Federal election 
     activity described in subparagraph (A);
       ``(ii) a contribution to a candidate for State or local 
     office, provided the contribution is not designated or used 
     to pay for a Federal election activity described in 
     subparagraph (A);
       ``(iii) the costs of a State, district, or local political 
     convention;
       ``(iv) the costs of grassroots campaign materials, 
     including buttons, bumper stickers, and yard signs, that name 
     or depict only a candidate for State or local office;
       ``(v) the non-Federal share of a State, district, or local 
     party committee's administrative and overhead expenses (but 
     not including the compensation in any month of an individual 
     who spends more than 20 percent of the individual's time on 
     Federal election activity) as determined by a regulation 
     promulgated by the Commission to determine the non-Federal 
     share of a State, district, or local party committee's 
     administrative and overhead expenses; and
       ``(vi) the cost of constructing or purchasing an office 
     facility or equipment for a State, district or local 
     committee.
       ``(c) Fundraising Costs.--An amount spent by a national, 
     State, district, or local committee of a political party, by 
     an entity that is established, financed, maintained, or 
     controlled by a national, State, district, or local committee 
     of a political party, or by an agent or officer of any such 
     committee or entity, to raise funds that are used, in whole 
     or in part, to pay the costs of a Federal election activity 
     shall be made from funds subject to the limitations, 
     prohibitions, and reporting requirements of this Act.
       ``(d) Tax-Exempt Organizations.--A national, State, 
     district, or local committee of a political party (including 
     a national congressional campaign committee of a political 
     party), an entity that is directly or indirectly established, 
     financed, maintained, or controlled by any such national, 
     State, district, or local committee or its agent, and an 
     officer or agent acting on behalf of any such party committee 
     or entity, shall not solicit any funds for, or make or direct 
     any donations to, an organization that is described in 
     section 501(c) of the Internal Revenue Code of 1986 and 
     exempt from taxation under section 501(a) of such Code (or 
     has submitted an application to the Commissioner of the 
     Internal Revenue Service for determination of tax-exemption 
     under such section).
       ``(e) Candidates.--
       ``(1) In general.--A candidate, individual holding Federal 
     office, agent of a candidate or individual holding Federal 
     office, or an entity directly or indirectly established, 
     financed, maintained or controlled by or acting on behalf of 
     one or more candidates or individuals holding Federal office, 
     shall not--
       ``(A) solicit, receive, direct, transfer, or spend funds in 
     connection with an election for Federal office, including 
     funds for any Federal election activity, unless the funds are 
     subject to the limitations. prohibitions, and reporting 
     requirements of this Act; or
       ``(B) solicit, receive, direct, transfer, or spend funds in 
     connection with any election

[[Page S13451]]

     other than an election for Federal office or disburse funds 
     in connection with such an election unless the funds--
       ``(i) are not in excess of the amounts permitted with 
     respect to contributions to candidates and political 
     committees under paragraphs (1) and (2) of section 315(a); 
     and
       ``(ii) are not from sources prohibited by this Act from 
     making contributions with respect to an election for Federal 
     office.
       ``(2) State law.--Paragraph (1) does not apply to the 
     solicitation, receipt, or spending of funds by an individual 
     who is a candidate for a State or local office in connection 
     with such election for State or local office if the 
     solicitation, receipt, or spending of funds is permitted 
     under State law for any activity other than a Federal 
     election activity.
       ``(3) Fundraising events.--Notwithstanding paragraph (1), a 
     candidate may attend, speak, or be a featured guest at a fund 
     raising event for a State, district, or local committee of a 
     political party.''.

     SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES 
                   OF POLITICAL PARTIES AND AGGREGATE CONTRIBUTION 
                   LIMIT FOR INDIVIDUALS.

       (a) Contribution Limit for State Committees of Political 
     Parties.--Section 315(a)(1) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 441a(a)(1)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C)--
       (A) by inserting ``(other than a committee described in 
     subparagraph (D))'' after ``committee''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following--
       ``(D) to a political committee established and maintained 
     by a State committee of a political party in any calendar 
     year that, in the aggregate, exceed $10,000''.
       (b) Aggregate Contribution Limit for Individual.--Section 
     315(a)(3) of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a(a)(3)) is amended by striking ``$25,000'' and 
     inserting ``$30,000''.

     SEC. 103. REPORTING REQUIREMENTS.

       (a) Reporting Requirements.--Section 304 of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by 
     section 204) is amended by inserting after subsection (d) the 
     following.--
       ``(e) Political Committees.--
       ``(1) National and congressional political committees.--The 
     national committee of a political party, any national 
     congressional campaign committee of a political party, and 
     any subordinate committee of either, shall report all 
     receipts and disbursements during the reporting period.
       ``(2) Other political committees to which section 323 
     applies: In addition to any other reporting requirements 
     applicable under this Act, a political committee (not 
     described in paragraph (1)) to which section 323(b)(1) 
     applies shall report all receipts and disbursements made for 
     activities described in paragraphs (2)(A) and (2)(B)(v) of 
     section 323(b).
       ``(3) Itemization.--If a political committee has receipts 
     or disbursements to which this subsection applies from any 
     person aggregating in excess of $200 for any calendar year, 
     the political committee shall separately itemize its 
     reporting for such person in the same manner as required in 
     paragraphs (3)(A), (5), and (6) of subsection (b).
       ``(4) Reporting periods.--Reports required to be filed 
     under this subsection shall be filed for the same time 
     periods required for political committees under subsection 
     (a)''.
       (b) Building Fund Exception to the Definition of 
     Contribution.--Section 301(8)(B) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
       (1) by striking clause (viii); and
       (2) by redesignating clauses (ix) through (xiv) as clauses 
     (viii) through (xiii), respectively.

           TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES

     SEC. 201. DEFINITIONS.

       (a) Definition of Independent Expenditure.--Section 301 of 
     the Federal Election Campaign Act (2 U.S.C. 431) is amended 
     by striking paragraph (17) and inserting the following:
       ``(17) Independent expenditure.--
       ``(A) In general.-- The term `independent expenditure' 
     means an expenditure by a person--
       ``(i) for a communication that is express advocacy; and
       ``(ii) that is not coordinated activity or is not provided 
     in coordination with a candidate or a candidate's agent or a 
     person who is coordinating with a candidate or a candidate's 
     agent.''.
       (b) Definition of Express Advocacy.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Express advocacy.--
       ``(A) In general.--The term `express advocacy' means a 
     communication that advocates the election or defeat of a 
     candidate by--
       ``(i) containing a phrase such as `vote for', `re-elect', 
     `support', `cast your ballot for', `(name of candidate) for 
     Congress', `(name of candidate) in 1997', `vote against', 
     `defeat', `reject', or a campaign slogan or words that in 
     context can have no reasonable meaning other than to advocate 
     the election or defeat of one or more clearly identified 
     candidates;
       ``(ii) referring to one or more clearly identified 
     candidates in a paid advertisement that is transmitted 
     through radio or television within 60 calendar days preceding 
     the date of an election of the candidate and that appears in 
     the State in which the election is occurring, except that 
     with respect to a candidate for the office of Vice President 
     or President, the time period is within 60 calendar days 
     preceding the date of a general election; or
       ``(iii) expressing unmistakable and unambiguous support for 
     or opposition to one or more clearly identified candidates 
     when taken as a whole and with limited reference to external 
     events, such as proximity to an election.
       ``(B) Voting record and voting guide exception.--The term 
     `express advocacy' does not include a communication which is 
     in printed form or posted on the Internet that--
       ``(i) presents information solely about the voting record 
     or position on a campaign issue of one or more candidates 
     (including any statement by the sponsor of the voting record 
     or voting guide of its agreement or disagreement with the 
     record or position of a candidate), so long as the voting 
     record or voting guide when taken as a whole does not express 
     unmistakable and unambiguous support for or opposition to one 
     or more clearly identified candidates;
       ``(ii) is not coordinated activity or is not made in 
     coordination with a candidate, political party, or agent of 
     the candidate or party, or a candidate's agent or a person 
     who is coordinating with a candidate or a candidate's agent, 
     except that nothing in this clause may be construed to 
     prevent the sponsor of the voting guide from directing 
     questions in writing to a candidate about the candidate's 
     position on issues for purposes of preparing a voter guide or 
     to prevent the candidate from responding in writing to such 
     questions; and
       ``(iii) does not contain a phrase such as `vote for', `re-
     elect', `support', `cast your ballot for', `(name of 
     candidate) for Congress', `(name of candidate) in 1997', 
     `vote against', `defeat', `reject', or a campaign slogan or 
     words that in context can have no reasonable meaning other 
     than to urge the election or defeat of one or more clearly 
     identified candidates.''.
       (c) Definition of Expenditure.--Section 301(9)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is 
     amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iii) a payment made by a political committee for a 
     communication that--
       ``(I) refers to a clearly identified candidate; and
       ``(II) is for the purpose of influencing a Federal election 
     (regardless of whether the communication is express 
     advocacy).''.

     SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT REGARD TO 
                   BACKGROUND MUSIC.

       Section 301(20) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431(20)), as added by section 201(b), is 
     amended by adding at the end the following new subparagraph:
       ``(C) Background music.--In determining whether any 
     communication by television or radio broadcast constitutes 
     express advocacy for purposes of this Act, there shall not be 
     taken into account any background music not including lyrics 
     used in such broadcast.''.

     SEC. 203. CIVIL PENALTY.

       Section 309 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 437g) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(A)--
       (1) in clause (i), by striking ``clause (ii)'' and 
     inserting ``clauses (ii) and (iii)''; and
       (ii) by adding at the end the following:
       ``(iii) If the Commission determines by an affirmative vote 
     of 4 of its members that there is probable cause to believe 
     that a person has made a knowing and willful violation of 
     section 304(c), the Commission shall not enter into a 
     conciliation agreement under this paragraph and may institute 
     a civil action for relief under paragraph (6)(A).''; and
       (B) in paragraph (6)(B), by inserting ``(except an action 
     instituted in connection with a knowing and willful violation 
     of section 304(c))' after `subparagraph (A)''; and
       (2) in subsection (d)(1)--
       (A) in subparagraph (A), by striking ``Any person'' and 
     inserting ``Except as provided in subparagraph (D), any 
     person''; and
       (B) by adding at the end the following.--
       ``(D) In the case of a knowing and willful violation of 
     section 304(c) that involves the reporting of an independent 
     expenditure, the violation shall not be subject to this 
     subsection.''.

     SEC. 204. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT 
                   EXPENDITURES.

       Section 304 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 434) is amended--
       (1) in subsection (c)(2), by striking the undesignated 
     matter after subparagraph (C);
       (2) by redesignating paragraph (3) of subsection (c) as 
     subsection (f); and
       (3) by inserting after subsection (c)(2) (as amended by 
     paragraph (1)) the following.--
       ``(d) Time for Reporting Certain Expenditures.--
       ``(1) Expenditures aggregating $1,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $1,000 or more after the 20th day, 
     but more than 24 hours, before the date of an election shall 
     file a report describing the expenditures within 24 hours 
     after that amount of independent expenditures has been made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the

[[Page S13452]]

     person shall file an additional report within 24 hours after 
     each time the person makes or contracts to make independent 
     expenditures aggregating an additional $1,000 with respect to 
     the same election as that to which the initial report 
     relates.
       ``(2) Expenditures aggregating $10,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $10,000 or more at any time up to 
     and including the 20th day before the date of an election 
     shall file a report describing the expenditures within 48 
     hours after that amount of independent expenditures has been 
     made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 48 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $10,000 with respect to the same election as that 
     to which the initial report relates.
       ``(3) Place of filing; contents.--A report under this 
     subsection--
       ``(A) shall be filed with the Commission; and
       ``(B) shall contain the information required by subsection 
     (b)(6)(B)(iii), including the name of each candidate whom an 
     expenditure is intended to support or oppose.''.

     SEC. 205. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY 
                   PARTY.

       Section 315(d) of the Federal Election Campaign Act (2 
     U.S.C. 441a(d)) is amended--
       (1) in paragraph (1), by striking ``and (3)'' and 
     inserting, ``(3), and (4)''; and
       (2) by adding at the end the following:
       ``(4) Independent versus coordinated expenditures by 
     party.--
       ``(A) In general.--On or after the date on which a 
     political party nominates a candidate, a committee of the 
     political party shall not make both expenditures under this 
     subsection and independent expenditures (as defined in 
     section 301(17)) with respect to the candidate during the 
     election cycle.
       ``(B) Certification.--Before making a coordinated 
     expenditure under this subsection with respect to a 
     candidate, a committee of a political party shall file with 
     the Commission a certification, signed by the treasurer of 
     the committee, that the committee has not and shall not make 
     any independent expenditure with respect to the candidate 
     during the same election cycle.
       ``(C) Application.--For purposes of this paragraph, all 
     political committees established and maintained by a national 
     political party (including all congressional campaign 
     committees) and all political committees established and 
     maintained by a State political party (including any 
     subordinate committee of a State committee) shall be 
     considered to be a single political committee.
       ``(D) Transfers.--A committee of a political party that 
     submits a certification under subparagraph (B) with respect 
     to a candidate shall not, during an election cycle, transfer 
     any funds to, assign authority to make coordinated 
     expenditures under this subsection to, or receive a transfer 
     of funds from, a committee of the political party that has 
     made or intends to make an independent expenditure with 
     respect to the candidate.''.

     SEC. 206. COORDINATION WITH CANDIDATES.

       (a) Definition of Coordination With Candidates.--
       (1) Section 301(8).--Section 301(8) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``or'' at the end of clause (i);
       (ii) by striking the period at the end of clause (ii) and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(iii) coordinated activity (as defined in subparagraph 
     (C)).''; and
       (B) by adding at the end the following.--
       ``(C) ``Coordinated activity'' means anything of value 
     provided by a person in coordination with a candidate, an 
     agent of the candidate, or the political party of the 
     candidate or its agent for the purpose of influencing a 
     Federal election (regardless of whether the value being 
     provided is a communication that is express advocacy) in 
     which such candidate seeks nomination or election to Federal 
     office, and includes any of the following.--
       ``(i) A payment made by a person in cooperation, 
     consultation, or concert with, at the request or suggestion 
     of, or pursuant to any general or particular understanding 
     with a candidate, the candidate's authorized committee, the 
     political party of the candidate, or an agent acting on 
     behalf of a candidate, authorized committee, or the 
     political party of the candidate.
       ``(ii) A payment made by a person for the production, 
     dissemination, distribution, or republication, in whole or in 
     part, of any broadcast or any written graphic, or other form 
     of campaign material prepared by a candidate, a candidate's 
     authorized committee, or an agent of a candidate or 
     authorized committee (not including a communication described 
     in paragraph (9)(B)(i) or a communication that expressly 
     advocates the candidate's defeat).
       ``(iii) A payment made by a person based on information 
     about a candidate's plans, projects, or needs provided to the 
     person making the payment by the candidate or the candidate's 
     agent who provides the information with the intent that the 
     payment be made.
       ``(iv) A payment made by a person if, in the same election 
     cycle in which the payment is made, the person making the 
     payment is serving or has served as a member, employee, 
     fundraiser, or agent of the candidate's authorized committee 
     in an executive or policymaking position.
       ``(v) A payment made by a person if the person making the 
     payment has served in any formal policy making or advisory 
     position with the candidate's campaign or has participated in 
     formal strategic or formal policymaking discussions (other 
     than any discussion treated as a lobbying contact under the 
     Lobbying Disclosure Act of 1995 in the case of a candidate 
     holding Federal office or as a similar lobbying activity in 
     the case of a candidate holding State or other elective 
     office) with the candidate's campaign relating to the 
     candidate's pursuit of nomination for election, or election, 
     to Federal office, in the same election cycle as the election 
     cycle in which the payment is made.
       ``(vi) A payment made by a person if, in the same election 
     cycle, the person making the payment retains the professional 
     services of any person that has provided or is providing 
     campaign-related services in the same election cycle to a 
     candidate (including services provided through a political 
     committee of the candidate's political party) in connection 
     with the candidate's pursuit of nomination for election, or 
     election, to Federal office, including services relating to 
     the candidate's decision to seek Federal office, and the 
     person retained is retained to work on activities relating to 
     that candidate's campaign.
       ``(vii) A payment made by a person who has directly 
     participated in fundraising activities with the candidate or 
     in the solicitation or receipt of contributions on behalf of 
     the candidate.
       ``(viii) A payment made by a person who has communicated 
     with the candidate or an agent of the candidate (including a 
     communication through a political committee of the 
     candidate's political party) after the declaration of 
     candidacy (including a pollster, media consultant, vendor, 
     advisor, or staff member acting on behalf of the candidate), 
     about advertising message, allocation of resource, 
     fundraising, or other campaign matters related to the 
     candidate's campaign, including campaign operations, 
     staffing, tactics, or strategy.
       ``(ix) The provision of in-kind professional services or 
     polling data (including services or data provided through a 
     political committee of the candidate's political party) to 
     the candidate or candidate's agent.
       ``(x) A payment made by a person who has engaged in a 
     coordinated activity with a candidate described in clauses 
     (i) through (ix) for a communication that clearly refers to 
     the candidate or the candidate's opponent and is for the 
     purpose of influencing that candidate's election (regardless 
     of whether the communication is express advocacy).
       ``(D) For purposes of subparagraph (C), the term 
     `professional services' means polling, media advice, 
     fundraising, campaign research or direct mail (except for 
     mailhouse services solely for the distribution of voter 
     guides as defined in section 431(20)(B)) services in support 
     of a candidate's pursuit of nomination for election, or 
     election, to Federal office.
       ``(E) For purposes of subparagraph (C), all political 
     committees established and maintained by a national political 
     party (including all congressional campaign committees) and 
     all political committees established and maintained by a 
     State political party (including any subordinate committee of 
     a State committee) shall be considered to be a single 
     political committee.''.
       (2) Section 315(a)(7).--Section 315(a)(7) (2 U.S.C. 
     441a(a)(7)) is amended by striking subparagraph (B) and 
     inserting the following--
       ``(B) a coordinated activity, as described in section 
     301(8)(C), shall be considered to be a contribution to the 
     candidate, and in the case of a limitation on expenditures, 
     shall be treated as an expenditure by the candidate.
       ``(b) Meaning of Contribution or Expenditure for the 
     Purposes of Section 316.--Section 316(b)(2) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended 
     by striking shall include' and inserting `includes a 
     contribution or expenditure, as those terms are defined in 
     section 301, and also includes' ''.

                         TITLE III--DISCLOSURE

     SEC. 301. FILING OF REPORTS USING COMPUTERS AND FACSIMILE 
                   MACHINES.

       Section 304(a) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 434(a)) is amended by striking paragraph (11) and 
     inserting the following--
       ``(11)(A) The Commission shall promulgate a regulation 
     under which a person required to file a designation, 
     statement, or report under this Act--
       ``(i) is required to maintain and file a designation, 
     statement, or report for any calendar year in electronic form 
     accessible by computers if the person has, or has reason to 
     expect to have, aggregate contributions or expenditures in 
     excess of a threshold amount determined by the Commission; 
     and
       ``(ii) may maintain and file a designation, statement, or 
     report in electronic form or an alternative form, including 
     the use of a facsimile machine, if not required to do so 
     under the regulation promulgated under clause (i).
       ``(B) The Commission shall make a designation, statement, 
     report, or notification that is filed electronically with the 
     Commission accessible to the public on the Internet not later 
     than 24 hours after the designation, statement, report, or 
     notification is received by the Commission.

[[Page S13453]]

       ``(C) In promulgating a regulation under this paragraph, 
     the Commission shall provide methods (other than requiring a 
     signature on the document being filed) for verifying 
     designations, statements, and reports covered by the 
     regulation. Any document verified under any of the methods 
     shall be treated for all purposes (including penalties for 
     perjury) in the same manner as a document verified by 
     signature.''.

     SEC. 302. PROHIBITION OF DEPOSIT OF CONTRIBUTIONS WITH 
                   INCOMPLETE CONTRIBUTOR INFORMATION.

       Section 302 of Federal Election Campaign Act of 1971 (2 
     U.S.C. 432) is amended by adding at the end the following:
       ``(j) Deposit of Contributions.--The treasurer of a 
     candidate's authorized committee shall not deposit, except in 
     an escrow account, or otherwise negotiate a contribution from 
     a person who makes an aggregate amount of contributions in 
     excess of $200 during a calendar year unless the treasurer 
     verifies that the information required by this section with 
     respect to the contributor is complete.'.

     SEC. 303. AUDITS.

       (a) Random Audits.--Section 311(b) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 438(b)) is amended--
       (1) by inserting ``(1) In general.--'' before ``The 
     Commission'';
       (2) by moving the text 2 ems to the right; and
       (3) by adding at the end the following:
       ``(2) Random audits.--
       ``(A) In general.--Notwithstanding paragraph (1), the 
     Commission may conduct random audits and investigations to 
     ensure voluntary compliance with this Act. The selection of 
     any candidate for a random audit or investigation shall be 
     based on criteria adopted by a vote of at least four members 
     of the Commission.
       ``(B) Limitation.--The Commission shall not conduct an 
     audit or investigation of a candidate's authorized committee 
     under subparagraph (A) until the candidate is no longer a 
     candidate for the office sought by the candidate in an 
     election cycle.
       ``(C) Applicability.--This paragraph does not apply to an 
     authorized committee of a candidate for President or Vice 
     President subject to audit under section 9007 or 9038 of the 
     Internal Revenue Code of 1986.''.
       (b) Extension of Period During Which Campaign Audits May Be 
     Begun.--Section 311(b) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 438(b)) is amended by striking `6 months' 
     and inserting ``12 months''.

     SEC. 304. REPORTING REQUIREMENTS FOR CONTRIBUTIONS OF $50 OR 
                   MORE

       Section 304(b)(3)(A) of the Federal Election Campaign Act 
     at 1971 (2 U.S.C. 434(b)(3)(A) is amended--
       (1) by striking ``$200'' and inserting ``$50''; and
       (2) by striking the semicolon and inserting ``, except that 
     in the case of a person who makes contributions aggregating 
     at least $50 but not more than $200 during the calendar year, 
     the identification need include only the name and address of 
     the person;''.

     SEC. 305. USE OF CANDIDATES' NAMES.

       Section 302(e) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 432(e)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4)(A) The name of each authorized committee shall 
     include the name of the candidate who authorized the 
     committee under paragraph (1).
       ``(B) A political committee that is not an authorized 
     committee shall not--
       ``(i) include the name of any candidate in its name; or
       ``(ii) except in the case of a national, State, or local 
     party committee, use the name of any candidate in any 
     activity on behalf of the committee in such a context as to 
     suggest that the committee is an authorized committee of the 
     candidate or that the use of the candidate's name has been 
     authorized by the candidate.''.

     SEC. 306. PROHIBITION OF FALSE REPRESENTATION TO SOLICIT 
                   CONTRIBUTIONS.

       Section 322 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441h) is amended--
       (1) by inserting after ``Sec. 322.'' the following: ``(a) 
     In General:''; and
       (2) by adding at the end the following:
       ``(b) Solicitation of Contributions.--No person shall 
     solicit contributions by falsely representing himself or 
     herself as a candidate or as a representative of a candidate, 
     a political committee, or a political party.''.

     SEC. 307. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 
     103(c) and section 204) is amended by adding at the end the 
     following:
       ``(g) Disbursements of Persons Other Than Political 
     Parties.--
       ``(1) In general.--A person, other than a political 
     committee of a political party or a person described in 
     section 501(d) of the Internal Revenue Code of 1986, that 
     makes an aggregate amount of disbursements in excess of 
     $50,000 during a calendar year for activities described in 
     paragraph (2) shall file a statement with the Commission--
       ``(A) on a monthly basis as described in subsection 
     (a)(4)(B); or
       ``(B) in the case of disbursements that are made within 20 
     days of an election, within 24 hours after the disbursement 
     are made.
       ``(2) Activity.--The activity described in this paragraph 
     is--
       ``(A) Federal election activity;
       ``(B) an activity described in section 316(b)(2)(A) that 
     expresses support for or opposition to a candidate for 
     Federal office or a political party; and
       ``(C) an activity described in subparagraph (B) or (C) of 
     section 316(b)(2).
       ``(3) Applicability.--This subsection does not apply to--
       ``(A) a candidate or a candidate's authorized committees; 
     or
       ``(B) an independent expenditure.
       ``(4) Contents.--A statement under this section shall 
     contain such information about the disbursements made during 
     the reporting period as the Commission shall prescribe, 
     including--
       ``(A) the aggregate amount of disbursements made;
       ``(B) the name and address of the person or entity to whom 
     a disbursement is made in an aggregate amount in excess of 
     $200;
       ``(C) the date made, amount, and purpose of the 
     disbursement; and
       ``(D) if applicable, whether the disbursement was in 
     support of, or in opposition to, a candidate or a political 
     party, and the name of the candidate or the political 
     party.''.
       (b) Definition of Generic Campaign Activity.--Section 301 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et 
     seq.) (as amended by section 201(b)) is further amended by 
     adding at the end the following:
       ``(21) Generic campaign activity.--The term `generic 
     campaign activity' means an activity that promotes a 
     political party and does not promote a candidate or non-
     Federal candidate.''

     SEC. 308. CAMPAIGN ADVERTISING.

       Section 318 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441d) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Whenever'' and inserting ``Whenever a 
     political committee makes a disbursement for the purpose of 
     financing any communication through any broadcasting station, 
     newspaper, magazine, outdoor advertising facility, mailing, 
     or any other type of general public political advertising, or 
     whenever'';
       (ii) by striking ``an expenditure'' and inserting ``a 
     disbursement''; and
       (iii) by striking ``direct''; and
       (B) in paragraph (3), by inserting ``and permanent street 
     address'' and ``name''; and
       (2) by adding at the end the following:
       ``(c) Any printed communication described in subsection (a) 
     shall--
       ``(1) be of sufficient type size to be clearly readable by 
     the recipient of the communication;
       ``(2) be contained in a printed box set apart from the 
     other contents of the communication; and
       ``(3) be printed with a reasonable degree of color contrast 
     between the background and the printed statement.
       ``(d)(1) Any communication described in paragraphs (1) or 
     (2) of subsection (a) which is transmitted through radio or 
     television shall include, in addition to the requirements of 
     that paragraph, an audio statement by the candidate that 
     identifies the candidate and states that the candidate has 
     approved the communication.
       ``(2) If a communication described in paragraph (1) is 
     transmitted through television, the communication shall 
     include, in addition to the audio statement under paragraph 
     (1), a written statement that--
       ``(A) appears at the end of the communication in a clearly 
     readable manner with a reasonable degree of color contrast 
     between the background and the printed statement, for a 
     period of at least 4 seconds; and
       ``(B) is accompanied by a clearly identifiable photographic 
     or similar image of the candidate.
       ``(e) Any communication described in paragraph (3) of 
     subsection (a) which is transmitted through radio or 
     television shall include, in addition to the requirements of 
     that paragraph, in a clearly spoken manner, the following 
     statement: `XXXXXXX is responsible for the content of this 
     advertisement.' (with the blank to be filled in with the name 
     of the political committee or other person paying for the 
     communication and the name of any connected organization of 
     the payor). If transmitted through television, the statement 
     shall also appear in a clearly readable manner with a 
     reasonable degree of color contrast between the background 
     and the printed statement, for a period of at least 4 
     seconds.''

                    TITLE IV--PERSONAL WEALTH OPTION

     SEC. 401. VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by section 101, is further 
     amended by adding at the end the following new section:

              ``VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT

       Sec. 324. (a) Eligible Congressional Candidate.--
       (1) Primary election.--
       ``(A) Declaration.--A candidate for election for Senator or 
     Representative in or Delegate or Resident Commissioner to the 
     Congress is an eligible primary election Congressional 
     candidate if the candidate files with the Commission a 
     declaration that the candidate and the candidate's authorized 
     committees will not make expenditures in excess of the 
     personal funds expenditure limit.
       ``(B) Time to file.--The declaration under subparagraph (A) 
     shall be filed not later than the date on which the candidate 
     files with the appropriate State officer as a candidate for 
     the primary election.

[[Page S13454]]

       ``(2) General election.--
       ``(A) Declaration.--A candidate for election for Senator or 
     Representative in or Delegate or Resident Commissioner to the 
     Congress is an eligible general election Congressional 
     candidate if the candidate files with the Commission--
       ``(i) a declaration under penalty of perjury, with 
     supporting documentation as required by the Commission, that 
     the candidate and the candidate's authorized committees did 
     not exceed the personal funds expenditure limit in connection 
     with the primary election; and
       ``(ii) a declaration that the candidate and the candidate's 
     authorized committees will not make expenditures in excess of 
     the personal funds expenditure limit.
       ``(B) Time to file.--The declaration under subparagraph (A) 
     shall be filed not later than 7 days after the earlier of--
       ``(i) the date on which the candidate qualifies for the 
     general election ballot under State law; or
       ``(ii) if under State law, a primary or run-off election to 
     qualify for the general ballot occurs after September 1, the 
     date on which the candidate wins the primary or runoff 
     election.
       ``(b) Personal Funds Expenditure Limit.--
       ``(1) In general.--The aggregate amount of expenditures 
     that may be made in connection with an election by an 
     eligible Congressional candidate or the candidate's 
     authorized committees from the sources described in paragraph 
     (2) shall not exceed $50,000.
       ``(2) Sources.--A source is described in this paragraph if 
     the source is--
       ``(A) personal funds of the candidate and members of the 
     candidate's immediate family; or
       ``(B) proceeds of indebtedness incurred by the candidate or 
     a member of the candidate's immediate family.
       ``(C) Certification by the Commission.--
       ``(1) In general.--The Commission shall determine whether a 
     candidate has met the requirements of this section and, based 
     on the determination, issue a certification stating whether 
     the candidate is an eligible Congressional candidate.
       ``(2) Time for certification.--Not later than 7 business 
     days after a candidate files a declaration under paragraph 
     (1) or (2) of subsection (a), the Commission shall certify 
     whether the candidate is an eligible Congressional candidate.
       ``(3) Revocation.--The Commission shall revoke a 
     certification under paragraph (1), based on information 
     submitted in such form and manner as the Commission may 
     require or on information that comes to the Commission by 
     other means, if the Commission determines that a candidate 
     violates the personal funds expenditure limit.
       ``(4) Determinations by commission.--A determination made 
     by the Commission under this subsection shall be final, 
     except to the extent that the determination is subject to 
     examination and audit by the Commission and to judicial 
     review.
       ``(d) Penalty.--If the Commission revokes the certification 
     of an eligible Congressional candidate--
       ``(1) the Commission shall notify the candidate of the 
     revocation; and
       ``(2) the candidate and a candidate's authorized committees 
     shall pay to the Commission an amount equal to the amount of 
     expenditures made by a national committee of a political 
     party or a State committee of a political party in connection 
     with the general election campaign of the candidate under 
     section 315(d).''.

     SEC. 402. POLITICAL PARTY COMMITTEE COORDINATED EXPENDITURES.

       Section 315(d) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 441a(d)) (as amended by section 204) is amended by 
     adding at the end the following:
       ``(5) This subsection does not apply to expenditures made 
     in connection with the general election campaign of a 
     candidate for Senator or Representative in or Delegate or 
     Resident Commissioner to the Congress who is not an eligible 
     Congressional candidate (as defined in section 324(a)).''.

                         TITLE V--MISCELLANEOUS

     SEC. 501 CODIFICATION OF BECK DECISION.

       Section 8 of the National Labor Relations Act (29 U.S.C. 
     158) is amended by adding at the end the following new 
     subsection:
       ``(h) Nonunion Member Payments to Labor Organization.--
       ``(1) In general.--It shall be an unfair labor practice for 
     any labor organization which receives a payment from an 
     employee pursuant to an agreement that requires employees who 
     are not members of the organization to make payments to such 
     organization in lieu of organization dues or fees not to 
     establish and implement the objection procedure described in 
     paragraph (2).
       ``(2) Objection procedure:--The objection procedure 
     required under paragraph (1) shall meet the following 
     requirements:
       ``(A) The labor organization shall annually provide to 
     employees who are covered by such agreement but are not 
     members of the organization--
       ``(i) reasonable personal notice of the objection 
     procedure, a list of the employees eligible to invoke the 
     procedure, and the time, place, and manner for filing an 
     objection; and
       ``(ii) reasonable opportunity to file an objection to 
     paying for organization expenditures supporting political 
     activities unrelated to collective bargaining, including but 
     not limited to the opportunity to file such objection by 
     mail.
       ``(B) If an employee who is not a member of the labor 
     organization files an objection under the procedure in 
     subparagraph (A), such organization shall--
       ``(i) reduce the payments in lieu of organization dues or 
     fees by such employee by an amount which reasonably reflects 
     the ratio that the organization's expenditures supporting 
     political activities unrelated to collective bargaining bears 
     to such organization's total expenditures; and
       ``(ii) provide such employee with a reasonable explanation 
     of the organization's calculation of such reduction, 
     including calculating the amount of organization expenditures 
     supporting political activities unrelated to collective 
     bargaining.
       ``(3) Definition.--In this subsection, the term 
     `expenditures supporting political activities unrelated to 
     collective bargaining' means expenditures in connection with 
     a Federal, State, or local election or in connection with 
     efforts to influence legislation unrelated to collective 
     bargaining.''.

     SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.) is amended by striking section 313 and 
     inserting the following:


           ``USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES

       ``Sec. 313. (a) Permitted Uses.--A contribution accepted by 
     a candidate, and any other amount received by an individual 
     as support for activities of the individual as a holder of 
     Federal office, may be used by the candidate or individual--
       ``(1) for expenditures in connection with the campaign for 
     Federal office of the candidate or individual;
       ``(2) for ordinary and necessary expenses incurred in 
     connection with duties of the individual as a holder of 
     Federal office;
       ``(3) for contributions to an organization described in 
     section 170(c) of the Internal Revenue Code of 1986; or
       ``(4) for transfers to a national, State, or local 
     committee of a political party.
       ``(b) Prohibited Use.--
       ``(1) In general.--A contribution or amount described in 
     subsection (a) shall not be converted by any person to 
     personal use.
       ``(2) Conversion.--For the purposes of paragraph (1), a 
     contribution or amount shall be considered to be converted to 
     personal use if the contribution or amount is used to fulfill 
     any commitment, obligation, or expense of a person that would 
     exist irrespective of the candidate's election campaign or 
     individual's duties as a holder of Federal officeholder, 
     including--
       ``(A) a home mortgage, rent, or utility payment;
       ``(B) a clothing purchase;
       ``(C) a noncampaign-related automobile expense;
       ``(D) a country club membership;
       ``(E) a vacation or other noncampaign-related trip;
       ``(F) a household food item;
       ``(G) a tuition payment;
       ``(H) admission to a sporting event, concert, theater, or 
     other form of entertainment not associated with an election 
     campaign; and
       ``(I) dues, fees, and other payments to a health club or 
     recreational facility.''.

     SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE FRANKING 
                   PRIVILEGE.

       Section 3210(a)(6) of title 39, United States Code, is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) A Member of Congress shall not mail any mass mailing 
     as franked mail during the 180-day period which ends on the 
     date of the general election for the office held by the 
     Member or during the 90-day period which ends on the date of 
     any primary election for that office, unless the Member has 
     made a public announcement that the Member will not be a 
     candidate for reelection during that year or for election to 
     any other Federal office.''.

     SEC. 504. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.

       Section 607 of title 18, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Prohibition.--
       ``(1) In general.--It shall be unlawful for any person to 
     solicit or receive a donation of money or other thing of 
     value in connection with a Federal, State, or local election 
     from a person who is located in a room or building occupied 
     in the discharge of official duties by an officer or employee 
     of the United States. An individual who is an officer or 
     employee of the Federal Government, including the President, 
     Vice President, and Members of Congress, shall not solicit a 
     donation of money or other thing of value in connection with 
     a Federal, State, or local election while in any room or 
     building occupied in the discharge of official duties by an 
     officer or employee of the United States, from any person.
       ``(2) Penalty.--A person who violates this section shall be 
     fined not more than $5,000, imprisoned more than 3 years, or 
     both.''; and
       (2) in subsection (b), by inserting ``or Executive Office 
     of the President'' after ``Congress''.

     SEC. 505. PENALTIES FOR VIOLATIONS.

       (a) Increased Penalties.--Section 309(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended--
       (1) in paragraphs (5)(A), (6)(A), and (6)(B), by striking 
     ``$5,000'' and inserting ``$10,000''; and

[[Page S13455]]

       (2) in paragraphs (5)(B) and (6)(C), by striking ``$10,000 
     or an amount equal to 200 percent'' and inserting ``$20,000 
     or an amount equal to 300 percent''.
       (b) Equitable Remedies.--Section 309(a)(5)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) 
     is amended by striking the period at the end and inserting 
     ``, and may include equitable remedies or penalties, 
     including disgorgement of funds to the Treasury or community 
     service requirements (including requirements to participate 
     in public education programs).''.
       (c) Automatic Penalty for Late Filing.--Section 309(a) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) 
     is amended--
       (1) by adding at the end the following:
       ``(13) Penalty for late filing.--
       ``(A) In general.--
       ``(i) Monetary penalties.--The Commission shall establish a 
     schedule of mandatory monetary penalties that shall be 
     imposed by the Commission for failure to meet a time 
     requirement for filing under section 304.
       ``(ii) Required filing.--In addition to imposing a penalty, 
     the Commission may require a report that has not been filed 
     within the time requirements of section 304 to be filed by 
     specific date.
       ``(iii) Procedure.--A penalty or filing requirement imposed 
     under this paragraph shall not be subject to paragraph (1), 
     (2), (3), (4), (5), or (12).
       ``(B) Filing an exception.--
       ``(i) Time to file.--A political committee shall have 30 
     days after the imposition of a penalty or filing requirement 
     by the Commission under this paragraph in which to file an 
     exception with the Commission.
       ``(ii) Time for commission to rule.--Within 30 days after 
     receiving an exception, the Commission shall make a 
     determination that is a final agency action subject to 
     exclusive review by the United States Court of Appeals for 
     the District of Columbia Circuit under section 706 of title 
     5, United States Code, upon petition filed in that court by 
     the political committee or treasurer that is the subject of 
     the agency action, if the petition is filed within 30 days 
     after the date of the Commission action for which review is 
     sought.'';
       (2) in paragraph (5)(D)--
       (A) by inserting after the first sentence the following: 
     ``In any case in which a penalty or filing requirement 
     imposed on a political committee or treasurer under paragraph 
     (13) has not been satisfied, the Commission may institute a 
     civil action for enforcement under paragraph (6)(A).''; and
       (B) by inserting before the period at the end of the last 
     sentence the following: ``or has failed to pay a penalty or 
     meet a filing requirement imposed under paragraph (13)''; and
       (3) in paragraph (6)(A), by striking ``paragraph (4)(A)'' 
     and inserting ``paragraph (4)(A) or (13)''.

     SEC. 506. STRENGTHENING FOREIGN MONEY BAN.

       (a) In General.--Section 319 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441e) is amended--
       (1) by striking the heading and inserting the following: 
     ``contributions and donations by foreign nationals''; and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Prohibition.--It shall be unlawful for--
       ``(1) a foreign national, directly or indirectly, to make--
       ``(A) a donation of money or other thing of value, or to 
     promise expressly or impliedly to make a donation, in 
     connection with a Federal, State, or local election; or
       ``(B) a contribution or donation to a committee of a 
     political party; or
       ``(2) a person to solicit, accept, or receive such a 
     contribution or donation from a foreign national.''.
       (b) Prohibiting Use of Willful Blindness as Defense Against 
     Charge of Violating Foreign Contribution Ban.--
       (1) In general.--Section 319 of such Act (2 U.S.C. 441(e) 
     is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection.--
       ``(b) Prohibiting Use of Willful Blindness Defense.--It 
     shall not be a defense to a violation of subsection (a) that 
     the defendant did not know that the contribution originated 
     from a foreign national if the defendant should have known 
     that the contribution originated from a foreign national, 
     except that the trier of fact may not find that the defendant 
     should have known that the contribution originated from a 
     foreign national solely because of the name of the 
     contributor.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply with respect to violations occurring on or after 
     the date of the enactment of this Act.

     SEC. 507. PROHIBITION OF CONTRIBUTIONS BY MINORS.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by sections 101 and 401, is 
     further amended by adding at the end the following new 
     section.--


                ``PROHIBITION OF CONTRIBUTIONS BY MINORS

       ``Sec. 325. An individual who is 17 years old or younger 
     shall not make a contribution to a candidate or a 
     contribution or donation to a committee of a political 
     party.''.

     SEC. 508. EXPEDITED PROCEDURES.

       (a) In General.--Section 309(a) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437g(a)) (as amended by 
     section 505(c)) is amended by adding at the end the 
     following.--
       ``(14)(A) If the complaint in a proceeding was filed within 
     60 days preceding the date of a general election, the 
     Commission may take action described in this subparagraph.
       ``(B) If the Commission determines, on the basis of facts 
     alleged in the complaint and other facts available to the 
     Commission, that there is clear and convincing evidence that 
     a violation of this Act has occurred, is occurring, or is 
     about to occur, the Commission may order expedited 
     proceedings, shortening the time periods for proceedings 
     under paragraphs (1), (2), (3), and (4) as necessary to allow 
     the matter to be resolved in sufficient time before the 
     election to avoid harm or prejudice to the interests of the 
     parties.
       ``(C) If the Commission determines, on the basis of facts 
     alleged in the complaint and other facts available to the 
     Commission, that the complaint is clearly without merit, the 
     Commission may--
       ``(i) order expedited proceedings, shortening the time 
     periods for proceedings under paragraphs (1), (2), (3), and 
     (4) as necessary to allow the matter to be resolved in 
     sufficient time before the election to avoid harm or 
     prejudice to the interests of the parties; or
       ``(ii) if the Commission determines that there is 
     insufficient time to conduct proceedings before the election, 
     summarily dismiss the complaint.''.
       (b) Referral to Attorney General.--Section 309(a)(5) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) 
     is amended by striking subparagraph (C) and inserting the 
     following.--
       ``(C) The Commission may at any time, by an affirmative 
     vote of at least 4 of its members, refer a possible violation 
     of this Act or chapter 95 or 96 of the Internal Revenue Code 
     of 1986, to the Attorney General of the United States, 
     without regard to any limitation set forth in this 
     section.''.

     SEC. 509. INITIATION OF ENFORCEMENT PROCEEDING.

       Section 309(a)(2) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 437g(a)(2)) is amended by striking ``reason to 
     believe that'' and inserting ``reason to investigate 
     whether''.

     SEC. 510. PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS 
                   IN CAMPAIGNS AND ELECTIONS.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by sections 101, 401, and 
     507, is further amended by adding at the end the following 
     new section.--


 ``PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS IN CAMPAIGNS AND 
                               ELECTIONS

       ``Sec. 326. (a) In General.--Nothing in this Act may be 
     construed to prohibit any individual eligible to vote in an 
     election for Federal office from making contributions or 
     expenditures in support of a candidate for such an election 
     (including voluntary contributions or expenditures made 
     through a separate segregated fund established by the 
     individual's employer or labor organization) or otherwise 
     participating in any campaign for such an election in the 
     same manner and to the same extent as any other individual 
     eligible to vote in an election for such office.
       ``(b) No Effect on Geographic Restrictions on 
     Contributions.--Subsection (a) may not be construed to affect 
     any restriction under this title regarding the portion of 
     contributions accepted by a candidate from persons residing 
     in a particular geographic area.''.

     SEC. 511. PENALTY FOR VIOLATION OF PROHIBITION AGAINST 
                   FOREIGN CONTRIBUTIONS.

       (a) In General.--Section 319 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441e), as amended by section 
     506(b), is further amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Penalty.--
       ``(1) In general.--Except as provided in paragraph (2), 
     notwithstanding any other provision of this title any person 
     who violates subsection (a) shall be sentenced to a term of 
     imprisonment which may not be more than 10 years, fined in an 
     amount not to exceed $1,000,000, or both.
       ``(2) Exception.--Paragraph (1) shall not apply with 
     respect to any violation of subsection (a) arising from a 
     contribution or donation made by an individual who is 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(22) of the Immigration and Nationality 
     Act).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to violations occurring on or after 
     the date of the enactment of this Act.

     SEC. 512. EXPEDITED COURT REVIEW OF CERTAIN ALLEGED 
                   VIOLATIONS OF FEDERAL ELECTION CAMPAIGN ACT OF 
                   1971.

       (a) In General.--Section 309 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437g) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Notwithstanding any other provision of this section, 
     if a candidate (or the candidate's authorized committee) 
     believes that a violation described in paragraph (2) has been 
     committed with respect to an election

[[Page S13456]]

     during the 90-day period preceding the date of the election, 
     the candidate or committee may institute a civil action on 
     behalf of the Commission for relief (including injunctive 
     relief) against the alleged violator in the same manner and 
     under the same terms and conditions as an action instituted 
     by the Commission under subsection (a)(6), except that the 
     court involved shall issue a decision regarding the action as 
     soon as practicable after the action is instituted and to the 
     greatest extent possible issue the decision prior to the date 
     of the election involved.
       ``(2) A violation described in this paragraph is a 
     violation of this Act or of chapter 95 or chapter 96 of the 
     Internal Revenue Code of 1986 relating to--
       ``(A) whether a contribution is in excess of an applicable 
     limit or is otherwise prohibited under this Act; or
       ``(B) whether an expenditure is an independent expenditure 
     under section 301(17).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring after the 
     date of the enactment of this Act.

     SEC. 513. CONSPIRACY TO VIOLATE PRESIDENTIAL CAMPAIGN 
                   SPENDING LIMITS.

       (a) In General.--Section 9003 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9003) is amended by adding at the end the 
     following new subsection:
       ``(g) Prohibiting Conspiracy To Violate Limit.--
       ``(1) Violation of limits described.--If a candidate for 
     election to the office of President or Vice President who 
     receives amounts from the Presidential Election Campaign Fund 
     under chapter 95 or 96 of the Internal Revenue Code of 1986, 
     or the agent of such a candidate, seeks to avoid the spending 
     limits applicable to the candidate under such chapter or 
     under the Federal Election Campaign Act of 1971 by 
     soliciting, receiving, transferring, or directing funds from 
     any source other than such Fund for the direct or indirect 
     benefit of such candidate's campaign, such candidate or agent 
     shall be fined not more than $1,000,000, or imprisoned for a 
     term of no more than 3 years, or both.
       ``(2) Conspiracy to violate limits defined.--If two or more 
     persons conspire to violate paragraph (1), and one or more of 
     such persons do any act to effect the object of the 
     conspiracy, each shall be fined not more than $1,000,000, or 
     imprisoned for a term of not more than 3 years, or both.''.
       Effective Date.--The amendment made by this section shall 
     apply with respect to elections occurring on or after the 
     date of the enactment of this Act.

     SEC. 514. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       ``(a) In General.--Title III of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by 
     sections 101, 401, 507, and 510, is further amended by adding 
     at the end the following new section:


 ``TREATMENT OF CERTAIN CONTRIBUTIONS AND DONATIONS TO BE RETURNED TO 
                                 DONORS

       ``Sec. 327. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, 320, or 325 (other than a 
     contribution or donation returned within 30 days of receipt 
     by the committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code, against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to investigate whether that the making of the 
     contribution or donation was made in violation of this Act; 
     or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''
       ``(b) Amounts Used To Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph.--
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 326, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''
       (c) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 326.''.
       ``(d) Effective Date.--The amendments made by subsections 
     (a) and (b) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     326 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

     SEC. 515. ESTABLISHMENT OF A CLEARINGHOUSE OF INFORMATION ON 
                   POLITICAL ACTIVITIES WITHIN THE FEDERAL 
                   ELECTION COMMISSION.

       (a) Establishment.--There shall be established within the 
     Federal Election Commission a clearinghouse of public 
     information regarding the political activities of foreign 
     principals and agents of foreign principals. The information 
     comprising this clearinghouse shall include only the 
     following:
       (1) All registrations and reports filed pursuant to the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) 
     during the preceding 5-year period.
       (2) All registrations and reports filed pursuant to the 
     Foreign Agents Registration Act, as amended (22 U.S.C. 611 et 
     seq.), during the preceding 5-year period.
       (3) The listings of public hearings, hearing witnesses, and 
     witness affiliations printed in the Congressional Record 
     during the preceding 5-year period.
       (4) Public information disclosed pursuant to the rules of 
     the Senate or the House of Representatives regarding 
     honoraria, the receipt of gifts, travel, and earned and 
     unearned income.
       (5) All reports filed pursuant to title I of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.) during the preceding 
     5-year period.
       (6) All public information filed with the Federal Election 
     Commission pursuant to the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431 et seq.) during the preceding 5-year 
     period.
       (b) Disclosure of Other Information Prohibited.--The 
     disclosure by the clearinghouse, or any officer or employee 
     thereof, of any information other than that set forth in 
     subsection (a) is prohibited, except as otherwise provided by 
     law.
       (c) Director of Clearinghouse.--
       (1) Duties.--The clearinghouse shall have a Director, who 
     shall administer and manage the responsibilities and all 
     activities of the clearinghouse. In carrying out such duties, 
     the Director shall--
       (A) develop a filing, coding, and cross-indexing system to 
     carry out the purposes of this section (which shall include 
     an index of all persons identified in the reports, 
     registrations, and other information comprising the 
     clearinghouse);
       (B) notwithstanding any other provision of law, make copies 
     of registrations, reports, and other information comprising 
     the clearinghouse available for public inspection and

[[Page S13457]]

     coping, beginning not later than 30 days after the 
     information is first available to the public, and permit 
     copying of any such registration, report, or other 
     information by hand or by copying machine or, at the request 
     of any person, furnish a copy of any such registration, 
     report, or other information upon payment of the cost of 
     making and furnishing such copy, except that no information 
     contained in such registration or report and no such other 
     information shall be sold or used by any person for the 
     purpose of soliciting contributions or for any profit-making 
     purpose; and
       (C) not later than 150 days after the date of the enactment 
     of this Act and at any time thereafter, to prescribe, in 
     consultation with the Comptroller General, such rules, 
     regulations, and forms, in conformity with the provisions of 
     chapter 5 of title 5, United States Code, as are necessary to 
     carry out the provisions of this section in the most 
     effective and efficient manner.
       (2) Appointment.--The Director shall be appointed by the 
     Federal Election Commission.
       (3) Term of service.--The Director shall serve a single 
     term of a period of time determined by the Commission, but 
     not to exceed 5 years.
       (d) Penalties for Disclosure of Information.--Any person 
     who discloses information in violation of subsection (b), and 
     any person who sells or uses information for the purpose of 
     soliciting contributions or for any profit-making purpose in 
     violation of subsection (c)(1)(B), shall be imprisoned for a 
     period of not more than 1 year, or fined in the amount 
     provided in title 18, United States Code, or both.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to conduct 
     the activities of the clearinghouse.
       (f) Foreign Principal.--In this section, the term ``foreign 
     principal'' shall have the same meaning given the term 
     ``foreign national'' under section 319 of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441e), as in effect 
     as of the date of the enactment of this Act.

     SEC. 516. ENFORCEMENT OF SPENDING LIMIT ON PRESIDENTIAL AND 
                   VICE PRESIDENTIAL CANDIDATES WHO RECEIVE PUBLIC 
                   FINANCING.

       (a) In General.--Section 9003 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9003) is amended by adding at the end the 
     following new subsection.--
       ``(f) Illegal Solicitation of Soft Money.--No candidate for 
     election to the office of President or Vice President may 
     receive amounts from the Presidential Election Campaign Fund 
     under this chapter or chapter 96 unless the candidate 
     certifies that the candidate shall not solicit any funds for 
     the purposes of influencing such election, including any 
     funds used for an independent expenditure under the Federal 
     Election Campaign Act of 1971, unless the funds are subject 
     to the limitations, prohibitions, and reporting requirements 
     of the Federal Election Campaign Act of 1971.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections occurring on or after 
     the date of the enactment of this Act.

     SEC. 517. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED 
                   STATES TO MAKE POLITICAL CONTRIBUTIONS.

       Section 319(d)(2) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 441e(d)(2)), as amended by sections 506(b) and 
     511(a), is further amended by inserting after ``United 
     States'' the following: ``or a national of the United States 
     (as defined in section 101(a)(22) of the Immigration and 
     Nationality Act)''.

      TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

     SEC. 601. ESTABLISHMENT AND PURPOSE OF COMMISSION.

       There is established a commission to be known as the 
     ``Independent Commission on Campaign Finance Reform'' 
     (referred to in this title as the ``Commission''). The 
     purposes of the Commission are to study the laws relating to 
     the financing of political activity and to report and 
     recommend legislation to reform those laws.

     SEC. 602. MEMBERSHIP OF COMMISSION.

       (a) Composition.--The Commission shall be composed of 12 
     members appointed within 15 days after the date of the 
     enactment of this Act by the President from among individuals 
     who are not incumbent Members of Congress and who are 
     specially qualified to serve on the Commission by reason of 
     education, training, or experience.
       (b) Appointment.--
       (1) In general.--Members shall be appointed as follows.--
       (A) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the Speaker of the House of Representatives.
       (B) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the majority leader of the Senate.
       (C) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the minority leader of the House of 
     Representatives.
       (D) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the minority leader of the Senate.
       (2) Failure to submit list of nominees.--If an official 
     described in any of the subparagraphs of paragraph (1) fails 
     to submit a list of nominees to the President during the 15-
     day period which begins on the date of the enactment of this 
     Act--
       (A) such subparagraph shall no longer apply; and
       (B) the President shall appoint three members (one of whom 
     shall be a political independent) who meet the requirements 
     described in subsection (a) and such other criteria as the 
     President may apply.
       (3) Political independent defined.--In this subsection, the 
     term ``political independent'' means an individual who at no 
     time after January 1992--
       (A) has held elective office as a member of the Democratic 
     or Republican party;
       (B) has received any wages or salary from the Democratic or 
     Republican party or from a Democratic or Republican party 
     office-holder or candidate; or
       (C) has provided substantial volunteer services or made any 
     substantial contribution to the Democratic or Republican 
     party or to a Democratic or Republican party office-holder or 
     candidate.
       (c) Chairman.--At the time of the appointment, the 
     President shall designate one member of the Commission as 
     Chairman of the Commission.
       (d) Terms.--The members of the Commission shall serve for 
     the life of the Commission.
       (e) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (f) Political Affiliation.--Not more than four members of 
     the Commission may be of the same political party.

     SEC. 603. POWERS OF COMMISSION.

       (a) Hearings.--The Commission may, for the purpose of 
     carrying out this title, hold hearings, sit and act at times 
     and places, take testimony, and receive evidence as the 
     Commission considers appropriate. In carrying out the 
     preceding sentence, the Commission shall ensure that a 
     substantial number of its meetings are open meetings, with 
     significant opportunities for testimony from members of the 
     general public.
       (b) Quorum.--Seven members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings. 
     The approval of at least nine members of the Commission is 
     required when approving all or a portion of the recommended 
     legislation. Any member of the Commission may, if authorized 
     by the Commission, take any action which the Commission is 
     authorized to take under this section.

     SEC. 604. ADMINISTRATIVE PROVISIONS.

       (a) Pay and Travel Expenses of Members.--(1) Each member of 
     the Commission shall be paid at a rate equal to the daily 
     equivalent of the annual rate of basic pay payable for level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day (including travel time) 
     during which the member is engaged in the actual performance 
     of duties vested in the Commission.
       (2) Members of the Commission shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (b) Staff Director.--The Commission shall, without regard 
     to section 5311(b) of title 5, United States Code, appoint a 
     staff director, who shall be paid at the rate of basic pay 
     payable for level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (c) Staff of Commission; Service.--
       (1) In general.--With the approval of the Commission, the 
     staff director of the Commission may appoint and fix the pay 
     of additional personnel. The Director may make such 
     appointments without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and any personnel so appointed may be paid without 
     regard to the provisions of chapter 51 and subchapter III of 
     chapter 53 of that title relating to classification and 
     General Schedule pay rates, except that an individual so 
     appointed may not receive pay in excess of the maximum annual 
     rate of basic pay payable for grade GS-15 of the General 
     Schedule under section 5332 of title 5, United States Code.
       (2) Experts and consultants.--The Commission may procure by 
     contract the temporary or intermittent services of experts or 
     consultants pursuant to section 3109 of title 5, United 
     States Code.

     SEC. 605. REPORT AND RECOMMENDED LEGISLATION.

       (a) Report.--Not later than the expiration of the 180-day 
     period which begins on the date on which the second session 
     of the One Hundred Sixth Congress adjourns sine die, the 
     Commission shall submit to the President, the Speaker and 
     minority leader of the House of Representatives, and the 
     majority and minority leaders of the Senate a report of the 
     activities of the Commission.
       (b) Recommendations; Draft of Legislation.--The report 
     under subsection (a) shall include any recommendations for 
     changes in the laws (including regulations) governing the 
     financing of political activity (taking into account the 
     provisions of this Act and the amendments made by this Act), 
     including any changes in the rules of the Senate or the House 
     of Representatives, to which nine or more members of the 
     Commission may agree, together with drafts of--
       (1) any legislation (including technical and conforming 
     provisions) recommended by the Commission to implement such 
     recommendations; and

[[Page S13458]]

       (2) any proposed amendment to the Constitution recommended 
     by the Commission as necessary to implement such 
     recommendations, except that if the Commission includes such 
     a proposed amendment in its report, it shall also include 
     recommendations (and drafts) for legislation which may be 
     implemented prior to the adoption of such proposed amendment.
       (c) Goals of Recommendations and Legislation.--In making 
     recommendations and preparing drafts of legislation under 
     this section, the Commission shall consider the following to 
     be its primary goals:
       (1) Encouraging fair and open Federal elections which 
     provide voters with meaningful information about candidates 
     and issues.
       (2) Eliminating the disproportionate influence of special 
     interest financing of Federal elections.
       (3) Creating a more equitable electoral system for 
     challengers and incumbents.

     SEC. 606. EXPEDITED CONGRESSIONAL CONSIDERATION OF 
                   LEGISLATION.

       (a) In General.--If any legislation is introduced the 
     substance of which implements a recommendation of the 
     Commission submitted under section 605(b) (including a joint 
     resolution proposing an amendment to the Constitution), 
     subject to subsection (b), the provisions of section 2908 
     (other than subsection (a)) of the Defense Base Closure and 
     Realignment Act of 1990 shall apply to the consideration of 
     the legislation in the same manner as such provisions apply 
     to a joint resolution described in section 2908(a) of such 
     Act.
       (b) Special Rules.--For purposes of applying subsection (a) 
     with respect to such provisions, the following rules shall 
     apply:
       (1) Any reference to the Committee on Armed Services of the 
     House of Representatives shall be deemed a reference to the 
     Committee on House Oversight of the House of Representatives 
     and any reference to the Committee on Armed Services of the 
     Senate shall be deemed a reference to the Committee on Rules 
     and Administration of the Senate.
       (2) Any reference to the date on which the President 
     transmits a report shall be deemed a reference to the date on 
     which the recommendation involved is submitted under section 
     605(b).
       (3) Notwithstanding subsection (d)(2) of section 2908 of 
     such Act--
       (A) debate on the legislation in the House of 
     Representatives, and on all debatable motions and appeals in 
     connection with the legislation, shall be limited to not more 
     than 10 hours, divided equally between those favoring and 
     those opposing the legislation;
       (B) debate on the legislation in the Senate, and on all 
     debatable motions and appeals in connection with the 
     legislation, shall be limited to not more than 10 hours, 
     divided equally between those favoring and those opposing the 
     legislation; and
       (C) debate in the Senate on any single debatable motion and 
     appeal in connection with the legislation shall be limited to 
     not more than 1 hour, divided equally between the mover and 
     the manager of the bill (except that in the event the manager 
     of the bill is in favor of any such motion of appeal, the 
     time in opposition thereto shall be controlled by the 
     minority leader or his designee), and the majority and 
     minority leader may each allot additional time from time 
     under such leader's control to any Senator during the 
     consideration of any debatable motion or appeal.

     SEC. 607. TERMINATION

       The Commission shall cease to exist 90 days after the date 
     of the submission of its report under section 605.

     SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     such sums as are necessary to carry out its duties under this 
     title.

TITLE VII--PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR 
                         POLITICAL FUNDRAISING

     SEC. 701. PROHIBITING USE OF WHITE HOUSE MEALS AND 
                   ACCOMMODATIONS FOR POLITICAL FUNDRAISING.

       (a) In General.--Chapter 29 of title 18, United States 
     code, is amended by adding at the end the following new 
     section:

     ``612. Prohibiting use of meals and accommodations at White 
         House for political fundraising
       ``(a) It shall be unlawful for any person to provide or 
     offer to provide any meals or accommodations at the White 
     House in exchange for any money or other thing of value, or 
     as a reward for the provision of any money or other thing of 
     value, in support of any political party of the campaign for 
     electoral office of any candidate.
       ``(b) Any person who violates this section shall be fined 
     under this title or imprisoned not more than 3 years, or 
     both.
       ``(c) For purposes of this section, any official residence 
     or retreat of the President (including private residential 
     areas and the grounds of such a residence or retreat) shall 
     be treated as part of the White House.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     29 of title 18, United States Code, is amended by adding at 
     the end the following new item:

     ``612. Prohibiting use of meals and accommodations at White 
         House for political fundraising.''.

  TITLE VIII--SENSE OF THE CONGRESS REGARDING FUNDRAISING ON FEDERAL 
                          GOVERNMENT PROPERTY

     SEC. 801. SENSE OF THE CONGRESS REGARDING APPLICABILITY OF 
                   CONTROLLING LEGAL AUTHORITY TO FUNDRAISING ON 
                   FEDERAL GOVERNMENT PROPERTY.

       It is the sense of the Congress that Federal law clearly 
     demonstrates that `controlling legal authority' under title 
     18, United States Code, prohibits the use of Federal 
     Government property to raise campaign funds.

TITLE IX--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN FEDERAL 
                          GOVERNMENT PROPERTY

     SEC. 901. PROHIBITION AGAINST ACCEPTANCE OR SOLICITATION TO 
                   OBTAIN ACCESS TO CERTAIN FEDERAL GOVERNMENT 
                   PROPERTY.

       (a) In General.--Chapter 11 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``226. Acceptance or solicitation to obtain access to certain 
         Federal Government property

       ``Whoever solicits or receives anything of value in 
     consideration of providing a person with access to Air Force 
     One, Marine One, Air Force Two, Marine Two, the White House, 
     or the Vice President's residence, shall be fined under this 
     title, or imprisoned not more than one year, or both.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     11 of title 18, United States Code, is amended by adding at 
     the end the following new item:

     ``226. Acceptance or solicitation to obtain access to certain 
         Federal Government property.''.

  TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN 
                                ACTIVITY

     SEC. 1001. REQUIRING NATIONAL PARTIES TO REIMBURSE AT COST 
                   FOR USE OF AIR FORCE ONE FOR POLITICAL 
                   FUNDRAISING.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), an amended by sections 101, 401, 507, 
     510, and 515, is further amended by adding at the end the 
     following new section:


   ``REIMBURSEMENT BY POLITICAL PARTIES FOR USE OF AIR FORCE ONE FOR 
                         POLITICAL FUNDRAISING

       ``Sec. 328. (a) In General. If the President, Vice 
     President, or the head of any executive department (as 
     defined in section 101 of title 5, United States Code) uses 
     Air Force One for transportation for any travel which 
     includes a fundraising event for the benefit of any political 
     committee of a national political party, such political 
     committee shall reimburse the Federal Government for the fair 
     market value of the transportation of the individual 
     involved, based on the cost of an equivalent commercial 
     chartered flight.
       ``(b) Air Force One Defined.--In subsection (a), the term 
     `Air Force One' means the airplane operated by the Air Force 
     which has been specially configured to carry out the mission 
     of transporting the President.''.

           TITLE XI--PROHIBITING USE OF WALKING AROUND MONEY

     SEC. 1101. PROHIBITING CAMPAIGNS FROM PROVIDING CURRENCY TO 
                   INDIVIDUALS FOR PURPOSES OF ENCOURAGING TURNOUT 
                   ON DATE OF ELECTION.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by sections 101, 401, 507, 
     510, 515, and 1001, is further amended by adding at the end 
     the following new section:

     ``PROHIBITING USE OF CURRENCY TO PROMOTE ELECTION DAY TURNOUT

       ``Sec. 329. It shall be unlawful for any political 
     committee to provide currency to any individual (directly or 
     through an agent of the committee) for purposes of 
     encouraging the individual to appear at the polling place for 
     the election.''.

            TITLE XII--ENHANCING ENFORCEMENT OF CAMPAIGN LAW

     SEC. 1201. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW.

       (a) Mandatory Imprisonment for Criminal Conduct.--Section 
     309(d)(1)(A) of the Federal Election Campaign Act of 1971'' 
     (2 U.S.C. 437g(d)(1)(A)) is amended--
       (1) in the first sentence, by striking ``shall be fined, or 
     imprisoned for not more than one year, or both'' and 
     inserting ``shall be imprisoned for not fewer than 1 year and 
     not more than 10 years''; and
       (2) by striking the second sentence.
       (b) Concurrent Authority of Attorney General To Bring 
     Criminal Actions.--Section 309(d) of such Act (2 U.S.C. 
     437g(d)) is amended by adding at the end the following new 
     paragraph:
       ``(4) In addition to the authority to bring cases referred 
     pursuant to subsection (a)(5), the Attorney General may at 
     any time bring a criminal action for a violation of this Act 
     or of chapter 95 chapter 96 of the Internal Revenue Code of 
     1986.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to actions brought with respect to 
     elections occurring after January 1999.

 TITLE XIII--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL 
                               CANDIDATES

     SEC. 1301. BAN ON COORDINATION OF SOFT MONEY FOR ISSUE 
                   ADVOCACY BY PRESIDENTIAL CANDIDATES RECEIVING 
                   PUBLIC FINANCING.

       (a) In General.--Section 9003 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9003) is amended by adding at the end the 
     following new subsection.
       ``(f) Ban on Coordination of Soft Money for Issue 
     Advocacy.--
       ``(1) In general.--No candidate for election to the office 
     of President or Vice President who is certified to receive 
     amounts from the Presidential Election Fund under this 
     chapter or chapter 96 may coordinate the expenditure of any 
     funds for issue advocacy with

[[Page S13459]]

     any political party unless the funds are subject to the 
     limitations, prohibitions, and reporting requirements of the 
     Federal Election Campaign Act of 1971.
       ``(2) Issue advocacy defined.--In this section, the term 
     `issue advocacy' means any activity carried out for the 
     purpose of influencing the consideration or outcome of any 
     Federal legislation or the issuance or outcome of any Federal 
     regulations, or educating individuals about candidates for 
     election for Federal office or any Federal legislation, law, 
     or regulations (without regard to whether the activity is 
     carried out for the purpose of influencing any election for 
     Federal office).''.
       Effective Date.--The amendment made by this section shall 
     apply with respect to elections occurring on or after the 
     date of the enactment of this Act.

    TITLE XIV--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON 
                                INTERNET

     SEC. 1401. REQUIREMENT THAT NAMES OF PASSENGERS ON AIR FORCE 
                   ONE AND AIR FORCE TWO BE MADE AVAILABLE THROUGH 
                   THE INTERNET.

       (a) In General.--The President shall make available through 
     the Internet the name of any non-Government person who is a 
     passenger on an aircraft designated as Air Force One or Air 
     Force Two not later than 30 days after the date that the 
     person is a passenger on such aircraft.
       (b) Exception.--Subsection (a) shall not apply in a case in 
     which the President determines that compliance with such 
     subsection would be contrary to the national security 
     interests of the United States. In any such case, not later 
     than 30 days after the date that the person whose name will 
     not be made available through the Internet was a passenger on 
     the aircraft, the President shall submit to the chairman and 
     ranking member of the Permanent Select Committee on 
     Intelligence of the House of Representatives and of the 
     Select Committee on Intelligence of the Senate--
       (1) the name of the person; and
       (2) the justification for not making such name available 
     through the Internet.
       (c) Definition of Person.--As used in this Act, the term 
     ``non-Government person'' means a person who is not an 
     officer or employee of the United States, a member of the 
     Armed Forces, or a Member of Congress.

  TITLE XV--EXPULSION PROCEEDINGS F0R HOUSE MEMBERS RECEIVING FOREIGN 
                             CONTRIBUTIONS

     SEC. 1501. PERMITTING CONSIDERATION OF PRIVILEGED MOTION TO 
                   EXPEL HOUSE MEMBER ACCEPTING ILLEGAL FOREIGN 
                   CONTRIBUTION.

       (a) In General.--If a Member of the House of 
     Representatives is convicted of a violation of section 319 of 
     the Federal Election Campaign Act of 1971 (or any successor 
     provision prohibiting the solicitation, receipt, or 
     acceptance of a contribution from a foreign national), the 
     Committee on Standards of Official Conduct, shall immediately 
     consider the conduct of the Member and shall make a report 
     and recommendations to the House forthwith concerning that 
     Member which may include a recommendation for expulsion.
       (b) Exercise of Rulemaking Authority.--This section is 
     enacted by Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives, and as such it is deemed a part of the rules 
     of the House of Representatives, and it supersedes other 
     rules only to the extent that it is inconsistent therewith; 
     and
       (2) with full recognition of the constitutional right of 
     the House of Representatives to change the rule at any time, 
     in the same manner and to the same extent as in the case of 
     any other rule of the House of Representatives.

TITLE XVI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS

     SEC. 1601. SEVERABILITY.

       If any provision of this Act or amendment made by this Act, 
     or the application of a provision or amendment to any person 
     or circumstance, is held to be unconstitutional, the 
     remainder of this Act and amendments made by this Act, and 
     the application of the provisions and amendment to any person 
     or circumstance, shall not be affected by the holding.

     SEC. 1602. REVIEW OF CONSTITUTIONAL ISSUES.

       An appeal may be taken directly to the Supreme Court of the 
     United States from any final judgment, decree, or order 
     issued by any Court ruling on the constitutionality of any 
     provision of this Act or amendment made by this Act.

     SEC. 1603. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act shall take effect upon the 
     expiration of the 90-day period which begins on the date of 
     the enactment of this Act.

     SEC. 1604. REGULATIONS.

       The Federal Election Commission shall prescribe any 
     regulations required to carry out this Act and the amendments 
     made by this Act not later than 45 days after the date of the 
     enactment of this Act.

     SEC.  DISCLOSURE REQUIREMENTS FOR CERTAIN MONEY EXPENDITURES 
                   OF POLITICAL PARTIES.

       (a) Transfers of Funds by National Political Parties.--
     Section 304(b)(4) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 434(b)(4)) is amended--
       (1) by striking ``and'' at the end of subparagraph (H);
       (2) by adding ``and'' at the end of subparagraph (I); and
       (3) by adding at the end the following new subparagraph:
       ``(J) in the case of a political committee of a national 
     political party, all funds transferred to any political 
     committee of a State or local political party, without regard 
     to whether or not the funds are otherwise treated as 
     contributions or expenditures under this title;''.
       (b) Disclosure by State and Local Political Parties of 
     Information, Reported Under State Law.--Section 304 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 434), as 
     amended by section 4, is amended by adding at the end the 
     following:
       ``(e) If a political committee of a State or local 
     political party is required under a State or local law to 
     submit a report to an entity of State or local government 
     regarding its disbursements, the committee shall file a copy 
     of the report with the Commission at the same time it submits 
     the report to such entity.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring after January 
     2001.

     SEC.  . PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.

       (a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 
     434(a)(11)(A)) is amended by striking ``permit reports 
     required by'' and inserting ``require reports under.''
       (b) Requiring Reports for All Contributions Made to Any 
     Political Committee Within 90 Days of Election; Requiring 
     Reports To Be Made Within 24 Hours.--Section 304(a)(6) of 
     Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is 
     amended to read as follows:
       ``(6)(A) Each political committee shall notify the 
     Secretary or the Commission, and the Secretary of State, as 
     appropriate, in writing, of any contribution received by the 
     committee during the period which begins on the 90th day 
     before an election and ends at the time the polls close for 
     such election. This notification shall be made within 24 
     hours (or, if earlier, by midnight of the day on which the 
     contribution is deposited) after the receipt of such 
     contribution and shall include the name of the candidate 
     involved (as appropriate) and the office sought by the 
     candidate, the identification of the contributor, and the 
     date of receipt and amount of the contribution.
       ``(B) The notification required under this paragraph shall 
     be in addition to all other reporting requirements under this 
     Act.''.
       (c) Increasing Electronic Disclosure.--Section 304 of 
     Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)), as 
     amended by section 6(b), is amended by adding at the end the 
     following:
       ``(f) The Commission shall make the information contained 
     in the reports submitted under this section available on the 
     Internet and publicly available at the offices of the 
     Commission as soon as practicable (but in no case later than 
     24 hours) after the information is received by the 
     Commission.''.
       (d) Effective Date.--The amendment made by this section 
     shall apply with respect to reports for periods beginning on 
     or after January 2, 2001.
                                  ____


                           Amendment No. 2376

       At the appropriate place insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Bipartisan 
     Campaign Finance Reform Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

     Sec. 1. Short title; table of contents.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

     Sec. 101. Soft money of political parties.
     Sec. 102. Increased contribution limits for State committees 
         of political parties and aggregate contribution limit for 
         individuals.
     Sec. 103. Reporting requirements.

           TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES

     Sec. 201. Definitions.
     Sec. 202. Express advocacy determined without regard to 
         background music.
     Sec. 203. Civil penalty.
     Sec. 204. Reporting requirements for certain independent 
         expenditures.
     Sec. 205. Independent versus coordinated expenditures by 
         party.
     Sec. 206. Coordination with candidates.

                         TITLE III--DISCLOSURE

     Sec. 301. Filing of reports using computers and facsimile 
         machines.
     Sec. 302. Prohibition of deposit of contributions with 
         incomplete contributor information.
     Sec. 303. Audits.
     Sec. 304. Reporting requirements for contributions of $50 or 
         more.
     Sec. 305. Use of candidates' names.
     Sec. 306. Prohibition of false representation to solicit 
         contributions.
     Sec. 307. Soft money of persons other than political parties.
     Sec. 308. Campaign advertising.

                    TITLE IV--PERSONAL WEALTH OPTION

     Sec. 401. Voluntary personal funds expenditure limit.
     Sec. 402. Political party committee coordinated expenditures.

                         TITLE V--MISCELLANEOUS

     Sec. 501. Codification of Beck decision.

[[Page S13460]]

     Sec. 502. Use of contributed amounts for certain purposes.
     Sec. 503. Limit on congressional use of the franking 
         privilege.
     Sec. 504. Prohibition of fundraising on Federal property.
     Sec. 505. Penalties for violations.
     Sec. 506. Strengthening foreign money ban.
     Sec. 507. Prohibition of contributions by minors.
     Sec. 508. Expedited procedures.
     Sec. 509. Initiation of enforcement proceeding.
     Sec. 510. Protecting equal participation of eligible voters 
         in campaigns and elections.
     Sec. 511. Penalty for violation of prohibition against 
         foreign contributions.
     Sec. 512. Expedited court review of certain alleged 
         violations of Federal Election Campaign Act of 1971.
     Sec. 513. Conspiracy to violate presidential campaign 
         spending limits.
     Sec. 514. Deposit of certain contributions and donations in 
         Treasury account.
     Sec. 515. Establishment of a clearinghouse of information on 
         political activities within the Federal Election 
         Commission.
     Sec. 516. Enforcement of spending limit on presidential and 
         vice presidential conditions who received public 
         financing.
     Sec. 517. Clarification of right of nationals of the United 
         States to make political contributions.

      TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

     Sec. 601. Establishment and purpose of Commission.
     Sec. 602. Membership of Commission.
     Sec. 603. Powers of Commission.
     Sec. 604. Administrative provisions.
     Sec. 605. Report and recommended legislation.
     Sec. 606. Expedited congressional consideration of 
         legislation.
     Sec. 607. Termination.
     Sec. 608. Authorization of appropriations.

TITLE VII--PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR 
                         POLITICAL FUNDRAISING

     Sec. 701. Prohibiting use of White House means and 
         accommodations for political fundraising.

  TITLE VIII--SENSE OF THE CONGRESS REGARDING FUNDRAISING ON FEDERAL 
                          GOVERNMENT PROPERTY

     Sec. 801. Sense of the Congress regarding applicability of 
         controlling legal authority of fundraising on Federal 
         government property.

TITLE IX--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN FEDERAL 
                          GOVERNMENT PROPERTY

     Sec. 901. Prohibition against acceptance or solicitation to 
         obtain access to certain Federal government property.

  TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN 
                                ACTIVITY

     Sec. 1001. Requiring national parties to reimburse at cost 
         for use of Air Force One for political fundraising.

           TITLE XI--PROHIBITING USE OF WALKING AROUND MONEY

     Sec. 1101. Prohibiting campaigns from providing currently to 
         individuals for purposes of encouraging turnout on date 
         of election.

            TITLE XII--ENHANCING ENFORCEMENT OF CAMPAIGN LAW

     Sec. 1201. Enhancing enforcement of campaign finance law.

 TITLE XIII--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL 
                               CANDIDATES

     Sec. 1301. Ban on coordination of soft money for issue 
         advocacy by presidential candidates receiving public 
         financing.

    TITLE XIV--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON 
                                INTERNET

     Sec. 1401. Requirement that names of passengers on Air Force 
         One and Air Force Two be made available through the 
         Internet.

  TITLE XV--EXPLUSION PROCEEDINGS FOR HOUSE MEMBERS RECEIVING FOREIGN 
                             CONTRIBUTIONS

     Sec. 1501. Permitting consideration of privileged motion to 
         expel House member accepting illegal foreign 
         contribution.

TITLE XVI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS

     Sec. 1601. Severability.
     Sec. 1602. Review of constitutional issues.
     Sec. 1603. Effective date.
     Sec. 1604. Regulations.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

     SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.) is amended by adding at the end the 
     following new section.--

                   ``SOFT MONEY OF POLITICAL PARTIES

       ``Sec.--323. (a) National Committee.--
       ``(1) In general: A national committee of a political party 
     (including a national congressional campaign committee of a 
     political party) and any officers or agents of such party 
     committees, shall not solicit, receive, or direct to another 
     person a contribution, donation, or transfer of funds, or 
     spend any funds, that are not subject to the limitations, 
     prohibitions, and reporting requirements of this Act.
       ``(2) Applicability.-- This subsection shall apply to an 
     entity that is directly or indirectly established, financed, 
     maintained, or controlled by a national committee of a 
     political party (including a national congressional campaign 
     committee of a political party), or an entity acting on 
     behalf of a national committee and an officer or agent acting 
     on behalf of any such committee or entity.
       ``(b) State, District, and Local Committees.--
       ``(1) In general.--An amount that is expended or disbursed 
     by a State, district, or local committee of a political party 
     (including an entity that is directly or indirectly 
     established, financed, maintained, or controlled by a State, 
     district, or local committee of a political party and an 
     officer or agent acting on behalf of such committee or 
     entity) for Federal election activity shall be made from 
     funds subject to the limitations, prohibitions, and reporting 
     requirements of this Act.
       ``(2) Federal election activity.--
       ``(A) In general.--The term `Federal election activity' 
     means--
       ``(i) voter registration activity during the period that 
     begins on the date that is 120 days before the date a 
     regularly scheduled Federal election is held and ends on the 
     date of the election;
       ``(ii) voter identification, get-out-the-vote activity, or 
     generic campaign activity conducted in connection with an 
     election in which a candidate for Federal office appears on 
     the ballot (regardless of whether a candidate for State or 
     local office also appears on the ballot); and
       ``(iii) a communication that refers to a clearly identified 
     candidate for Federal office (regardless of whether a 
     candidate for State or local office is also mentioned or 
     identified) and is made for the purpose of influencing a 
     Federal election (regardless of whether the communication is 
     express advocacy).
       ``(B) Excluded activity.--The term `Federal election 
     activity' does not include an amount expended or disbursed by 
     a State, district, or local committee of a political party 
     for--
       ``(i) campaign activity conducted solely on behalf of a 
     clearly identified candidate for State or local office, 
     provided the campaign activity is not a Federal election 
     activity described in subparagraph (A);
       ``(ii) a contribution to a candidate for State or local 
     office, provided the contribution is not designated or used 
     to pay for a Federal election activity described in 
     subparagraph (A);
       ``(iii) the costs of a State, district, or local political 
     convention;
       ``(iv) the costs of grassroots campaign materials, 
     including buttons, bumper stickers, and yard signs, that name 
     or depict only a candidate for State or local office;
       ``(v) the non-Federal share of a State, district, or local 
     party committee's administrative and overhead expenses (but 
     not including the compensation in any month of an individual 
     who spends more than 20 percent of the individual's time on 
     Federal election activity) as determined by a regulation 
     promulgated by the Commission to determine the non-Federal 
     share of a State, district, or local party committee's 
     administrative and overhead expenses; and
       ``(vi) the cost of constructing or purchasing an office 
     facility or equipment for a State, district or local 
     committee.
       ``(c) Fundraising Costs.--An amount spent by a national, 
     State, district, or local committee of a political party, by 
     an entity that is established, financed, maintained, or 
     controlled by a national, State, district, or local committee 
     of a political party, or by an agent or officer of any such 
     committee or entity, to raise funds that are used, in whole 
     or in part, to pay the costs of a Federal election activity 
     shall be made from funds subject to the limitations, 
     prohibitions, and reporting requirements of this Act.
       ``(d) Tax-Exempt Organizations.--A national, State, 
     district, or local committee of a political party (including 
     a national congressional campaign committee of a political 
     party), an entity that is directly or indirectly established, 
     financed, maintained, or controlled by any such national, 
     State, district, or local committee or its agent, and an 
     officer or agent acting on behalf of any such party committee 
     or entity, shall not solicit any funds for, or make or direct 
     any donations to, an organization that is described in 
     section 501(c) of the Internal Revenue Code of 1986 and 
     exempt from taxation under section 501(a) of such Code (or 
     has submitted an application to the Commissioner of the 
     Internal Revenue Service for determination of tax-exemption 
     under such section).
       ``(e) Candidates.--
       ``(1) In general.--A candidate, individual holding Federal 
     office, agent of a candidate or individual holding Federal 
     office, or an entity directly or indirectly established, 
     financed, maintained or controlled by or acting on behalf of 
     one or more candidates or individuals holding Federal office, 
     shall not--
       ``(A) solicit, receive, direct, transfer, or spend funds in 
     connection with an election for Federal office, including 
     funds for any Federal election activity, unless the funds are 
     subject to the limitations. prohibitions, and reporting 
     requirements of this Act; or
       ``(B) solicit, receive, direct, transfer, or spend funds in 
     connection with any election

[[Page S13461]]

     other than an election for Federal office or disburse funds 
     in connection with such an election unless the funds--
       ``(i) are not in excess of the amounts permitted with 
     respect to contributions to candidates and political 
     committees under paragraphs (1) and (2) of section 315(a); 
     and
       ``(ii) are not from sources prohibited by this Act from 
     making contributions with respect to an election for Federal 
     office.
       ``(2) State law.--Paragraph (1) does not apply to the 
     solicitation, receipt, or spending of funds by an individual 
     who is a candidate for a State or local office in connection 
     with such election for State or local office if the 
     solicitation, receipt, or spending of funds is permitted 
     under State law for any activity other than a Federal 
     election activity.
       ``(3) Fundraising events.--Notwithstanding paragraph (1), a 
     candidate may attend, speak, or be a featured guest at a fund 
     raising event for a State, district, or local committee of a 
     political party.''.

     SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES 
                   OF POLITICAL PARTIES AND AGGREGATE CONTRIBUTION 
                   LIMIT FOR INDIVIDUALS.

       (a) Contribution Limit for State Committees of Political 
     Parties.--Section 315(a)(1) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 441a(a)(1)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C)--
       (A) by inserting ``(other than a committee described in 
     subparagraph (D))'' after ``committee''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following.--
       ``(D) to a political committee established and maintained 
     by a State committee of a political party in any calendar 
     year that, in the aggregate, exceed $10,000''.
       (b) Aggregate Contribution Limit for Individual.--Section 
     315(a)(3) of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a(a)(3)) is amended by striking ``$25,000'' and 
     inserting ``$30,000''.

     SEC. 103. REPORTING REQUIREMENTS.

       (a) Reporting Requirements.--Section 304 of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by 
     section 204) is amended by inserting after subsection (d) the 
     following.--
       ``(e) Political Committees.--
       ``(1) National and congressional political committees.--The 
     national committee of a political party, any national 
     congressional campaign committee of a political party, and 
     any subordinate committee of either, shall report all 
     receipts and disbursements during the reporting period.
       ``(2) Other political committees to which section 323 
     applies: In addition to any other reporting requirements 
     applicable under this Act, a political committee (not 
     described in paragraph (1)) to which section 323(b)(1) 
     applies shall report all receipts and disbursements made for 
     activities described in paragraphs (2)(A) and (2)(B)(v) of 
     section 323(b).
       ``(3) Itemization.--If a political committee has receipts 
     or disbursements to which this subsection applies from any 
     person aggregating in excess of $200 for any calendar year, 
     the political committee shall separately itemize its 
     reporting for such person in the same manner as required in 
     paragraphs (3)(A), (5), and (6) of subsection (b).
       ``(4) Reporting periods.--Reports required to be filed 
     under this subsection shall be filed for the same time 
     periods required for political committees under subsection 
     (a)''.
       (b) Building Fund Exception to the Definition of 
     Contribution.--Section 301(8)(B) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
       (1) by striking clause (viii); and
       (2) by redesignating clauses (ix) through (xiv) as clauses 
     (viii) through (xiii), respectively.

           TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES

     SEC. 201. DEFINITIONS.

       (a) Definition of Independent Expenditure.--Section 301 of 
     the Federal Election Campaign Act (2 U.S.C. 431) is amended 
     by striking paragraph (17) and inserting the following:
       ``(17) Independent expenditure.--
       ``(A) In general.-- The term `independent expenditure' 
     means an expenditure by a person--
       ``(i) for a communication that is express advocacy; and
       ``(ii) that is not coordinated activity or is not provided 
     in coordination with a candidate or a candidate's agent or a 
     person who is coordinating with a candidate or a candidate's 
     agent.''.
       (b) Definition of Express Advocacy.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Express advocacy.--
       ``(A) In general.--The term `express advocacy' means a 
     communication that advocates the election or defeat of a 
     candidate by--
       ``(i) containing a phrase such as `vote for', `re-elect', 
     `support', `cast your ballot for', `(name of candidate) for 
     Congress', `(name of candidate) in 1997', `vote against', 
     `defeat', `reject', or a campaign slogan or words that in 
     context can have no reasonable meaning other than to advocate 
     the election or defeat of one or more clearly identified 
     candidates;
       ``(ii) referring to one or more clearly identified 
     candidates in a paid advertisement that is transmitted 
     through radio or television within 60 calendar days preceding 
     the date of an election of the candidate and that appears in 
     the State in which the election is occurring, except that 
     with respect to a candidate for the office of Vice President 
     or President, the time period is within 60 calendar days 
     preceding the date of a general election; or
       ``(iii) expressing unmistakable and unambiguous support for 
     or opposition to one or more clearly identified candidates 
     when taken as a whole and with limited reference to external 
     events, such as proximity to an election.
       ``(B) Voting record and voting guide exception.--The term 
     `express advocacy' does not include a communication which is 
     in printed form or posted on the Internet that--
       ``(i) presents information solely about the voting record 
     or position on a campaign issue of one or more candidates 
     (including any statement by the sponsor of the voting record 
     or voting guide of its agreement or disagreement with the 
     record or position of a candidate), so long as the voting 
     record or voting guide when taken as a whole does not express 
     unmistakable and unambiguous support for or opposition to one 
     or more clearly identified candidates;
       ``(ii) is not coordinated activity or is not made in 
     coordination with a candidate, political party, or agent of 
     the candidate or party, or a candidate's agent or a person 
     who is coordinating with a candidate or a candidate's agent, 
     except that nothing in this clause may be construed to 
     prevent the sponsor of the voting guide from directing 
     questions in writing to a candidate about the candidate's 
     position on issues for purposes of preparing a voter guide or 
     to prevent the candidate from responding in writing to such 
     questions; and
       ``(iii) does not contain a phrase such as `vote for', `re-
     elect', `support', `cast your ballot for', `(name of 
     candidate) for Congress', `(name of candidate) in 1997', 
     `vote against', `defeat', `reject', or a campaign slogan or 
     words that in context can have no reasonable meaning other 
     than to urge the election or defeat of one or more clearly 
     identified candidates.''.
       (c) Definition of Expenditure.--Section 301(9)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is 
     amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iii) a payment made by a political committee for a 
     communication that--
       ``(I) refers to a clearly identified candidate; and
       ``(II) is for the purpose of influencing a Federal election 
     (regardless of whether the communication is express 
     advocacy).''.

     SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT REGARD TO 
                   BACKGROUND MUSIC.

       Section 301(20) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431(20)), as added by section 201(b), is 
     amended by adding at the end the following new subparagraph:
       ``(C) Background music.--In determining whether any 
     communication by television or radio broadcast constitutes 
     express advocacy for purposes of this Act, there shall not be 
     taken into account any background music not including lyrics 
     used in such broadcast.''.

     SEC. 203. CIVIL PENALTY.

       Section 309 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 437g) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(A)--
       (1) in clause (i), by striking ``clause (ii)'' and 
     inserting ``clauses (ii) and (iii)''; and
       (ii) by adding at the end the following:
       ``(iii) If the Commission determines by an affirmative vote 
     of 4 of its members that there is probable cause to believe 
     that a person has made a knowing and willful violation of 
     section 304(c), the Commission shall not enter into a 
     conciliation agreement under this paragraph and may institute 
     a civil action for relief under paragraph (6)(A).''; and
       (B) in paragraph (6)(B), by inserting ``(except an action 
     instituted in connection with a knowing and willful violation 
     of section 304(c))' after `subparagraph (A)''; and
       (2) in subsection (d)(1)--
       (A) in subparagraph (A), by striking ``Any person'' and 
     inserting ``Except as provided in subparagraph (D), any 
     person''; and
       (B) by adding at the end the following.--
       ``(D) In the case of a knowing and willful violation of 
     section 304(c) that involves the reporting of an independent 
     expenditure, the violation shall not be subject to this 
     subsection.''.

     SEC. 204. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT 
                   EXPENDITURES.

       Section 304 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 434) is amended--
       (1) in subsection (c)(2), by striking the undesignated 
     matter after subparagraph (C);
       (2) by redesignating paragraph (3) of subsection (c) as 
     subsection (f); and
       (3) by inserting after subsection (c)(2) (as amended by 
     paragraph (1)) the following.--
       ``(d) Time for Reporting Certain Expenditures.--
       ``(1) Expenditures aggregating $1,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $1,000 or more after the 20th day, 
     but more than 24 hours, before the date of an election shall 
     file a report describing the expenditures within 24 hours 
     after that amount of independent expenditures has been made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the

[[Page S13462]]

     person shall file an additional report within 24 hours after 
     each time the person makes or contracts to make independent 
     expenditures aggregating an additional $1,000 with respect to 
     the same election as that to which the initial report 
     relates.
       ``(2) Expenditures aggregating $10,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $10,000 or more at any time up to 
     and including the 20th day before the date of an election 
     shall file a report describing the expenditures within 48 
     hours after that amount of independent expenditures has been 
     made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 48 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $10,000 with respect to the same election as that 
     to which the initial report relates.
       ``(3) Place of filing; contents.--A report under this 
     subsection--
       ``(A) shall be filed with the Commission; and
       ``(B) shall contain the information required by subsection 
     (b)(6)(B)(iii), including the name of each candidate whom an 
     expenditure is intended to support or oppose.''.

     SEC. 205. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY 
                   PARTY.

       Section 315(d) of the Federal Election Campaign Act (2 
     U.S.C. 441a(d)) is amended--
       (1) in paragraph (1), by striking ``and (3)'' and 
     inserting, ``(3), and (4)''; and
       (2) by adding at the end the following:
       ``(4) Independent versus coordinated expenditures by 
     party.--
       ``(A) In general.--On or after the date on which a 
     political party nominates a candidate, a committee of the 
     political party shall not make both expenditures under this 
     subsection and independent expenditures (as defined in 
     section 301(17)) with respect to the candidate during the 
     election cycle.
       ``(B) Certification.--Before making a coordinated 
     expenditure under this subsection with respect to a 
     candidate, a committee of a political party shall file with 
     the Commission a certification, signed by the treasurer of 
     the committee, that the committee has not and shall not make 
     any independent expenditure with respect to the candidate 
     during the same election cycle.
       ``(C) Application.--For purposes of this paragraph, all 
     political committees established and maintained by a national 
     political party (including all congressional campaign 
     committees) and all political committees established and 
     maintained by a State political party (including any 
     subordinate committee of a State committee) shall be 
     considered to be a single political committee.
       ``(D) Transfers.--A committee of a political party that 
     submits a certification under subparagraph (B) with respect 
     to a candidate shall not, during an election cycle, transfer 
     any funds to, assign authority to make coordinated 
     expenditures under this subsection to, or receive a transfer 
     of funds from, a committee of the political party that has 
     made or intends to make an independent expenditure with 
     respect to the candidate.''.

     SEC. 206. COORDINATION WITH CANDIDATES.

       (a) Definition of Coordination With Candidates.--
       (1) Section 301(8).--Section 301(8) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``or'' at the end of clause (i);
       (ii) by striking the period at the end of clause (ii) and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(iii) coordinated activity (as defined in subparagraph 
     (C)).''; and
       (B) by adding at the end the following.--
       ``(C) ``Coordinated activity'' means anything of value 
     provided by a person in coordination with a candidate, an 
     agent of the candidate, or the political party of the 
     candidate or its agent for the purpose of influencing a 
     Federal election (regardless of whether the value being 
     provided is a communication that is express advocacy) in 
     which such candidate seeks nomination or election to Federal 
     office, and includes any of the following.--
       ``(i) A payment made by a person in cooperation, 
     consultation, or concert with, at the request or suggestion 
     of, or pursuant to any general or particular understanding 
     with a candidate, the candidate's authorized committee, the 
     political party of the candidate, or an agent acting on 
     behalf of a candidate, authorized committee, or the 
     political party of the candidate.
       ``(ii) A payment made by a person for the production, 
     dissemination, distribution, or republication, in whole or in 
     part, of any broadcast or any written graphic, or other form 
     of campaign material prepared by a candidate, a candidate's 
     authorized committee, or an agent of a candidate or 
     authorized committee (not including a communication described 
     in paragraph (9)(B)(i) or a communication that expressly 
     advocates the candidate's defeat).
       ``(iii) A payment made by a person based on information 
     about a candidate's plans, projects, or needs provided to the 
     person making the payment by the candidate or the candidate's 
     agent who provides the information with the intent that the 
     payment be made.
       ``(iv) A payment made by a person if, in the same election 
     cycle in which the payment is made, the person making the 
     payment is serving or has served as a member, employee, 
     fundraiser, or agent of the candidate's authorized committee 
     in an executive or policymaking position.
       ``(v) A payment made by a person if the person making the 
     payment has served in any formal policy making or advisory 
     position with the candidate's campaign or has participated in 
     formal strategic or formal policymaking discussions (other 
     than any discussion treated as a lobbying contact under the 
     Lobbying Disclosure Act of 1995 in the case of a candidate 
     holding Federal office or as a similar lobbying activity in 
     the case of a candidate holding State or other elective 
     office) with the candidate's campaign relating to the 
     candidate's pursuit of nomination for election, or election, 
     to Federal office, in the same election cycle as the election 
     cycle in which the payment is made.
       ``(vi) A payment made by a person if, in the same election 
     cycle, the person making the payment retains the professional 
     services of any person that has provided or is providing 
     campaign-related services in the same election cycle to a 
     candidate (including services provided through a political 
     committee of the candidate's political party) in connection 
     with the candidate's pursuit of nomination for election, or 
     election, to Federal office, including services relating to 
     the candidate's decision to seek Federal office, and the 
     person retained is retained to work on activities relating to 
     that candidate's campaign.
       ``(vii) A payment made by a person who has directly 
     participated in fundraising activities with the candidate or 
     in the solicitation or receipt of contributions on behalf of 
     the candidate.
       ``(viii) A payment made by a person who has communicated 
     with the candidate or an agent of the candidate (including a 
     communication through a political committee of the 
     candidate's political party) after the declaration of 
     candidacy (including a pollster, media consultant, vendor, 
     advisor, or staff member acting on behalf of the candidate), 
     about advertising message, allocation of resource, 
     fundraising, or other campaign matters related to the 
     candidate's campaign, including campaign operations, 
     staffing, tactics, or strategy.
       ``(ix) The provision of in-kind professional services or 
     polling data (including services or data provided through a 
     political committee of the candidate's political party) to 
     the candidate or candidate's agent.
       ``(x) A payment made by a person who has engaged in a 
     coordinated activity with a candidate described in clauses 
     (i) through (ix) for a communication that clearly refers to 
     the candidate or the candidate's opponent and is for the 
     purpose of influencing that candidate's election (regardless 
     of whether the communication is express advocacy).
       ``(D) For purposes of subparagraph (C), the term 
     `professional services' means polling, media advice, 
     fundraising, campaign research or direct mail (except for 
     mailhouse services solely for the distribution of voter 
     guides as defined in section 431(20)(B)) services in support 
     of a candidate's pursuit of nomination for election, or 
     election, to Federal office.
       ``(E) For purposes of subparagraph (C), all political 
     committees established and maintained by a national political 
     party (including all congressional campaign committees) and 
     all political committees established and maintained by a 
     State political party (including any subordinate committee of 
     a State committee) shall be considered to be a single 
     political committee.''.
       (2) Section 315(a)(7).--Section 315(a)(7) (2 U.S.C. 
     441a(a)(7)) is amended by striking subparagraph (B) and 
     inserting the following--
       ``(B) a coordinated activity, as described in section 
     301(8)(C), shall be considered to be a contribution to the 
     candidate, and in the case of a limitation on expenditures, 
     shall be treated as an expenditure by the candidate.
       ``(b) Meaning of Contribution or Expenditure for the 
     Purposes of Section 316.--Section 316(b)(2) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended 
     by striking shall include' and inserting `includes a 
     contribution or expenditure, as those terms are defined in 
     section 301, and also includes' ''.

                         TITLE III--DISCLOSURE

     SEC. 301. FILING OF REPORTS USING COMPUTERS AND FACSIMILE 
                   MACHINES.

       Section 304(a) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 434(a)) is amended by striking paragraph (11) and 
     inserting the following--
       ``(11)(A) The Commission shall promulgate a regulation 
     under which a person required to file a designation, 
     statement, or report under this Act--
       ``(i) is required to maintain and file a designation, 
     statement, or report for any calendar year in electronic form 
     accessible by computers if the person has, or has reason to 
     expect to have, aggregate contributions or expenditures in 
     excess of a threshold amount determined by the Commission; 
     and
       ``(ii) may maintain and file a designation, statement, or 
     report in electronic form or an alternative form, including 
     the use of a facsimile machine, if not required to do so 
     under the regulation promulgated under clause (i).
       ``(B) The Commission shall make a designation, statement, 
     report, or notification that is filed electronically with the 
     Commission accessible to the public on the Internet not later 
     than 24 hours after the designation, statement, report, or 
     notification is received by the Commission.

[[Page S13463]]

       ``(C) In promulgating a regulation under this paragraph, 
     the Commission shall provide methods (other than requiring a 
     signature on the document being filed) for verifying 
     designations, statements, and reports covered by the 
     regulation. Any document verified under any of the methods 
     shall be treated for all purposes (including penalties for 
     perjury) in the same manner as a document verified by 
     signature.''.

     SEC. 302. PROHIBITION OF DEPOSIT OF CONTRIBUTIONS WITH 
                   INCOMPLETE CONTRIBUTOR INFORMATION.

       Section 302 of Federal Election Campaign Act of 1971 (2 
     U.S.C. 432) is amended by adding at the end the following:
       ``(j) Deposit of Contributions.--The treasurer of a 
     candidate's authorized committee shall not deposit, except in 
     an escrow account, or otherwise negotiate a contribution from 
     a person who makes an aggregate amount of contributions in 
     excess of $200 during a calendar year unless the treasurer 
     verifies that the information required by this section with 
     respect to the contributor is complete.'.

     SEC. 303. AUDITS.

       (a) Random Audits.--Section 311(b) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 438(b)) is amended--
       (1) by inserting ``(1) In general.--'' before ``The 
     Commission'';
       (2) by moving the text 2 ems to the right; and
       (3) by adding at the end the following:
       ``(2) Random audits.--
       ``(A) In general.--Notwithstanding paragraph (1), the 
     Commission may conduct random audits and investigations to 
     ensure voluntary compliance with this Act. The selection of 
     any candidate for a random audit or investigation shall be 
     based on criteria adopted by a vote of at least four members 
     of the Commission.
       ``(B) Limitation.--The Commission shall not conduct an 
     audit or investigation of a candidate's authorized committee 
     under subparagraph (A) until the candidate is no longer a 
     candidate for the office sought by the candidate in an 
     election cycle.
       ``(C) Applicability.--This paragraph does not apply to an 
     authorized committee of a candidate for President or Vice 
     President subject to audit under section 9007 or 9038 of the 
     Internal Revenue Code of 1986.''.
       (b) Extension of Period During Which Campaign Audits May Be 
     Begun.--Section 311(b) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 438(b)) is amended by striking `6 months' 
     and inserting ``12 months''.

     SEC. 304. REPORTING REQUIREMENTS FOR CONTRIBUTIONS OF $50 OR 
                   MORE

       Section 304(b)(3)(A) of the Federal Election Campaign Act 
     at 1971 (2 U.S.C. 434(b)(3)(A) is amended--
       (1) by striking ``$200'' and inserting ``$50''; and
       (2) by striking the semicolon and inserting ``, except that 
     in the case of a person who makes contributions aggregating 
     at least $50 but not more than $200 during the calendar year, 
     the identification need include only the name and address of 
     the person;''.

     SEC. 305. USE OF CANDIDATES' NAMES.

       Section 302(e) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 432(e)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4)(A) The name of each authorized committee shall 
     include the name of the candidate who authorized the 
     committee under paragraph (1).
       ``(B) A political committee that is not an authorized 
     committee shall not--
       ``(i) include the name of any candidate in its name; or
       ``(ii) except in the case of a national, State, or local 
     party committee, use the name of any candidate in any 
     activity on behalf of the committee in such a context as to 
     suggest that the committee is an authorized committee of the 
     candidate or that the use of the candidate's name has been 
     authorized by the candidate.''.

     SEC. 306. PROHIBITION OF FALSE REPRESENTATION TO SOLICIT 
                   CONTRIBUTIONS.

       Section 322 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441h) is amended--
       (1) by inserting after ``Sec. 322.'' the following: ``(a) 
     In General:''; and
       (2) by adding at the end the following:
       ``(b) Solicitation of Contributions.--No person shall 
     solicit contributions by falsely representing himself or 
     herself as a candidate or as a representative of a candidate, 
     a political committee, or a political party.''.

     SEC. 307. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 
     103(c) and section 204) is amended by adding at the end the 
     following:
       ``(g) Disbursements of Persons Other Than Political 
     Parties.--
       ``(1) In general.--A person, other than a political 
     committee of a political party or a person described in 
     section 501(d) of the Internal Revenue Code of 1986, that 
     makes an aggregate amount of disbursements in excess of 
     $50,000 during a calendar year for activities described in 
     paragraph (2) shall file a statement with the Commission--
       ``(A) on a monthly basis as described in subsection 
     (a)(4)(B); or
       ``(B) in the case of disbursements that are made within 20 
     days of an election, within 24 hours after the disbursement 
     are made.
       ``(2) Activity.--The activity described in this paragraph 
     is--
       ``(A) Federal election activity;
       ``(B) an activity described in section 316(b)(2)(A) that 
     expresses support for or opposition to a candidate for 
     Federal office or a political party; and
       ``(C) an activity described in subparagraph (B) or (C) of 
     section 316(b)(2).
       ``(3) Applicability.--This subsection does not apply to--
       ``(A) a candidate or a candidate's authorized committees; 
     or
       ``(B) an independent expenditure.
       ``(4) Contents.--A statement under this section shall 
     contain such information about the disbursements made during 
     the reporting period as the Commission shall prescribe, 
     including--
       ``(A) the aggregate amount of disbursements made;
       ``(B) the name and address of the person or entity to whom 
     a disbursement is made in an aggregate amount in excess of 
     $200;
       ``(C) the date made, amount, and purpose of the 
     disbursement; and
       ``(D) if applicable, whether the disbursement was in 
     support of, or in opposition to, a candidate or a political 
     party, and the name of the candidate or the political 
     party.''.
       (b) Definition of Generic Campaign Activity.--Section 301 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et 
     seq.) (as amended by section 201(b)) is further amended by 
     adding at the end the following:
       ``(21) Generic campaign activity.--The term `generic 
     campaign activity' means an activity that promotes a 
     political party and does not promote a candidate or non-
     Federal candidate.''

     SEC. 308. CAMPAIGN ADVERTISING.

       Section 318 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441d) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Whenever'' and inserting ``Whenever a 
     political committee makes a disbursement for the purpose of 
     financing any communication through any broadcasting station, 
     newspaper, magazine, outdoor advertising facility, mailing, 
     or any other type of general public political advertising, or 
     whenever'';
       (ii) by striking ``an expenditure'' and inserting ``a 
     disbursement''; and
       (iii) by striking ``direct''; and
       (B) in paragraph (3), by inserting ``and permanent street 
     address'' and ``name''; and
       (2) by adding at the end the following:
       ``(c) Any printed communication described in subsection (a) 
     shall--
       ``(1) be of sufficient type size to be clearly readable by 
     the recipient of the communication;
       ``(2) be contained in a printed box set apart from the 
     other contents of the communication; and
       ``(3) be printed with a reasonable degree of color contrast 
     between the background and the printed statement.
       ``(d)(1) Any communication described in paragraphs (1) or 
     (2) of subsection (a) which is transmitted through radio or 
     television shall include, in addition to the requirements of 
     that paragraph, an audio statement by the candidate that 
     identifies the candidate and states that the candidate has 
     approved the communication.
       ``(2) If a communication described in paragraph (1) is 
     transmitted through television, the communication shall 
     include, in addition to the audio statement under paragraph 
     (1), a written statement that--
       ``(A) appears at the end of the communication in a clearly 
     readable manner with a reasonable degree of color contrast 
     between the background and the printed statement, for a 
     period of at least 4 seconds; and
       ``(B) is accompanied by a clearly identifiable photographic 
     or similar image of the candidate.
       ``(e) Any communication described in paragraph (3) of 
     subsection (a) which is transmitted through radio or 
     television shall include, in addition to the requirements of 
     that paragraph, in a clearly spoken manner, the following 
     statement: `XXXXXXX is responsible for the content of this 
     advertisement.' (with the blank to be filled in with the name 
     of the political committee or other person paying for the 
     communication and the name of any connected organization of 
     the payor). If transmitted through television, the statement 
     shall also appear in a clearly readable manner with a 
     reasonable degree of color contrast between the background 
     and the printed statement, for a period of at least 4 
     seconds.''

                    TITLE IV--PERSONAL WEALTH OPTION

     SEC. 401. VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by section 101, is further 
     amended by adding at the end the following new section:

              ``VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT

       Sec. 324. (a) Eligible Congressional Candidate.--
       (1) Primary election.--
       ``(A) Declaration.--A candidate for election for Senator or 
     Representative in or Delegate or Resident Commissioner to the 
     Congress is an eligible primary election Congressional 
     candidate if the candidate files with the Commission a 
     declaration that the candidate and the candidate's authorized 
     committees will not make expenditures in excess of the 
     personal funds expenditure limit.
       ``(B) Time to file.--The declaration under subparagraph (A) 
     shall be filed not later than the date on which the candidate 
     files with the appropriate State officer as a candidate for 
     the primary election.

[[Page S13464]]

       ``(2) General election.--
       ``(A) Declaration.--A candidate for election for Senator or 
     Representative in or Delegate or Resident Commissioner to the 
     Congress is an eligible general election Congressional 
     candidate if the candidate files with the Commission--
       ``(i) a declaration under penalty of perjury, with 
     supporting documentation as required by the Commission, that 
     the candidate and the candidate's authorized committees did 
     not exceed the personal funds expenditure limit in connection 
     with the primary election; and
       ``(ii) a declaration that the candidate and the candidate's 
     authorized committees will not make expenditures in excess of 
     the personal funds expenditure limit.
       ``(B) Time to file.--The declaration under subparagraph (A) 
     shall be filed not later than 7 days after the earlier of--
       ``(i) the date on which the candidate qualifies for the 
     general election ballot under State law; or
       ``(ii) if under State law, a primary or run-off election to 
     qualify for the general ballot occurs after September 1, the 
     date on which the candidate wins the primary or runoff 
     election.
       ``(b) Personal Funds Expenditure Limit.--
       ``(1) In general.--The aggregate amount of expenditures 
     that may be made in connection with an election by an 
     eligible Congressional candidate or the candidate's 
     authorized committees from the sources described in paragraph 
     (2) shall not exceed $50,000.
       ``(2) Sources.--A source is described in this paragraph if 
     the source is--
       ``(A) personal funds of the candidate and members of the 
     candidate's immediate family; or
       ``(B) proceeds of indebtedness incurred by the candidate or 
     a member of the candidate's immediate family.
       ``(C) Certification by the Commission.--
       ``(1) In general.--The Commission shall determine whether a 
     candidate has met the requirements of this section and, based 
     on the determination, issue a certification stating whether 
     the candidate is an eligible Congressional candidate.
       ``(2) Time for certification.--Not later than 7 business 
     days after a candidate files a declaration under paragraph 
     (1) or (2) of subsection (a), the Commission shall certify 
     whether the candidate is an eligible Congressional candidate.
       ``(3) Revocation.--The Commission shall revoke a 
     certification under paragraph (1), based on information 
     submitted in such form and manner as the Commission may 
     require or on information that comes to the Commission by 
     other means, if the Commission determines that a candidate 
     violates the personal funds expenditure limit.
       ``(4) Determinations by commission.--A determination made 
     by the Commission under this subsection shall be final, 
     except to the extent that the determination is subject to 
     examination and audit by the Commission and to judicial 
     review.
       ``(d) Penalty.--If the Commission revokes the certification 
     of an eligible Congressional candidate--
       ``(1) the Commission shall notify the candidate of the 
     revocation; and
       ``(2) the candidate and a candidate's authorized committees 
     shall pay to the Commission an amount equal to the amount of 
     expenditures made by a national committee of a political 
     party or a State committee of a political party in connection 
     with the general election campaign of the candidate under 
     section 315(d).''.

     SEC. 402. POLITICAL PARTY COMMITTEE COORDINATED EXPENDITURES.

       Section 315(d) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 441a(d)) (as amended by section 204) is amended by 
     adding at the end the following:
       ``(5) This subsection does not apply to expenditures made 
     in connection with the general election campaign of a 
     candidate for Senator or Representative in or Delegate or 
     Resident Commissioner to the Congress who is not an eligible 
     Congressional candidate (as defined in section 324(a)).''.

                         TITLE V--MISCELLANEOUS

     SEC. 501 CODIFICATION OF BECK DECISION.

       Section 8 of the National Labor Relations Act (29 U.S.C. 
     158) is amended by adding at the end the following new 
     subsection:
       ``(h) Nonunion Member Payments to Labor Organization.--
       ``(1) In general.--It shall be an unfair labor practice for 
     any labor organization which receives a payment from an 
     employee pursuant to an agreement that requires employees who 
     are not members of the organization to make payments to such 
     organization in lieu of organization dues or fees not to 
     establish and implement the objection procedure described in 
     paragraph (2).
       ``(2) Objection procedure:--The objection procedure 
     required under paragraph (1) shall meet the following 
     requirements:
       ``(A) The labor organization shall annually provide to 
     employees who are covered by such agreement but are not 
     members of the organization--
       ``(i) reasonable personal notice of the objection 
     procedure, a list of the employees eligible to invoke the 
     procedure, and the time, place, and manner for filing an 
     objection; and
       ``(ii) reasonable opportunity to file an objection to 
     paying for organization expenditures supporting political 
     activities unrelated to collective bargaining, including but 
     not limited to the opportunity to file such objection by 
     mail.
       ``(B) If an employee who is not a member of the labor 
     organization files an objection under the procedure in 
     subparagraph (A), such organization shall--
       ``(i) reduce the payments in lieu of organization dues or 
     fees by such employee by an amount which reasonably reflects 
     the ratio that the organization's expenditures supporting 
     political activities unrelated to collective bargaining bears 
     to such organization's total expenditures; and
       ``(ii) provide such employee with a reasonable explanation 
     of the organization's calculation of such reduction, 
     including calculating the amount of organization expenditures 
     supporting political activities unrelated to collective 
     bargaining.
       ``(3) Definition.--In this subsection, the term 
     `expenditures supporting political activities unrelated to 
     collective bargaining' means expenditures in connection with 
     a Federal, State, or local election or in connection with 
     efforts to influence legislation unrelated to collective 
     bargaining.''.

     SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.) is amended by striking section 313 and 
     inserting the following:


           ``USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES

       ``Sec. 313. (a) Permitted Uses.--A contribution accepted by 
     a candidate, and any other amount received by an individual 
     as support for activities of the individual as a holder of 
     Federal office, may be used by the candidate or individual--
       ``(1) for expenditures in connection with the campaign for 
     Federal office of the candidate or individual;
       ``(2) for ordinary and necessary expenses incurred in 
     connection with duties of the individual as a holder of 
     Federal office;
       ``(3) for contributions to an organization described in 
     section 170(c) of the Internal Revenue Code of 1986; or
       ``(4) for transfers to a national, State, or local 
     committee of a political party.
       ``(b) Prohibited Use.--
       ``(1) In general.--A contribution or amount described in 
     subsection (a) shall not be converted by any person to 
     personal use.
       ``(2) Conversion.--For the purposes of paragraph (1), a 
     contribution or amount shall be considered to be converted to 
     personal use if the contribution or amount is used to fulfill 
     any commitment, obligation, or expense of a person that would 
     exist irrespective of the candidate's election campaign or 
     individual's duties as a holder of Federal officeholder, 
     including--
       ``(A) a home mortgage, rent, or utility payment;
       ``(B) a clothing purchase;
       ``(C) a noncampaign-related automobile expense;
       ``(D) a country club membership;
       ``(E) a vacation or other noncampaign-related trip;
       ``(F) a household food item;
       ``(G) a tuition payment;
       ``(H) admission to a sporting event, concert, theater, or 
     other form of entertainment not associated with an election 
     campaign; and
       ``(I) dues, fees, and other payments to a health club or 
     recreational facility.''.

     SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE FRANKING 
                   PRIVILEGE.

       Section 3210(a)(6) of title 39, United States Code, is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) A Member of Congress shall not mail any mass mailing 
     as franked mail during the 180-day period which ends on the 
     date of the general election for the office held by the 
     Member or during the 90-day period which ends on the date of 
     any primary election for that office, unless the Member has 
     made a public announcement that the Member will not be a 
     candidate for reelection during that year or for election to 
     any other Federal office.''.

     SEC. 504. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.

       Section 607 of title 18, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Prohibition.--
       ``(1) In general.--It shall be unlawful for any person to 
     solicit or receive a donation of money or other thing of 
     value in connection with a Federal, State, or local election 
     from a person who is located in a room or building occupied 
     in the discharge of official duties by an officer or employee 
     of the United States. An individual who is an officer or 
     employee of the Federal Government, including the President, 
     Vice President, and Members of Congress, shall not solicit a 
     donation of money or other thing of value in connection with 
     a Federal, State, or local election while in any room or 
     building occupied in the discharge of official duties by an 
     officer or employee of the United States, from any person.
       ``(2) Penalty.--A person who violates this section shall be 
     fined not more than $5,000, imprisoned more than 3 years, or 
     both.''; and
       (2) in subsection (b), by inserting ``or Executive Office 
     of the President'' after ``Congress''.

     SEC. 505. PENALTIES FOR VIOLATIONS.

       (a) Increased Penalties.--Section 309(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended--
       (1) in paragraphs (5)(A), (6)(A), and (6)(B), by striking 
     ``$5,000'' and inserting ``$10,000''; and

[[Page S13465]]

       (2) in paragraphs (5)(B) and (6)(C), by striking ``$10,000 
     or an amount equal to 200 percent'' and inserting ``$20,000 
     or an amount equal to 300 percent''.
       (b) Equitable Remedies.--Section 309(a)(5)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) 
     is amended by striking the period at the end and inserting 
     ``, and may include equitable remedies or penalties, 
     including disgorgement of funds to the Treasury or community 
     service requirements (including requirements to participate 
     in public education programs).''.
       (c) Automatic Penalty for Late Filing.--Section 309(a) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) 
     is amended--
       (1) by adding at the end the following:
       ``(13) Penalty for late filing.--
       ``(A) In general.--
       ``(i) Monetary penalties.--The Commission shall establish a 
     schedule of mandatory monetary penalties that shall be 
     imposed by the Commission for failure to meet a time 
     requirement for filing under section 304.
       ``(ii) Required filing.--In addition to imposing a penalty, 
     the Commission may require a report that has not been filed 
     within the time requirements of section 304 to be filed by 
     specific date.
       ``(iii) Procedure.--A penalty or filing requirement imposed 
     under this paragraph shall not be subject to paragraph (1), 
     (2), (3), (4), (5), or (12).
       ``(B) Filing an exception.--
       ``(i) Time to file.--A political committee shall have 30 
     days after the imposition of a penalty or filing requirement 
     by the Commission under this paragraph in which to file an 
     exception with the Commission.
       ``(ii) Time for commission to rule.--Within 30 days after 
     receiving an exception, the Commission shall make a 
     determination that is a final agency action subject to 
     exclusive review by the United States Court of Appeals for 
     the District of Columbia Circuit under section 706 of title 
     5, United States Code, upon petition filed in that court by 
     the political committee or treasurer that is the subject of 
     the agency action, if the petition is filed within 30 days 
     after the date of the Commission action for which review is 
     sought.'';
       (2) in paragraph (5)(D)--
       (A) by inserting after the first sentence the following: 
     ``In any case in which a penalty or filing requirement 
     imposed on a political committee or treasurer under paragraph 
     (13) has not been satisfied, the Commission may institute a 
     civil action for enforcement under paragraph (6)(A).''; and
       (B) by inserting before the period at the end of the last 
     sentence the following: ``or has failed to pay a penalty or 
     meet a filing requirement imposed under paragraph (13)''; and
       (3) in paragraph (6)(A), by striking ``paragraph (4)(A)'' 
     and inserting ``paragraph (4)(A) or (13)''.

     SEC. 506. STRENGTHENING FOREIGN MONEY BAN.

       (a) In General.--Section 319 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441e) is amended--
       (1) by striking the heading and inserting the following: 
     ``contributions and donations by foreign nationals''; and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Prohibition.--It shall be unlawful for--
       ``(1) a foreign national, directly or indirectly, to make--
       ``(A) a donation of money or other thing of value, or to 
     promise expressly or impliedly to make a donation, in 
     connection with a Federal, State, or local election; or
       ``(B) a contribution or donation to a committee of a 
     political party; or
       ``(2) a person to solicit, accept, or receive such a 
     contribution or donation from a foreign national.''.
       (b) Prohibiting Use of Willful Blindness as Defense Against 
     Charge of Violating Foreign Contribution Ban.--
       (1) In general.--Section 319 of such Act (2 U.S.C. 441(e) 
     is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection.--
       ``(b) Prohibiting Use of Willful Blindness Defense.--It 
     shall not be a defense to a violation of subsection (a) that 
     the defendant did not know that the contribution originated 
     from a foreign national if the defendant should have known 
     that the contribution originated from a foreign national, 
     except that the trier of fact may not find that the defendant 
     should have known that the contribution originated from a 
     foreign national solely because of the name of the 
     contributor.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply with respect to violations occurring on or after 
     the date of the enactment of this Act.

     SEC. 507. PROHIBITION OF CONTRIBUTIONS BY MINORS.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by sections 101 and 401, is 
     further amended by adding at the end the following new 
     section.--


                ``PROHIBITION OF CONTRIBUTIONS BY MINORS

       ``Sec. 325. An individual who is 17 years old or younger 
     shall not make a contribution to a candidate or a 
     contribution or donation to a committee of a political 
     party.''.

     SEC. 508. EXPEDITED PROCEDURES.

       (a) In General.--Section 309(a) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437g(a)) (as amended by 
     section 505(c)) is amended by adding at the end the 
     following.--
       ``(14)(A) If the complaint in a proceeding was filed within 
     60 days preceding the date of a general election, the 
     Commission may take action described in this subparagraph.
       ``(B) If the Commission determines, on the basis of facts 
     alleged in the complaint and other facts available to the 
     Commission, that there is clear and convincing evidence that 
     a violation of this Act has occurred, is occurring, or is 
     about to occur, the Commission may order expedited 
     proceedings, shortening the time periods for proceedings 
     under paragraphs (1), (2), (3), and (4) as necessary to allow 
     the matter to be resolved in sufficient time before the 
     election to avoid harm or prejudice to the interests of the 
     parties.
       ``(C) If the Commission determines, on the basis of facts 
     alleged in the complaint and other facts available to the 
     Commission, that the complaint is clearly without merit, the 
     Commission may--
       ``(i) order expedited proceedings, shortening the time 
     periods for proceedings under paragraphs (1), (2), (3), and 
     (4) as necessary to allow the matter to be resolved in 
     sufficient time before the election to avoid harm or 
     prejudice to the interests of the parties; or
       ``(ii) if the Commission determines that there is 
     insufficient time to conduct proceedings before the election, 
     summarily dismiss the complaint.''.
       (b) Referral to Attorney General.--Section 309(a)(5) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) 
     is amended by striking subparagraph (C) and inserting the 
     following.--
       ``(C) The Commission may at any time, by an affirmative 
     vote of at least 4 of its members, refer a possible violation 
     of this Act or chapter 95 or 96 of the Internal Revenue Code 
     of 1986, to the Attorney General of the United States, 
     without regard to any limitation set forth in this 
     section.''.

     SEC. 509. INITIATION OF ENFORCEMENT PROCEEDING.

       Section 309(a)(2) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 437g(a)(2)) is amended by striking ``reason to 
     believe that'' and inserting ``reason to investigate 
     whether''.

     SEC. 510. PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS 
                   IN CAMPAIGNS AND ELECTIONS.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by sections 101, 401, and 
     507, is further amended by adding at the end the following 
     new section.--


 ``PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS IN CAMPAIGNS AND 
                               ELECTIONS

       ``Sec. 326. (a) In General.--Nothing in this Act may be 
     construed to prohibit any individual eligible to vote in an 
     election for Federal office from making contributions or 
     expenditures in support of a candidate for such an election 
     (including voluntary contributions or expenditures made 
     through a separate segregated fund established by the 
     individual's employer or labor organization) or otherwise 
     participating in any campaign for such an election in the 
     same manner and to the same extent as any other individual 
     eligible to vote in an election for such office.
       ``(b) No Effect on Geographic Restrictions on 
     Contributions.--Subsection (a) may not be construed to affect 
     any restriction under this title regarding the portion of 
     contributions accepted by a candidate from persons residing 
     in a particular geographic area.''.

     SEC. 511. PENALTY FOR VIOLATION OF PROHIBITION AGAINST 
                   FOREIGN CONTRIBUTIONS.

       (a) In General.--Section 319 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441e), as amended by section 
     506(b), is further amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Penalty.--
       ``(1) In general.--Except as provided in paragraph (2), 
     notwithstanding any other provision of this title any person 
     who violates subsection (a) shall be sentenced to a term of 
     imprisonment which may not be more than 10 years, fined in an 
     amount not to exceed $1,000,000, or both.
       ``(2) Exception.--Paragraph (1) shall not apply with 
     respect to any violation of subsection (a) arising from a 
     contribution or donation made by an individual who is 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(22) of the Immigration and Nationality 
     Act).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to violations occurring on or after 
     the date of the enactment of this Act.

     SEC. 512. EXPEDITED COURT REVIEW OF CERTAIN ALLEGED 
                   VIOLATIONS OF FEDERAL ELECTION CAMPAIGN ACT OF 
                   1971.

       (a) In General.--Section 309 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437g) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Notwithstanding any other provision of this section, 
     if a candidate (or the candidate's authorized committee) 
     believes that a violation described in paragraph (2) has been 
     committed with respect to an election

[[Page S13466]]

     during the 90-day period preceding the date of the election, 
     the candidate or committee may institute a civil action on 
     behalf of the Commission for relief (including injunctive 
     relief) against the alleged violator in the same manner and 
     under the same terms and conditions as an action instituted 
     by the Commission under subsection (a)(6), except that the 
     court involved shall issue a decision regarding the action as 
     soon as practicable after the action is instituted and to the 
     greatest extent possible issue the decision prior to the date 
     of the election involved.
       ``(2) A violation described in this paragraph is a 
     violation of this Act or of chapter 95 or chapter 96 of the 
     Internal Revenue Code of 1986 relating to--
       ``(A) whether a contribution is in excess of an applicable 
     limit or is otherwise prohibited under this Act; or
       ``(B) whether an expenditure is an independent expenditure 
     under section 301(17).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring after the 
     date of the enactment of this Act.

     SEC. 513. CONSPIRACY TO VIOLATE PRESIDENTIAL CAMPAIGN 
                   SPENDING LIMITS.

       (a) In General.--Section 9003 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9003) is amended by adding at the end the 
     following new subsection:
       ``(g) Prohibiting Conspiracy To Violate Limit.--
       ``(1) Violation of limits described.--If a candidate for 
     election to the office of President or Vice President who 
     receives amounts from the Presidential Election Campaign Fund 
     under chapter 95 or 96 of the Internal Revenue Code of 1986, 
     or the agent of such a candidate, seeks to avoid the spending 
     limits applicable to the candidate under such chapter or 
     under the Federal Election Campaign Act of 1971 by 
     soliciting, receiving, transferring, or directing funds from 
     any source other than such Fund for the direct or indirect 
     benefit of such candidate's campaign, such candidate or agent 
     shall be fined not more than $1,000,000, or imprisoned for a 
     term of no more than 3 years, or both.
       ``(2) Conspiracy to violate limits defined.--If two or more 
     persons conspire to violate paragraph (1), and one or more of 
     such persons do any act to effect the object of the 
     conspiracy, each shall be fined not more than $1,000,000, or 
     imprisoned for a term of not more than 3 years, or both.''.
       Effective Date.--The amendment made by this section shall 
     apply with respect to elections occurring on or after the 
     date of the enactment of this Act.

     SEC. 514. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       ``(a) In General.--Title III of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by 
     sections 101, 401, 507, and 510, is further amended by adding 
     at the end the following new section:


 ``TREATMENT OF CERTAIN CONTRIBUTIONS AND DONATIONS TO BE RETURNED TO 
                                 DONORS

       ``Sec. 327. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, 320, or 325 (other than a 
     contribution or donation returned within 30 days of receipt 
     by the committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code, against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to investigate whether that the making of the 
     contribution or donation was made in violation of this Act; 
     or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''
       ``(b) Amounts Used To Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph.--
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 326, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''
       (c) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 326.''.
       ``(d) Effective Date.--The amendments made by subsections 
     (a) and (b) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     326 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

     SEC. 515. ESTABLISHMENT OF A CLEARINGHOUSE OF INFORMATION ON 
                   POLITICAL ACTIVITIES WITHIN THE FEDERAL 
                   ELECTION COMMISSION.

       (a) Establishment.--There shall be established within the 
     Federal Election Commission a clearinghouse of public 
     information regarding the political activities of foreign 
     principals and agents of foreign principals. The information 
     comprising this clearinghouse shall include only the 
     following:
       (1) All registrations and reports filed pursuant to the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) 
     during the preceding 5-year period.
       (2) All registrations and reports filed pursuant to the 
     Foreign Agents Registration Act, as amended (22 U.S.C. 611 et 
     seq.), during the preceding 5-year period.
       (3) The listings of public hearings, hearing witnesses, and 
     witness affiliations printed in the Congressional Record 
     during the preceding 5-year period.
       (4) Public information disclosed pursuant to the rules of 
     the Senate or the House of Representatives regarding 
     honoraria, the receipt of gifts, travel, and earned and 
     unearned income.
       (5) All reports filed pursuant to title I of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.) during the preceding 
     5-year period.
       (6) All public information filed with the Federal Election 
     Commission pursuant to the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431 et seq.) during the preceding 5-year 
     period.
       (b) Disclosure of Other Information Prohibited.--The 
     disclosure by the clearinghouse, or any officer or employee 
     thereof, of any information other than that set forth in 
     subsection (a) is prohibited, except as otherwise provided by 
     law.
       (c) Director of Clearinghouse.--
       (1) Duties.--The clearinghouse shall have a Director, who 
     shall administer and manage the responsibilities and all 
     activities of the clearinghouse. In carrying out such duties, 
     the Director shall--
       (A) develop a filing, coding, and cross-indexing system to 
     carry out the purposes of this section (which shall include 
     an index of all persons identified in the reports, 
     registrations, and other information comprising the 
     clearinghouse);
       (B) notwithstanding any other provision of law, make copies 
     of registrations, reports, and other information comprising 
     the clearinghouse available for public inspection and

[[Page S13467]]

     coping, beginning not later than 30 days after the 
     information is first available to the public, and permit 
     copying of any such registration, report, or other 
     information by hand or by copying machine or, at the request 
     of any person, furnish a copy of any such registration, 
     report, or other information upon payment of the cost of 
     making and furnishing such copy, except that no information 
     contained in such registration or report and no such other 
     information shall be sold or used by any person for the 
     purpose of soliciting contributions or for any profit-making 
     purpose; and
       (C) not later than 150 days after the date of the enactment 
     of this Act and at any time thereafter, to prescribe, in 
     consultation with the Comptroller General, such rules, 
     regulations, and forms, in conformity with the provisions of 
     chapter 5 of title 5, United States Code, as are necessary to 
     carry out the provisions of this section in the most 
     effective and efficient manner.
       (2) Appointment.--The Director shall be appointed by the 
     Federal Election Commission.
       (3) Term of service.--The Director shall serve a single 
     term of a period of time determined by the Commission, but 
     not to exceed 5 years.
       (d) Penalties for Disclosure of Information.--Any person 
     who discloses information in violation of subsection (b), and 
     any person who sells or uses information for the purpose of 
     soliciting contributions or for any profit-making purpose in 
     violation of subsection (c)(1)(B), shall be imprisoned for a 
     period of not more than 1 year, or fined in the amount 
     provided in title 18, United States Code, or both.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to conduct 
     the activities of the clearinghouse.
       (f) Foreign Principal.--In this section, the term ``foreign 
     principal'' shall have the same meaning given the term 
     ``foreign national'' under section 319 of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441e), as in effect 
     as of the date of the enactment of this Act.

     SEC. 516. ENFORCEMENT OF SPENDING LIMIT ON PRESIDENTIAL AND 
                   VICE PRESIDENTIAL CANDIDATES WHO RECEIVE PUBLIC 
                   FINANCING.

       (a) In General.--Section 9003 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9003) is amended by adding at the end the 
     following new subsection.--
       ``(f) Illegal Solicitation of Soft Money.--No candidate for 
     election to the office of President or Vice President may 
     receive amounts from the Presidential Election Campaign Fund 
     under this chapter or chapter 96 unless the candidate 
     certifies that the candidate shall not solicit any funds for 
     the purposes of influencing such election, including any 
     funds used for an independent expenditure under the Federal 
     Election Campaign Act of 1971, unless the funds are subject 
     to the limitations, prohibitions, and reporting requirements 
     of the Federal Election Campaign Act of 1971.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections occurring on or after 
     the date of the enactment of this Act.

     SEC. 517. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED 
                   STATES TO MAKE POLITICAL CONTRIBUTIONS.

       Section 319(d)(2) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 441e(d)(2)), as amended by sections 506(b) and 
     511(a), is further amended by inserting after ``United 
     States'' the following: ``or a national of the United States 
     (as defined in section 101(a)(22) of the Immigration and 
     Nationality Act)''.

      TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

     SEC. 601. ESTABLISHMENT AND PURPOSE OF COMMISSION.

       There is established a commission to be known as the 
     ``Independent Commission on Campaign Finance Reform'' 
     (referred to in this title as the ``Commission''). The 
     purposes of the Commission are to study the laws relating to 
     the financing of political activity and to report and 
     recommend legislation to reform those laws.

     SEC. 602. MEMBERSHIP OF COMMISSION.

       (a) Composition.--The Commission shall be composed of 12 
     members appointed within 15 days after the date of the 
     enactment of this Act by the President from among individuals 
     who are not incumbent Members of Congress and who are 
     specially qualified to serve on the Commission by reason of 
     education, training, or experience.
       (b) Appointment.--
       (1) In general.--Members shall be appointed as follows.--
       (A) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the Speaker of the House of Representatives.
       (B) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the majority leader of the Senate.
       (C) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the minority leader of the House of 
     Representatives.
       (D) Three members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the minority leader of the Senate.
       (2) Failure to submit list of nominees.--If an official 
     described in any of the subparagraphs of paragraph (1) fails 
     to submit a list of nominees to the President during the 15-
     day period which begins on the date of the enactment of this 
     Act--
       (A) such subparagraph shall no longer apply; and
       (B) the President shall appoint three members (one of whom 
     shall be a political independent) who meet the requirements 
     described in subsection (a) and such other criteria as the 
     President may apply.
       (3) Political independent defined.--In this subsection, the 
     term ``political independent'' means an individual who at no 
     time after January 1992--
       (A) has held elective office as a member of the Democratic 
     or Republican party;
       (B) has received any wages or salary from the Democratic or 
     Republican party or from a Democratic or Republican party 
     office-holder or candidate; or
       (C) has provided substantial volunteer services or made any 
     substantial contribution to the Democratic or Republican 
     party or to a Democratic or Republican party office-holder or 
     candidate.
       (c) Chairman.--At the time of the appointment, the 
     President shall designate one member of the Commission as 
     Chairman of the Commission.
       (d) Terms.--The members of the Commission shall serve for 
     the life of the Commission.
       (e) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (f) Political Affiliation.--Not more than four members of 
     the Commission may be of the same political party.

     SEC. 603. POWERS OF COMMISSION.

       (a) Hearings.--The Commission may, for the purpose of 
     carrying out this title, hold hearings, sit and act at times 
     and places, take testimony, and receive evidence as the 
     Commission considers appropriate. In carrying out the 
     preceding sentence, the Commission shall ensure that a 
     substantial number of its meetings are open meetings, with 
     significant opportunities for testimony from members of the 
     general public.
       (b) Quorum.--Seven members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings. 
     The approval of at least nine members of the Commission is 
     required when approving all or a portion of the recommended 
     legislation. Any member of the Commission may, if authorized 
     by the Commission, take any action which the Commission is 
     authorized to take under this section.

     SEC. 604. ADMINISTRATIVE PROVISIONS.

       (a) Pay and Travel Expenses of Members.--(1) Each member of 
     the Commission shall be paid at a rate equal to the daily 
     equivalent of the annual rate of basic pay payable for level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day (including travel time) 
     during which the member is engaged in the actual performance 
     of duties vested in the Commission.
       (2) Members of the Commission shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (b) Staff Director.--The Commission shall, without regard 
     to section 5311(b) of title 5, United States Code, appoint a 
     staff director, who shall be paid at the rate of basic pay 
     payable for level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (c) Staff of Commission; Service.--
       (1) In general.--With the approval of the Commission, the 
     staff director of the Commission may appoint and fix the pay 
     of additional personnel. The Director may make such 
     appointments without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and any personnel so appointed may be paid without 
     regard to the provisions of chapter 51 and subchapter III of 
     chapter 53 of that title relating to classification and 
     General Schedule pay rates, except that an individual so 
     appointed may not receive pay in excess of the maximum annual 
     rate of basic pay payable for grade GS-15 of the General 
     Schedule under section 5332 of title 5, United States Code.
       (2) Experts and consultants.--The Commission may procure by 
     contract the temporary or intermittent services of experts or 
     consultants pursuant to section 3109 of title 5, United 
     States Code.

     SEC. 605. REPORT AND RECOMMENDED LEGISLATION.

       (a) Report.--Not later than the expiration of the 180-day 
     period which begins on the date on which the second session 
     of the One Hundred Sixth Congress adjourns sine die, the 
     Commission shall submit to the President, the Speaker and 
     minority leader of the House of Representatives, and the 
     majority and minority leaders of the Senate a report of the 
     activities of the Commission.
       (b) Recommendations; Draft of Legislation.--The report 
     under subsection (a) shall include any recommendations for 
     changes in the laws (including regulations) governing the 
     financing of political activity (taking into account the 
     provisions of this Act and the amendments made by this Act), 
     including any changes in the rules of the Senate or the House 
     of Representatives, to which nine or more members of the 
     Commission may agree, together with drafts of--
       (1) any legislation (including technical and conforming 
     provisions) recommended by the Commission to implement such 
     recommendations; and

[[Page S13468]]

       (2) any proposed amendment to the Constitution recommended 
     by the Commission as necessary to implement such 
     recommendations, except that if the Commission includes such 
     a proposed amendment in its report, it shall also include 
     recommendations (and drafts) for legislation which may be 
     implemented prior to the adoption of such proposed amendment.
       (c) Goals of Recommendations and Legislation.--In making 
     recommendations and preparing drafts of legislation under 
     this section, the Commission shall consider the following to 
     be its primary goals:
       (1) Encouraging fair and open Federal elections which 
     provide voters with meaningful information about candidates 
     and issues.
       (2) Eliminating the disproportionate influence of special 
     interest financing of Federal elections.
       (3) Creating a more equitable electoral system for 
     challengers and incumbents.

     SEC. 606. EXPEDITED CONGRESSIONAL CONSIDERATION OF 
                   LEGISLATION.

       (a) In General.--If any legislation is introduced the 
     substance of which implements a recommendation of the 
     Commission submitted under section 605(b) (including a joint 
     resolution proposing an amendment to the Constitution), 
     subject to subsection (b), the provisions of section 2908 
     (other than subsection (a)) of the Defense Base Closure and 
     Realignment Act of 1990 shall apply to the consideration of 
     the legislation in the same manner as such provisions apply 
     to a joint resolution described in section 2908(a) of such 
     Act.
       (b) Special Rules.--For purposes of applying subsection (a) 
     with respect to such provisions, the following rules shall 
     apply:
       (1) Any reference to the Committee on Armed Services of the 
     House of Representatives shall be deemed a reference to the 
     Committee on House Oversight of the House of Representatives 
     and any reference to the Committee on Armed Services of the 
     Senate shall be deemed a reference to the Committee on Rules 
     and Administration of the Senate.
       (2) Any reference to the date on which the President 
     transmits a report shall be deemed a reference to the date on 
     which the recommendation involved is submitted under section 
     605(b).
       (3) Notwithstanding subsection (d)(2) of section 2908 of 
     such Act--
       (A) debate on the legislation in the House of 
     Representatives, and on all debatable motions and appeals in 
     connection with the legislation, shall be limited to not more 
     than 10 hours, divided equally between those favoring and 
     those opposing the legislation;
       (B) debate on the legislation in the Senate, and on all 
     debatable motions and appeals in connection with the 
     legislation, shall be limited to not more than 10 hours, 
     divided equally between those favoring and those opposing the 
     legislation; and
       (C) debate in the Senate on any single debatable motion and 
     appeal in connection with the legislation shall be limited to 
     not more than 1 hour, divided equally between the mover and 
     the manager of the bill (except that in the event the manager 
     of the bill is in favor of any such motion of appeal, the 
     time in opposition thereto shall be controlled by the 
     minority leader or his designee), and the majority and 
     minority leader may each allot additional time from time 
     under such leader's control to any Senator during the 
     consideration of any debatable motion or appeal.

     SEC. 607. TERMINATION

       The Commission shall cease to exist 90 days after the date 
     of the submission of its report under section 605.

     SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     such sums as are necessary to carry out its duties under this 
     title.

TITLE VII--PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR 
                         POLITICAL FUNDRAISING

     SEC. 701. PROHIBITING USE OF WHITE HOUSE MEALS AND 
                   ACCOMMODATIONS FOR POLITICAL FUNDRAISING.

       (a) In General.--Chapter 29 of title 18, United States 
     code, is amended by adding at the end the following new 
     section:

     ``612. Prohibiting use of meals and accommodations at White 
         House for political fundraising
       ``(a) It shall be unlawful for any person to provide or 
     offer to provide any meals or accommodations at the White 
     House in exchange for any money or other thing of value, or 
     as a reward for the provision of any money or other thing of 
     value, in support of any political party of the campaign for 
     electoral office of any candidate.
       ``(b) Any person who violates this section shall be fined 
     under this title or imprisoned not more than 3 years, or 
     both.
       ``(c) For purposes of this section, any official residence 
     or retreat of the President (including private residential 
     areas and the grounds of such a residence or retreat) shall 
     be treated as part of the White House.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     29 of title 18, United States Code, is amended by adding at 
     the end the following new item:

     ``612. Prohibiting use of meals and accommodations at White 
         House for political fundraising.''.

  TITLE VIII--SENSE OF THE CONGRESS REGARDING FUNDRAISING ON FEDERAL 
                          GOVERNMENT PROPERTY

     SEC. 801. SENSE OF THE CONGRESS REGARDING APPLICABILITY OF 
                   CONTROLLING LEGAL AUTHORITY TO FUNDRAISING ON 
                   FEDERAL GOVERNMENT PROPERTY.

       It is the sense of the Congress that Federal law clearly 
     demonstrates that `controlling legal authority' under title 
     18, United States Code, prohibits the use of Federal 
     Government property to raise campaign funds.

TITLE IX--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN FEDERAL 
                          GOVERNMENT PROPERTY

     SEC. 901. PROHIBITION AGAINST ACCEPTANCE OR SOLICITATION TO 
                   OBTAIN ACCESS TO CERTAIN FEDERAL GOVERNMENT 
                   PROPERTY.

       (a) In General.--Chapter 11 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:``


    Acceptance or solicitation to obtain access to certain Federal 
                          Government property

       ``Sec. 226. Whoever solicits or receives anything of value 
     in consideration of providing a person with access to Air 
     Force One, Marine One, Air Force Two, Marine Two, the White 
     House, or the Vice President's residence, shall be fined 
     under this title, or imprisoned not more than one year, or 
     both.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     11 of title 18, United States Code, is amended by adding at 
     the end the following new item:

     ``226. Acceptance or solicitation to obtain access to certain 
         Federal Government property.''.

  TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN 
                                ACTIVITY

     SEC. 1001. REQUIRING NATIONAL PARTIES TO REIMBURSE AT COST 
                   FOR USE OF AIR FORCE ONE FOR POLITICAL 
                   FUNDRAISING.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), an amended by sections 101, 401, 507, 
     510, and 515, is further amended by adding at the end the 
     following new section:


   ``REIMBURSEMENT BY POLITICAL PARTIES FOR USE OF AIR FORCE ONE FOR 
                         POLITICAL FUNDRAISING

       ``Sec. 328. (a) In General. If the President, Vice 
     President, or the head of any executive department (as 
     defined in section 101 of title 5, United States Code) uses 
     Air Force One for transportation for any travel which 
     includes a fundraising event for the benefit of any political 
     committee of a national political party, such political 
     committee shall reimburse the Federal Government for the fair 
     market value of the transportation of the individual 
     involved, based on the cost of an equivalent commercial 
     chartered flight.
       ``(b) Air Force One Defined.--In subsection (a), the term 
     `Air Force One' means the airplane operated by the Air Force 
     which has been specially configured to carry out the mission 
     of transporting the President.''.

           TITLE XI--PROHIBITING USE OF WALKING AROUND MONEY

     SEC. 1101. PROHIBITING CAMPAIGNS FROM PROVIDING CURRENCY TO 
                   INDIVIDUALS FOR PURPOSES OF ENCOURAGING TURNOUT 
                   ON DATE OF ELECTION.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.), as amended by sections 101, 401, 507, 
     510, 515, and 1001, is further amended by adding at the end 
     the following new section:


     ``PROHIBITING USE OF CURRENCY TO PROMOTE ELECTION DAY TURNOUT

       ``Sec. 329. It shall be unlawful for any political 
     committee to provide currency to any individual (directly or 
     through an agent of the committee) for purposes of 
     encouraging the individual to appear at the polling place for 
     the election.''.

            TITLE XII--ENHANCING ENFORCEMENT OF CAMPAIGN LAW

     SEC. 1201. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW.

       (a) Mandatory Imprisonment for Criminal Conduct.--Section 
     309(d)(1)(A) of the Federal Election Campaign Act of 1971'' 
     (2 U.S.C. 437g(d)(1)(A)) is amended--
       (1) in the first sentence, by striking ``shall be fined, or 
     imprisoned for not more than one year, or both'' and 
     inserting ``shall be imprisoned for not fewer than 1 year and 
     not more than 10 years''; and
       (2) by striking the second sentence.
       (b) Concurrent Authority of Attorney General To Bring 
     Criminal Actions.--Section 309(d) of such Act (2 U.S.C. 
     437g(d)) is amended by adding at the end the following new 
     paragraph:
       ``(4) In addition to the authority to bring cases referred 
     pursuant to subsection (a)(5), the Attorney General may at 
     any time bring a criminal action for a violation of this Act 
     or of chapter 95 chapter 96 of the Internal Revenue Code of 
     1986.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to actions brought with respect to 
     elections occurring after January 1999.

 TITLE XIII--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL 
                               CANDIDATES

     SEC. 1301. BAN ON COORDINATION OF SOFT MONEY FOR ISSUE 
                   ADVOCACY BY PRESIDENTIAL CANDIDATES RECEIVING 
                   PUBLIC FINANCING.

       (a) In General.--Section 9003 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9003) is amended by adding at the end the 
     following new subsection.
       ``(f) Ban on Coordination of Soft Money for Issue 
     Advocacy.--
       ``(1) In general.--No candidate for election to the office 
     of President or Vice President who is certified to receive 
     amounts from the Presidential Election Fund under this 
     chapter or chapter 96 may coordinate the expenditure of any 
     funds for issue advocacy with

[[Page S13469]]

     any political party unless the funds are subject to the 
     limitations, prohibitions, and reporting requirements of the 
     Federal Election Campaign Act of 1971.
       ``(2) Issue advocacy defined.--In this section, the term 
     `issue advocacy' means any activity carried out for the 
     purpose of influencing the consideration or outcome of any 
     Federal legislation or the issuance or outcome of any Federal 
     regulations, or educating individuals about candidates for 
     election for Federal office or any Federal legislation, law, 
     or regulations (without regard to whether the activity is 
     carried out for the purpose of influencing any election for 
     Federal office).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections occurring on or after 
     the date of the enactment of this Act.

    TITLE XIV--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON 
                                INTERNET

     SEC. 1401. REQUIREMENT THAT NAMES OF PASSENGERS ON AIR FORCE 
                   ONE AND AIR FORCE TWO BE MADE AVAILABLE THROUGH 
                   THE INTERNET.

       (a) In General.--The President shall make available through 
     the Internet the name of any non-Government person who is a 
     passenger on an aircraft designated as Air Force One or Air 
     Force Two not later than 30 days after the date that the 
     person is a passenger on such aircraft.
       (b) Exception.--Subsection (a) shall not apply in a case in 
     which the President determines that compliance with such 
     subsection would be contrary to the national security 
     interests of the United States. In any such case, not later 
     than 30 days after the date that the person whose name will 
     not be made available through the Internet was a passenger on 
     the aircraft, the President shall submit to the chairman and 
     ranking member of the Permanent Select Committee on 
     Intelligence of the House of Representatives and of the 
     Select Committee on Intelligence of the Senate--
       (1) the name of the person; and
       (2) the justification for not making such name available 
     through the Internet.
       (c) Definition of Person.--As used in this Act, the term 
     ``non-Government person'' means a person who is not an 
     officer or employee of the United States, a member of the 
     Armed Forces, or a Member of Congress.

  TITLE XV--EXPULSION PROCEEDINGS F0R HOUSE MEMBERS RECEIVING FOREIGN 
                             CONTRIBUTIONS

     SEC. 1501. PERMITTING CONSIDERATION OF PRIVILEGED MOTION TO 
                   EXPEL HOUSE MEMBER ACCEPTING ILLEGAL FOREIGN 
                   CONTRIBUTION.

       (a) In General.--If a Member of the House of 
     Representatives is convicted of a violation of section 319 of 
     the Federal Election Campaign Act of 1971 (or any successor 
     provision prohibiting the solicitation, receipt, or 
     acceptance of a contribution from a foreign national), the 
     Committee on Standards of Official Conduct, shall immediately 
     consider the conduct of the Member and shall make a report 
     and recommendations to the House forthwith concerning that 
     Member which may include a recommendation for expulsion.
       (b) Exercise of Rulemaking Authority.--This section is 
     enacted by Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives, and as such it is deemed a part of the rules 
     of the House of Representatives, and it supersedes other 
     rules only to the extent that it is inconsistent therewith; 
     and
       (2) with full recognition of the constitutional right of 
     the House of Representatives to change the rule at any time, 
     in the same manner and to the same extent as in the case of 
     any other rule of the House of Representatives.

TITLE XVI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS

     SEC. 1601. SEVERABILITY.

       If any provision of this Act or amendment made by this Act, 
     or the application of a provision or amendment to any person 
     or circumstance, is held to be unconstitutional, the 
     remainder of this Act and amendments made by this Act, and 
     the application of the provisions and amendment to any person 
     or circumstance, shall not be affected by the holding.

     SEC. 1602. REVIEW OF CONSTITUTIONAL ISSUES.

       An appeal may be taken directly to the Supreme court of the 
     United States from any final judgment, decree, or order 
     issued by any Court ruling on the constitutionality of any 
     provision of this Act or amendment made by this Act.

     SEC. 1603. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act shall take effect upon the 
     expiration of the 90-day period which begins on the date of 
     the enactment of this Act.

     SEC. 1604. REGULATIONS.

       The Federal Election Commission shall prescribe any 
     regulations required to carry out this Act and the amendments 
     made by this Act not later than 45 days after the date of the 
     enactment of this Act.

     SEC.  DISCLOSURE REQUIREMENTS FOR CERTAIN MONEY EXPENDITURES 
                   OF POLITICAL PARTIES.

       (a) Transfers of Funds by National Political Parties.--
     Section 304(b)(4) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 434(b)(4)) is amended--
       (1) by striking ``and'' at the end of subparagraph (H);
       (2) by adding ``and'' at the end of subparagraph (I); and
       (3) by adding at the end the following new subparagraph.:
       ``(J) in the case of a political committee of a national 
     political party, all funds transferred to any political 
     committee of a State or local political party, without regard 
     to whether or not the funds are otherwise treated as 
     contributions or expenditures under this title;''.
       (b) Disclosure by State and Local Political Parties of 
     Information, Reported Under State Law.--Section 304 of 
     Federal Election Campaign Act of 1971 (2 U.S.C. 434), as 
     amended by section 4, is amended by adding at the end the 
     following:--
       ``(e) If a political committee of a State or local 
     political party is required under a State or local law to 
     submit a report to an entity of State or local government 
     regarding its disbursements, the committee shall file a copy 
     of the report with the Commission at the same time it submits 
     the report to such entity.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring after January 
     2001.

     SEC.  . PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.

       (a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 
     434(a)(11)(A)) is amended by striking ``permit reports 
     required by'' and inserting ``require reports under.''
       (b) Requiring Reports for All Contributions Made to Any 
     Political Committee Within 90 Days of Election; Requiring 
     Reports To Be Made Within 24 Hours.--Section 304(a)(6) of 
     Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is 
     amended to read as follows:
       ``(6)(A) Each political committee shall notify the 
     Secretary or the Commission, and the Secretary of State, as 
     appropriate, in writing, of any contribution received by the 
     committee during the period which begins on the 90th day 
     before an election and ends at the time the polls close for 
     such election. This notification shall be made within 24 
     hours (or, if earlier, by midnight of the day on which the 
     contribution is deposited) after the receipt of such 
     contribution and shall include the name of the candidate 
     involved (as appropriate) and the office sought by the 
     candidate, the identification of the contributor, and the 
     date of receipt and amount of the contribution.
       ``(B) The notification required under this paragraph shall 
     be in addition to all other reporting requirements under this 
     Act.''.
       (c) Increasing Electronic Disclosure.--Section 304 of 
     Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)), as 
     amended by section 6(b), is amended by adding at the end the 
     following:
       ``(f) The Commission shall make the information contained 
     in the reports submitted under this section available on the 
     Internet and publicly available at the offices of the 
     Commission as soon as practicable (but in no case later than 
     24 hours) after the information is received by the 
     Commission.''.
       (d) Effective Date.--The amendment made by this section 
     shall apply with respect to reports for periods beginning on 
     or after January 2, 2001.
                                  ____


                           Amendment No. 2377

       At the appropriate place, insert the following:

     SEC.  . MINIMUM WAGE.

       (a) Increase.--Paragraph (1) of section 6(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 
     to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.65 an hour during the year beginning on January 1, 
     2000; and
       ``(B) $6.15 an hour beginning on January 1, 2001;''.
       (b) Application to Commonwealth of the Northern Mariana 
     Islands.--The provisions of section 6 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206) shall apply to the 
     Commonwealth of the Northern Mariana Islands.
                                  ____


                           Amendment No. 2378

       On page 41, between lines 21 and 22, insert the following:
       ``(iii) Labor agreement required.--The President may not 
     designate a country as a CBTEA beneficiary country until the 
     President has negotiated with that country a side agreement 
     concerning labor standards, similar to the North American 
     Agreement on Labor Cooperation (as defined in section 
     532(b)(2) of the Trade Agreement Act of 1979 (19 U.S.C. 
     3471(b)(2)), and submitted the agreement to the Congress.
                                  ____


                           Amendment No. 2379

       At the appropriate place, insert the following:

     SEC.  . LABOR AGREEMENT REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not become available to any country until--
       (1) the President has negotiated with that country a side 
     agreement concerning labor standards, similar to the North 
     American Agreement on Labor Cooperation (as defined in 
     section 532(b)(2) of the Trade Agreements Act of 1979 (19 
     U.S.C. 3471(b)(2)); and
       (2) submitted that agreement to the Congress.

[[Page S13470]]

     
                                  ____
                           Amendment No. 2380

       On page 13, strike lines 1 through 7 and insert the 
     following:
       ``(c) Beneficiary Sub-Saharan African Countries, Etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and `beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 4 of 
     the African Growth and Opportunity Act that the President has 
     determined is eligible under subsection (a) of this section.
       ``(d) Labor Requirement.--The President may not designate a 
     country listed in section 4 of the African Growth and 
     Opportunity Act as a beneficiary sub-Saharan African country 
     eligible for the benefits described in subsection (b) until 
     the President has negotiated with that country a side 
     agreement concerning labor standards, similar to the North 
     American Agreement on Labor Cooperation (as defined in 
     section 532(b)(2) of the Trade Agreements Act of 1979 (19 
     U.S.C. 3471(b)(2)), and submitted those agreements to the 
     Congress.''.
                                  ____


                           Amendment No. 2381

       At the appropriate place in the bill, insert the following:

     SEC.   . LABOR AND ENVIRONMENTAL AGREEMENTS REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until the President has 
     negotiated with that country a side agreement concerning--
       (1) labor standards similar to the North American Agreement 
     on Labor Cooperation (as defined in section 532(b)(2) of the 
     Trade Agreements Act of 1979 (19 U.S.C. 3471(b)(2)), and
       (2) the environment similar to the Border Environment 
     Cooperation Agreement (as defined in section 533(c)(1) of the 
     Trade Agreements Act of 1979 (19 U.S.C. 3473(c)(1)), and

     submitted those agreements to the Congress.
                                  ____


                           Amendment No. 2382

       At the appropriate place insert the following:

     SEC.   . TERMINATION OF BENEFITS IF DOMESTIC INDUSTRY 
                   SUFFERS.

       The benefits provided by this Act and the amendments made 
     by this Act shall terminate immediately if the Bureau of 
     Labor Statistics determines that United States textile and 
     apparel industries have lost 50,000 or more jobs at any time 
     during the first 24 months after the date of enactment of 
     this Act.
                                  ____


                           Amendment No. 2383

       At the appropriate place insert the following:

     SEC.   . TERMINATION OF BENEFITS IF DOMESTIC INDUSTRY 
                   SUFFERS.

       The benefits provided by this Act and the amendments made 
     by this Act shall terminate immediately if the Bureau of 
     Labor Statistics determines that United States textile and 
     apparel industries have lost 100,000 or more jobs at any time 
     during the first 24 months after the date of enactment of 
     this Act.
                                  ____


                           Amendment No. 2384

       On page 41, between lines 21 and 22, insert the following:
       ``(iii) Environmental agreement required.--The President 
     may not designate a country as a CBTEA beneficiary country 
     until the President has negotiated with that country a side 
     agreement concerning the environment, similar to the Border 
     Environment Cooperation Agreement (as defined in section 
     533(c)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 
     3473(e)(1)), and submitted that agreement to the Congress.
                                  ____


                           Amendment No. 2385

       At the appropriate place in the bill, insert the following:

     SEC.   . ENVIRONMENTAL AGREEMENT REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until--
       (1) the President has negotiated with that country a side 
     agreement concerning the environment, similar to the Border 
     Environment Cooperation Agreement (as defined in section 
     533(c)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 
     3473(e)(1)); and
       (2) submitted that agreement to the Congress.
                                  ____


                           Amendment No. 2386

       On page 13, strike lines 1 through 7 and insert the 
     following:
       ``(c) Beneficiary Sub-Saharan African Countries, Etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and `beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 4 of 
     the African Growth and Opportunity Act that the President has 
     determined is eligible under subsection (a) of this section.
       ``(d) Environment Requirement.--The President may not 
     designate a country listed in section 4 of the African Growth 
     and Opportunity Act as a beneficiary sub-Saharan African 
     country eligible for the benefits described in subsection (b) 
     until the President has negotiated with that country a side 
     agreement concerning the environment, similar to the Border 
     Environment Cooperation Agreement (as defined in section 
     533(c)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 
     3473(c)(1)), and submitted the agreement to the Congress.''.
                                  ____


                           Amendment No. 2387

       At the appropriate place in the bill, insert the following:

     SEC.   . RECIPROCAL TRADE AGREEMENTS REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until the President has 
     negotiated, obtained, and implemented an agreement with that 
     country providing tariff concessions for the importation of 
     United States-made goods that reduces any such import tariffs 
     to a rate that is within 20 percent of the rates applicable 
     to Mexico under the North American Free Trade Agreement for 
     imports of United States-made goods.
                                  ____


                           Amendment No. 2388

       On page 13, strike lines 1 through 7 and insert the 
     following:
       ``(c) Beneficiary Sub-Saharan African Countries, Etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and `beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 4 of 
     the African Growth and Opportunity Act that the President has 
     determined is eligible under subsection (a) of this section.
       ``(d) Minimum Wage Requirement.--The President may not 
     designate a country listed in section 4 of the African Growth 
     and Opportunity Act as a beneficiary sub-Saharan African 
     country eligible for the benefits described in subsection (b) 
     unless the President determines that--
       ``(1) the country has established by law a requirement that 
     employees in that country who are compensated on an hourly 
     basis be compensated at a rate of not less than one dollar 
     per hour; and
       ``(2) the goods imported from that country under subsection 
     (b) are produced in accordance with that law.''.
                                  ____


                           Amendment No. 2389

       At the appropriate place, insert the following:

     SEC.   . MINIMUM WAGE REQUIREMENT.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country unless the President 
     determines that--
       (1) the country has established by law a requirement that 
     employees in that country who are compensated on an hourly 
     basis be compensated at a rate of not less than $1 per hour; 
     and
       (2) the goods imported from that country that are eligible 
     for such benefits are produced in accordance with that law.
                                  ____


                           Amendment No. 2390

       On page 13, strike lines 1 through 7 and insert the 
     following:
       ``(c) Beneficiary Sub-Saharan African Countries, Etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and `beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 4 of 
     the African Growth and Opportunity Act that the President has 
     determined is eligible under subsection (a) of this section.
       ``(d) Child Labor Requirement.--The President may not 
     designate a country listed in section 4 of the African Growth 
     and Opportunity Act as a beneficiary sub-Saharan African 
     country eligible for the benefits described in subsection (b) 
     unless the President determines that--
       ``(1) the country prohibits by law the employment of 
     children under the age of 14 in the manufacture and 
     production of goods; and
       ``(2) no goods exported from that country to the United 
     States produced in violation of that law receive those 
     benefits.''.
                                  ____


                           Amendment No. 2391

       At the appropriate place, insert the following:

     SEC.   . CHILD LABOR LAW REQUIREMENT.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country unless the President 
     determines that--
       (1) the country prohibits by law the employment of children 
     under the age of 14 in the manufacture and production of 
     goods; and
       (2) no goods exported from that country to the United 
     States produced in violation of that law receive those 
     benefits.
                                 ______
                                 

                LEVIN (AND MOYNIHAN) AMENDMENT NO. 2392

  (Ordered to lie on the table.)
  Mr. LEVIN (for himself and Mr. Moynihan) submitted an amendment 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

       On page 36, beginning on line 3, strike all through page 
     41, line 21, and insert the following:
       ``(B) CBTEA beneficiary country.--The term `CBTEA 
     beneficiary country' means any `beneficiary country', as 
     defined by section 212(a)(1)(A) of this title, which the 
     President designates as a CBTEA beneficiary country, taking 
     into account the following criteria:
       ``(i) Whether a beneficiary country has demonstrated a 
     commitment to--

       ``(I) undertake its obligations under the WTO on or ahead 
     of schedule;

[[Page S13471]]

       ``(II) participate in negotiations toward the completion of 
     the FTAA or a comparable trade agreement; and
       ``(III) undertake other steps necessary for that country to 
     become a party to the FTAA or a comparable trade agreement.

       ``(ii) The extent to which the country follows accepted 
     rules of international trade provided for under the 
     agreements listed in section 101(d) of the Uruguay Round 
     Agreements Act.
       ``(iii) The extent to which the country provides protection 
     of intellectual property rights--

       ``(I) in accordance with standards established in the 
     Agreement on Trade-Related Aspects of Intellectual Property 
     Rights described in section 101(d)(15) of the Uruguay Round 
     Agreements Act;
       ``(II) in accordance with standards established in chapter 
     17 of the NAFTA; and
       ``(III) by granting the holders of copyrights the ability 
     to control the importation and sale of products that embody 
     copyrighted works, extending the period set forth in Article 
     1711(6) of NAFTA for protecting test data for agricultural 
     chemicals to 10 years, protecting trademarks regardless of 
     their subsequent designation as geographic indications, and 
     providing enforcement against the importation of infringing 
     products at the border.

       ``(iv) The extent to which the country provides protections 
     to investors and investments of the United States 
     substantially equivalent to those set forth in chapter 11 of 
     the NAFTA.
       ``(v) The extent to which the country provides the United 
     States and other WTO members nondiscriminatory, equitable, 
     and reasonable market access with respect to the products for 
     which benefits are provided under paragraphs (2) and (3), and 
     in other relevant product sectors as determined by the 
     President.
       ``(vi) The extent to which the country provides 
     internationally recognized worker rights, including--

       ``(I) the right of association,
       ``(II) the right to organize and bargain collectively,
       ``(III) prohibition on the use of any form of coerced or 
     compulsory labor,
       ``(IV) a minimum age for the employment of children, and
       ``(V) acceptable conditions of work with respect to minimum 
     wages, hours of work, and occupational safety and health;

       ``(vii) Whether the country has met the counter-narcotics 
     certification criteria set forth in section 490 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291j) for 
     eligibility for United States assistance.
       ``(viii) The extent to which the country becomes a party to 
     and implements the Inter-American Convention Against 
     Corruption, and becomes party to a convention regarding the 
     extradition of its nationals.
       ``(ix) The extent to which the country--

       ``(I) supports the multilateral and regional objectives of 
     the United States with respect to government procurement, 
     including the negotiation of government procurement 
     provisions as part of the FTAA and conclusion of a WTO 
     transparency agreement as provided in the declaration of the 
     WTO Ministerial Conference held in Singapore on December 9 
     through 13, 1996; and
       ``(II) applies transparent and competitive procedures in 
     government procurement equivalent to those contained in the 
     WTO Agreement on Government Procurement (described in section 
     101(d)(17) of the Uruguay Round Agreements Act).

       ``(x) The extent to which the country follows the rules on 
     customs valuation set forth in the WTO Agreement on 
     Implementation of Article VII of the GATT 1994 (described in 
     section 101(d)(8) of the Uruguay Round Agreements Act).
       ``(xi) The extent to which the country affords to products 
     of the United States which the President determines to be of 
     commercial importance to the United States with respect to 
     such country, and on a nondiscriminatory basis to like 
     products of other WTO members, tariff treatment that is no 
     less favorable than the most favorable tariff treatment 
     provided by the country to any other country pursuant to any 
     free trade agreement to which such country is a party, other 
     than the Central American Common Market or the Caribbean 
     Community and Common Market.
                                 ______
                                 

                BOXER (AND JEFFORDS) AMENDMENT NO. 2393

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself and Mr. Jeffords) submitted an amendment 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

       At the appropriate place, add the following:
       Sec.   . (a) Findings.--Congress finds that:
       (1) Decertification affects approximately one-sixth of the 
     world's population and one-quarter of the total land area;
       (2) Over one million hectares of Africa are affected by 
     desertification;
       (3) Dryland degradation is an underlying cause of recurrent 
     famine in Africa;
       (4) The United Nations Environment Programme estimates that 
     desertification costs the world $42 billion a year, not 
     including incalculable costs in human suffering; and
       (5) The United States can strengthen its partnerships 
     throughout Africa and other nations affected by 
     desertification, help alleviate social and economic crises 
     caused by misuse of natural resources, and reduce dependence 
     on foreign aid, by taking a leading role to combat 
     desertification.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that the United States should expeditiously work with the 
     international community, particularly Africa and other 
     nations affected by desertification, to:
       (1) strengthen international cooperation to combat 
     desertification;
       (2) promote the development of national and regional 
     strategies to address desertification;
       (3) develop and implement national action programs that 
     identify the causes of desertification and measures to 
     address it; and
       (4) recognize the essential role of local governments and 
     non-governmental organizations in developing and implementing 
     measures to address by desertification.
                                 ______
                                 

                       JOHNSON AMENDMENT NO. 2394

  (Ordered to lie on the table.)
  Mr. JOHNSON submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____LABELING OF IMPORTED MEAT AND MEAT FOOD PRODUCTS.

       (a) Definitions.--Section 1 of the Federal Meat Inspection 
     Act (21 U.S.C. 601) is amended by adding at the end the 
     following:
       ``(w) Beef.--The term `beef' means meat produced from 
     cattle (including veal).
       ``(x) Imported beef.--The term `imported beef' means beef 
     that is not United States beef, whether or not the beef is 
     graded with a quality grade issued by the Secretary.
       ``(y) Imported lamb.--The term `imported lamb' means lamb 
     that is not United States lamb, whether or not the lamb is 
     graded with a quality grade issued by the Secretary.
       ``(z) Imported pork.--The term `imported pork' means pork 
     that is not United States pork.
       ``(aa) Lamb.--The term `lamb' means meat, other than 
     mutton, produced from sheep.
       ``(bb) Pork.--The term `pork' means meat produced from 
     hogs.
       ``(cc) United states beef.--
       ``(1) In general.--The term `United States beef' means beef 
     produced from cattle slaughtered in the United States.
       ``(2) Exclusion.--The term `United States beef' does not 
     include beef produced from cattle imported into the United 
     States in sealed trucks for slaughter.
       ``(dd) United states lamb.--
       ``(1) In general.--The term `United States lamb' means lamb 
     produced from sheep slaughtered in the United States.
       ``(2) Exclusion.--The term `United States lamb' does not 
     include lamb produced from sheep imported into the United 
     States in sealed trucks for slaughter.
       ``(ee) United states pork.--
       ``(1) In general.--The term `United States pork' means pork 
     produced from hogs slaughtered in the United States.
       ``(2) Exclusion.--The term `United States pork' does not 
     include pork produced from hogs imported into the United 
     States in sealed trucks for slaughter.''.
       (b) Misbranding.--Section 1(n) of the Federal Meat 
     Inspection Act (21 U.S.C. 601(n)) is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(13)(A) if it is imported beef, imported lamb, or 
     imported pork offered for retail sale as muscle cuts of beef, 
     lamb, or pork and does not bear a label that identifies its 
     country of origin;
       ``(B) if it is United States beef, United States lamb, or 
     United States pork offered for retail sale as muscle cuts of 
     beef, lamb, or pork, and does not bear a label that 
     identifies its country of origin; or
       ``(C) if it is United States or imported ground beef, 
     ground lamb, or ground pork and is not accompanied by 
     labeling that identifies it as United States beef, United 
     States lamb, United States pork, imported beef, imported 
     lamb, imported pork, or other designation that identifies the 
     content of United States beef, imported beef, United States 
     lamb, imported lamb, United States pork, and imported pork 
     contained in the product, as determined by the Secretary.''.
       (c) Labeling.--Section 7 of the Federal Meat Inspection Act 
     (21 U.S.C. 607) is amended by adding at the end the 
     following:
       ``(g) Mandatory Labeling.--The Secretary shall provide by 
     regulation that the following offered for retail sale bear a 
     label that identifies its country of origin:
       ``(1) Muscle cuts of United States beef, United States 
     lamb, United States pork, imported beef, imported lamb, and 
     imported pork.
       ``(2) Ground beef, ground lamb, and ground pork.
       ``(h) Audit Verification System for United States and 
     Imported Muscle Cuts of Beef, Lamb, and Pork and Ground Beef, 
     Lamb, and Pork.--The Secretary may require by regulation that 
     any person that prepares, stores, handles, or distributes 
     muscle cuts of United States beef, imported beef, United 
     States lamb, imported lamb, United States pork, imported 
     pork, ground beef, ground lamb, or ground pork for retail 
     sale maintain a verifiable recordkeeping audit

[[Page S13472]]

     trail that will permit the Secretary to ensure compliance 
     with the regulations promulgated under subsection (g).''.
       (d) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     promulgate final regulations to carry out the amendments made 
     by this section.
       (e) Effective Date.--The amendments made by this section 
     take effect 60 days after the date on which final regulations 
     are promulgated under subsection (e).
                                 ______
                                 

                 SANTORUM (AND BYRD) AMENDMENT NO. 2395

  (Ordered to lie on the table.)
  Mr. SANTORUM (for himself, and Mr. Byrd) submitted an amendment 
intended to be proposed by them to the bill, H.R. 434, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC. ____. MORATORIUM ON ANTIDUMPING AND COUNTERVAILING DUTY 
                   AGREEMENTS.

       (a) Findings.--The Senate makes the following findings:
       (1) The Senate is deeply concerned that, in connection with 
     the World Trade Organization (``WTO'') Ministerial meeting to 
     be held in Seattle, Washington, and the multilateral trade 
     negotiations expected to follow, a few countries are seeking 
     to circumvent the agreed list of negotiating topics and 
     reopen debate over the WTO's antidumping and antisubsidy 
     rules.
       (2) Strong antidumping and antisubsidy rules are a 
     cornerstone of the liberal trade policy of the United States 
     and are essential to the health of the manufacturing and farm 
     sectors in the United States.
       (3) It has long been and remains the policy of the United 
     States to support its antidumping and antisubsidy laws and to 
     defend those laws in international negotiations.
       (4) The WTO antidumping and antisubsidy rules concluded in 
     the Uruguay Round have scarcely been tested since they 
     entered into effect and certainly have not proved defective.
       (5) Opening these rules to renegotiation could only lead to 
     weakening them, which would in turn lead to even greater 
     abuse of the world's open markets, particularly that of the 
     United States.
       (6) Conversely, avoiding another divisive fight over these 
     rules is the best way to promote progress on the other, far 
     more important, issues facing WTO members.
       (7) It is therefore essential that negotiations on these 
     antidumping and antisubsidy matters not be reopened under the 
     auspices of the WTO or otherwise.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should--
       (1) not participate in any international negotiation in 
     which antidumping or antisubsidy rules are part of the 
     negotiating agenda;
       (2) refrain from submitting for congressional approval 
     agreements that require changes to the current antidumping 
     and countervailing duty laws and enforcement policies of the 
     United States; and
       (3) enforce the antidumping and countervailing duty laws 
     vigorously in all pending and future cases.
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 2396

  (Ordered to lie on the table.)
  Mr. BROWNBACK submitted an amendment intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

       At the end of the bill, insert the following new title:

                TITLE ____--RECIPROCAL TRADE AGREEMENTS

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Reciprocal Trade 
     Agreements Act of 1999''.

     SEC. ____02. TRADE NEGOTIATING OBJECTIVES OF THE UNITED 
                   STATES.

       (a) Statement of Purposes.--The purposes of this title are 
     to achieve, through trade agreements affording mutual 
     benefits--
       (1) more open, equitable, and reciprocal market access for 
     United States goods, services, and investment;
       (2) the reduction or elimination of barriers and other 
     trade-distorting policies and practices;
       (3) a more effective system of international trading 
     disciplines and procedures; and
       (4) economic growth, higher living standards, and full 
     employment in the United States, and economic growth and 
     development among United States trading partners.
       (b) Principal Trade Negotiating Objectives.--The principal 
     trade negotiating objectives of the United States for 
     agreements subject to the provisions of section ____03 
     include the following:
       (1) Reduction of barriers to trade in goods.--The principal 
     negotiating objective of the United States regarding barriers 
     to trade in goods is to obtain competitive opportunities for 
     United States exports in foreign markets substantially 
     equivalent to the opportunities afforded foreign exports to 
     United States markets, including the reduction or elimination 
     of tariff and nontariff trade barriers, including--
       (A) tariff and nontariff disparities remaining from 
     previous rounds of multilateral trade negotiations that have 
     put United States exports at a competitive disadvantage in 
     world markets;
       (B) measures identified in the annual report prepared under 
     section 181 of the Trade Act of 1974 (19 U.S.C. 2241); and
       (C) tariff elimination for products identified in section 
     111(b) of the Uruguay Round Agreements Act (19 U.S.C. 
     3521(b)) and the accompanying Statement of Administrative 
     Action related to that section.
       (2) Trade in services.--
       (A) The principal negotiating objectives of the United 
     States regarding trade in services are--
       (i) to reduce or eliminate barriers to, or other 
     distortions of, international trade in services, including 
     regulatory and other barriers that deny national treatment or 
     unreasonably restrict the establishment and operation of 
     service suppliers in foreign markets; and
       (ii) to develop internationally agreed rules, including 
     dispute settlement procedures, that--

       (I) are consistent with the commercial policies of the 
     United States, and
       (II) will reduce or eliminate such barriers or distortions, 
     and help ensure fair, equitable opportunities for foreign 
     markets.

       (B) In pursuing the negotiating objectives described in 
     subparagraph (A), United States negotiators shall take into 
     account legitimate United States domestic objectives, 
     including protection of legitimate health, safety, essential 
     security, environmental, consumer, and employment opportunity 
     interests. The preceding sentence shall not be construed to 
     authorize any modification of United States law.
       (3) Foreign investment.--
       (A) The principal negotiating objectives of the United 
     States regarding foreign investment are--
       (i) to reduce or eliminate artificial or trade-distorting 
     barriers to foreign investment, to expand the principle of 
     national treatment, and to reduce unreasonable barriers to 
     establishment; and
       (ii) to develop internationally agreed rules through the 
     negotiation of investment agreements, including dispute 
     settlement procedures, that--

       (I) will help ensure a free flow of foreign investment, and
       (II) will reduce or eliminate the trade distortive effects 
     of certain trade-related investment measures.

       (B) In pursuing the negotiating objectives described in 
     subparagraph (A), United States negotiators shall take into 
     account legitimate United States domestic objectives, 
     including protection of legitimate health, safety, essential 
     security, environmental, consumer, and employment opportunity 
     interests. The preceding sentence shall not be construed to 
     authorize any modification of United States law.
       (4) Intellectual property.--The principal negotiating 
     objectives of the United States regarding intellectual 
     property are--
       (A) to further promote adequate and effective protection of 
     intellectual property rights, by--
       (i) seeking the enactment and effective enforcement by 
     foreign countries of laws that--

       (I) recognize and adequately protect intellectual property, 
     including copyrights, patents, trademarks, semiconductor chip 
     layout designs, and trade secrets, and
       (II) provide protection against unfair competition;

       (ii) accelerating and ensuring the full implementation of 
     the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights referred to in section 101(d)(15) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)), and 
     achieving improvements in the standards of that Agreement;
       (iii) providing strong protection for new and emerging 
     technologies and new methods of transmitting and distributing 
     products embodying intellectual property;
       (iv) preventing or eliminating discrimination with respect 
     to matters affecting the availability, acquisition, scope, 
     maintenance, use, and enforcement of intellectual property 
     rights; and
       (v) providing for strong enforcement of intellectual 
     property rights through accessible, expeditious, and 
     effective civil, administrative, and criminal enforcement 
     mechanisms;
       (B) to secure fair, equitable, and nondiscriminatory market 
     access opportunities for United States persons that rely on 
     intellectual property protection; and
       (C) to recognize that the inclusion in the WTO of--
       (i) adequate and effective substantive norms and standards 
     for the protection and enforcement of intellectual property 
     rights, and
       (ii) dispute settlement provisions and enforcement 
     procedures,
     is without prejudice to other complementary initiatives 
     undertaken in other international organizations.
       (5) Agriculture.--The principal negotiating objectives of 
     the United States with respect to agriculture are, in 
     addition to those set forth in section 1123(b) of the Food 
     Security Act of 1985 (7 U.S.C. 1736r(b)), to achieve, on an 
     expedited basis to the maximum extent feasible, more open and 
     fair conditions of trade in agricultural commodities by--
       (A) developing, strengthening, and clarifying rules for 
     agricultural trade, including disciplines on restrictive or 
     trade-distorting import and export practices such as those 
     that would impact perishable or cyclical products;

[[Page S13473]]

       (B) increasing United States agricultural exports by 
     eliminating barriers to trade (including transparent and 
     nontransparent barriers) and reducing or eliminating the 
     subsidization of agricultural production consistent with the 
     United States policy of agricultural stabilization in 
     cyclical and unpredictable markets;
       (C) creating a free and more open world agricultural 
     trading system by resolving questions pertaining to export 
     and other trade-distorting subsidies, market pricing, and 
     market access;
       (D) eliminating or reducing substantially other specific 
     constraints to fair trade and more open market access, such 
     as tariffs, quotas, and other nontariff practices; and
       (E) developing, strengthening, and clarifying rules that 
     address practices that unfairly decrease United States market 
     access opportunities or distort agricultural markets to the 
     detriment of the United States, including--
       (i) unfair or trade-distorting activities of state trading 
     enterprises and other administrative mechanisms, including 
     lack of price transparency;
       (ii) unjustified restrictions or commercial requirements 
     affecting new technologies, including biotechnology;
       (iii) unjustified sanitary or phytosanitary restrictions;
       (iv) other unjustified technical barriers to trade; and
       (v) restrictive rules in the administration of tariff-rate 
     quotas.
       (6) Unfair trade practices.--The principal negotiating 
     objectives of the United States with respect to unfair trade 
     practices are--
       (A) to enhance the operation and effectiveness of the 
     relevant Uruguay Round Agreements and any other agreements 
     designed to define, deter, discourage the persistent use of, 
     and otherwise discipline, unfair trade practices having 
     adverse trade effects, including forms of subsidy and dumping 
     not adequately disciplined, such as resource input subsidies, 
     diversionary dumping, dumped or subsidized inputs, third 
     country dumping, circumvention of antidumping or 
     countervailing duty orders, and export targeting practices; 
     and
       (B) to obtain the enforcement of WTO rules against--
       (i) trade-distorting practices of state trading 
     enterprises, and
       (ii) the acts, practices, or policies of any foreign 
     government which, as a practical matter, unreasonably require 
     that--

       (I) substantial direct investment in the foreign country be 
     made,
       (II) intellectual property be licensed to the foreign 
     country or to any firm of the foreign country, or
       (III) other collateral concessions be made,

     as a condition for the importation of any product or service 
     of the United States into the foreign country or as a 
     condition for carrying on business in the foreign country.
       (7) Safeguards.--The principal negotiating objectives of 
     the United States regarding safeguards are--
       (A) to improve and expand rules and procedures covering 
     safeguard measures;
       (B) to ensure that safeguard measures are--
       (i) transparent,
       (ii) temporary,
       (iii) degressive, and
       (iv) subject to review and termination when no longer 
     necessary to remedy injury and to facilitate adjustment; and
       (C) to require notification of, and to monitor the use by, 
     WTO members of import relief actions for their domestic 
     industries.
       (8) Improvement of the wto and multilateral trade 
     agreements.--The principal negotiating objectives of the 
     United States regarding the improvement of the WTO and other 
     multilateral trade agreements are--
       (A) to improve the operation and extend the coverage of the 
     WTO and such agreements to products, sectors, and conditions 
     of trade not adequately covered; and
       (B) to expand country participation in particular 
     agreements, where appropriate.
       (9) Dispute settlement.--The principal negotiating 
     objectives of the United States with respect to dispute 
     settlement are--
       (A) to provide for effective and expeditious dispute 
     settlement mechanisms and procedures in any trade agreement 
     entered into under this authority; and
       (B) to ensure that such mechanisms within the WTO and 
     agreements concluded under the auspices of the WTO provide 
     for more effective and expeditious resolution of disputes and 
     enable better enforcement of United States rights.
       (10) Transparency.--The principal negotiating objective of 
     the United States regarding transparency is to obtain broader 
     application of the principle of transparency through 
     increased public access to information regarding trade 
     issues, clarification of the costs and benefits of trade 
     policy actions, and the observance of open and equitable 
     procedures by United States trading partners and within the 
     WTO.
       (11) Developing countries.--The principal negotiating 
     objectives of the United States regarding developing 
     countries are--
       (A) to ensure that developing countries promote economic 
     development by assuming the fullest possible measure of 
     responsibility for achieving and maintaining an open 
     international trading system by providing reciprocal benefits 
     and assuming equivalent obligations with respect to their 
     import and export practices; and
       (B) to establish procedures for reducing nonreciprocal 
     trade benefits for the more advanced developing countries.
       (12) Current account surpluses.--The principal negotiating 
     objective of the United States regarding current account 
     surpluses is to promote policies to address large and 
     persistent global current account imbalances of countries 
     (including imbalances which threaten the stability of the 
     international trading system), by imposing greater 
     responsibility on such countries to undertake policy changes 
     aimed at restoring current account equilibrium through 
     expedited implementation of trade agreements where feasible 
     and appropriate.
       (13) Access to high technology.--
       (A) The principal negotiating objective of the United 
     States regarding access to high technology is to obtain the 
     elimination or reduction of foreign barriers to, and acts, 
     policies, or practices by foreign governments which limit, 
     equitable access by United States persons to foreign-
     developed technology, including barriers, acts, policies, or 
     practices which have the effect of--
       (i) restricting the participation of United States persons 
     in government-supported research and development projects;
       (ii) denying equitable access by United States persons to 
     government-held patents;
       (iii) requiring the approval of government entities, or 
     imposing other forms of government intervention, as a 
     condition of granting licenses to United States persons by 
     foreign persons (other than approval which may be necessary 
     for national security purposes to control the export of 
     critical military technology); and
       (iv) otherwise denying equitable access by United States 
     persons to foreign-developed technology or contributing to 
     the inequitable flow of technology between the United States 
     and its trading partners.
       (B) In pursuing the negotiating objective described in 
     subparagraph (A), the United States negotiators shall take 
     into account United States Government policies in licensing 
     or otherwise making available to foreign persons technology 
     and other information developed by United States 
     laboratories.
       (14) Border taxes.--The principal negotiating objective of 
     the United States regarding border taxes is, within the WTO, 
     to obtain a revision of the treatment of border 
     adjustments for internal taxes in order to redress the 
     disadvantage to countries that rely primarily on direct 
     taxes rather than indirect taxes for revenue.
       (15) Regulatory competition.--The principal trade 
     negotiating objectives of the United States regarding the use 
     of government regulation or other practices by foreign 
     governments to provide a competitive advantage to their 
     domestic producers, service providers, or investors and 
     thereby reduce market access for United States goods, 
     services, and investment are--
       (A) to ensure that government regulation and other 
     government practices do not unfairly discriminate against 
     United States goods, services, or investment; and
       (B) to prevent the use of foreign government regulation and 
     other government practices, including the lowering of, or 
     derogation from, existing labor (including child labor), 
     health and safety, or environmental standards, for the 
     purpose of attracting investment or inhibiting United States 
     exports.
     Nothing in subparagraph (B) shall be construed to authorize 
     in an implementing bill, or in an agreement subject to an 
     implementing bill, the inclusion of provisions that would 
     restrict the autonomy of the United States in these areas.
       (c) International Economic Policy Objectives Designed To 
     Reinforce the Trade Agreements Process.--
       (1) In general.--It is the policy of the United States to 
     reinforce the trade agreements process by--
       (A) fostering stability in international currency markets 
     and developing mechanisms to assure greater coordination, 
     consistency, and cooperation between international trade and 
     monetary systems and institutions in order to protect against 
     the trade consequences of significant and unanticipated 
     currency movements;
       (B) supplementing and strengthening standards for 
     protection of intellectual property rights under conventions 
     designed to protect such rights that are administered by 
     international organizations other than the WTO, expanding the 
     conventions to cover new and emerging technologies, and 
     eliminating discrimination and unreasonable exceptions or 
     preconditions to such protection;
       (C) promoting respect for workers' rights, by--
       (i) reviewing the relationship between workers' rights and 
     the operation of international trading systems and specific 
     trade arrangements; and
       (ii) seeking to establish in the International Labor 
     Organization (referred to in this title as the ``ILO'') a 
     mechanism for the systematic examination of, and reporting 
     on, the extent to which ILO members promote and enforce the 
     freedom of association, the right to organize and bargain 
     collectively, a prohibition on the use of forced labor, a 
     prohibition on exploitative child labor, and a prohibition on 
     discrimination in employment; and
       (D) expanding the production of goods and trade in goods 
     and services to ensure the optimal use of the world's 
     resources, while seeking to protect and preserve the 
     environment and to enhance the international means for doing 
     so.

[[Page S13474]]

       (2) Application of procedures.--Nothing in this subsection 
     shall be construed to authorize the use of the trade 
     agreement approval procedures described in section ____03 to 
     modify United States law.

     SEC. ____03. TRADE AGREEMENT NEGOTIATING AUTHORITY.

       (a) Agreements Regarding Tariff Barriers.--
       (1) In general.--Whenever the President determines that 1 
     or more existing duties or other import restrictions of any 
     foreign country or the United States are unduly burdening and 
     restricting the foreign trade of the United States and that 
     the purposes, policies, and objectives of this title will be 
     promoted thereby, the President--
       (A) may enter into trade agreements with foreign countries 
     before--
       (i) October 1, 2001, or
       (ii) October 1, 2005, if the authority provided by this 
     title is extended under subsection (c); and
       (B) may, consistent with paragraphs (2) through (5), 
     proclaim--
       (i) such modification or continuance of any existing duty,
       (ii) such continuance of existing duty-free or excise 
     treatment, or
       (iii) such additional duties,
     as the President determines to be required or appropriate to 
     carry out any such trade agreement.
       (2) Limitations.--No proclamation may be made under 
     paragraph (1) that--
       (A) reduces any rate of duty (other than a rate of duty 
     that does not exceed 5 percent ad valorem on the date of 
     enactment of this Act) to a rate which is less than 50 
     percent of the rate of such duty that applies on such date of 
     enactment;
       (B) provides for a reduction of duty on an article to take 
     effect on a date that is more than 10 years after the first 
     reduction that is proclaimed to carry out a trade agreement 
     with respect to such article; or
       (C) increases any rate of duty above the rate that applied 
     on the date of enactment of this Act.
       (3) Aggregate reduction; exemption from staging.--
       (A) Aggregate reduction.--Except as provided in 
     subparagraph (B), the aggregate reduction in the rate of duty 
     on any article which is in effect on any day pursuant to a 
     trade agreement entered into under paragraph (1) shall not 
     exceed the aggregate reduction which would have been in 
     effect on such day if--
       (i) a reduction of 3 percent ad valorem or a reduction of 
     one-tenth of the total reduction, whichever is greater, had 
     taken effect on the effective date of the first reduction 
     proclaimed under paragraph (1) to carry out such agreement 
     with respect to such article; and
       (ii) a reduction equal to the amount applicable under 
     clause (i) had taken effect at 1-year intervals after the 
     effective date of such first reduction.
       (B) Exemption from staging.--No staging under subparagraph 
     (A) is required with respect to a rate reduction that is 
     proclaimed under paragraph (1) for an article of a kind that 
     is not produced in the United States. The United States 
     International Trade Commission shall advise the President of 
     the identity of articles that may be exempted from staging 
     under this subparagraph.
       (4) Rounding.--If the President determines that such action 
     will simplify the computation of reductions under paragraph 
     (3), the President may round an annual reduction by the 
     lesser of--
       (A) the difference between the reduction without regard to 
     this paragraph and the next lower whole number; or
       (B) one-half of 1 percent ad valorem.
       (5) Other limitations.--A rate of duty reduction or 
     increase that may not be proclaimed by reason of paragraph 
     (2) may take effect only if a provision authorizing such 
     reduction or increase is included within an implementing bill 
     provided for under section ____05 and that bill is enacted 
     into law.
       (6) Expanded tariff proclamation authority.--
       (A) In general.--Notwithstanding the provisions of 
     paragraphs (1) through (5), before October 1, 2001 (or before 
     October 1, 2005, if the authority provided by this title is 
     extended under subsection (c)), and subject to the 
     consultation and layover requirements of section 115 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3524) and the 
     notification and consultation requirements of section 
     ____04(a) of this title, the President may proclaim the 
     modification of any duty or staged rate reduction of any duty 
     set forth in Schedule XX, as defined in section 2(5) of the 
     Uruguay Round Agreements Act, if the United States has agreed 
     to such modification or staged rate reduction in a 
     negotiation for the reciprocal elimination or harmonization 
     of duties, within the same tariff categories, under the 
     auspices of the World Trade Organization or as part of an 
     interim agreement leading to the formation of a regional 
     free-trade area.
       (B) Notice required.--The modification or staged rate 
     reduction authorized under subparagraph (A) with respect to 
     any negotiation initiated after the date of enactment of this 
     Act may be proclaimed only on articles in tariff categories 
     with respect to which the President has provided notice in 
     accordance with section ____04(a).
       (7) Tariff modifications under uruguay round agreements 
     act.--Nothing in this subsection shall limit the authority 
     provided to the President under section 111(b) of the Uruguay 
     Round Agreements Act.
       (b) Agreements Regarding Tariff and Nontariff Barriers.--
       (1) In general.--
       (A) Determination by president.--Whenever the President 
     determines that--
       (i) any duty or other import restriction imposed by any 
     foreign country or the United States or any other barrier to, 
     or other distortion of, international trade--

       (I) unduly burdens or restricts the foreign trade of the 
     United States or adversely affects the United States economy, 
     or
       (II) is likely to result in such a burden, restriction, or 
     effect, and

       (ii) the purposes, policies, and objectives of this title 
     will be promoted thereby,
     the President may, before October 1, 2001 (or before October 
     1, 2005, if the authority provided under this title is 
     extended under subsection (c)) enter into a trade agreement 
     described in subparagraph (B).
       (B) Trade agreement described.--A trade agreement described 
     in this subparagraph means an agreement with a foreign 
     country that provides for--
       (i) the reduction or elimination of such duty, restriction, 
     barrier, or other distortion; or
       (ii) the prohibition of, or limitation on the imposition 
     of, such barrier or other distortion.
       (2) Conditions.--A trade agreement may be entered into 
     under this subsection only if--
       (A) such agreement makes progress in meeting the applicable 
     objectives described in section ____02(b); and
       (B) the President satisfies the conditions set forth in 
     section ____04 with respect to such agreement.
       (3) Bills qualifying for trade agreement approval 
     procedures.--The provisions of section 151 of the Trade Act 
     of 1974 (in this title referred to as ``trade agreement 
     approval procedures'') apply to implementing bills submitted 
     with respect to trade agreements entered into under this 
     subsection, except that, for purposes of applying section 
     151(b)(1), such implementing bills shall contain only--
       (A) provisions that approve a trade agreement entered into 
     under this subsection that achieves one or more of the 
     principal negotiating objectives set forth in section 
     ____02(b) and the statement of administrative action (if any) 
     proposed to implement such trade agreement;
       (B) provisions that are--
       (i) necessary to implement such agreement; or
       (ii) otherwise related to the implementation, enforcement, 
     and adjustment to the effects of such trade agreement and are 
     directly related to trade; and
       (C) provisions necessary for purposes of complying with 
     section 252 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 in implementing the applicable trade 
     agreement.
       (c) Extension Procedures.--
       (1) In general.--Except as provided in section ____05(b)--
       (A) subsections (a) and (b) shall apply with respect to 
     agreements entered into before October 1, 2001; and
       (B) subsections (a) and (b) shall be extended to apply with 
     respect to agreements entered into on or after October 1, 
     2001, and before October 1, 2005, if (and only if)--
       (i) the President requests such extension under paragraph 
     (2); and
       (ii) neither House of Congress adopts an extension 
     disapproval resolution under paragraph (5) before October 1, 
     2001.
       (2) Report to congress by the president.--If the President 
     is of the opinion that the authority under subsections (a) 
     and (b) should be extended, the President shall submit to 
     Congress, not later than July 1, 2001, a written report that 
     contains a request for such extension, together with--
       (A) a description of all trade agreements that have been 
     negotiated under subsections (a) and (b) and, where 
     applicable, the anticipated schedule for submitting such 
     agreements to Congress for approval;
       (B) a description of the progress that has been made in 
     negotiations to achieve the purposes, policies, and 
     objectives set out in section ____02 (a) and (b) of this 
     title, and a statement that such progress justifies the 
     continuation of negotiations; and
       (C) a statement of the reasons why the extension is needed 
     to complete the negotiations.
       (3) Report to congress by the advisory committee.--The 
     President shall promptly inform the Advisory Committee for 
     Trade Policy and Negotiations established under section 135 
     of the Trade Act of 1974 (19 U.S.C. 2155) of the President's 
     decision to submit a report to Congress under paragraph (2). 
     The Advisory Committee shall submit to Congress as soon as 
     practicable, but not later than August 1, 2001, a written 
     report that contains--
       (A) its views regarding the progress that has been made in 
     negotiations to achieve the purposes, policies, and 
     objectives of this title; and
       (B) a statement of its views, and the reasons therefor, 
     regarding whether the extension requested under paragraph (2) 
     should be approved or disapproved.
       (4) Reports may be classified.--The reports submitted to 
     Congress under paragraphs (2) and (3), or any portion of the 
     reports, may be classified to the extent the President 
     determines appropriate.
       (5) Extension disapproval resolutions.--
       (A) In general.--For purposes of this subsection, the term 
     ``extension disapproval resolution'' means a resolution of 
     either House

[[Page S13475]]

     of Congress, the sole matter after the resolving clause of 
     which is as follows: ``That the ____ disapproves the request 
     of the President for an extension, under section ____03(c) of 
     the Reciprocal Trade Agreements Act of 1999, of 
     ________________ after September 30, 2001.'', with the first 
     blank space being filled with the name of the resolving House 
     of Congress and the second blank space being filled with one 
     or both of the following phrases: ``the tariff proclamation 
     authority provided under section ____03(a) of the Reciprocal 
     Trade Agreements Act of 1999'' or ``the trade agreement 
     approval procedures provided under section ____03(b) of the 
     Reciprocal Trade Agreements Act of 1999''.
       (B) Introduction and referral.--Extension disapproval 
     resolutions--
       (i) may be introduced in either House of Congress by any 
     member of such House;
       (ii) shall be jointly referred, in the House of 
     Representatives, to the Committee on Ways and Means and the 
     Committee on Rules; and
       (iii) shall be referred, in the Senate, to the Committee on 
     Finance.
       (C) Floor consideration.--The provisions of sections 152(d) 
     and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) 
     (relating to the floor consideration of certain resolutions 
     in the House and Senate) apply to extension disapproval 
     resolutions.
       (D) Committee action required.--It is not in order for--
       (i) the Senate to consider any extension disapproval 
     resolution not reported by the Committee on Finance;
       (ii) the House of Representatives to consider any extension 
     disapproval resolution not reported by the Committee on Ways 
     and Means and the Committee on Rules; or
       (iii) either House of Congress to consider an extension 
     disapproval resolution after September 30, 2001.

     SEC. ____04. NOTICE AND CONSULTATIONS.

       (a) Notice and Consultation Before Negotiation.--With 
     respect to any agreement subject to the provisions of section 
     ____03 (a) or (b), the President shall--
       (1) not later than 90 calendar days before initiating 
     negotiations, provide written notice to Congress regarding--
       (A) the President's intent to initiate the negotiations;
       (B) the date the President intends to initiate such 
     negotiations;
       (C) the specific United States objectives for the 
     negotiations; and
       (D) whether the President intends to seek an agreement or 
     changes to an existing agreement;
       (2) consult regarding the negotiations--
       (A) before and promptly after submission of the notice 
     described in paragraph (1), with the Committee on Finance of 
     the Senate, the Committee on Ways and Means of the House of 
     Representatives, and such other committees of the House and 
     Senate as the President deems appropriate; and
       (B) with any other committee that requests consultations in 
     writing; and
       (3) consult with the appropriate industry sector advisory 
     groups established under section 135 of the Trade Act of 1974 
     before initiating negotiations.
       (b) Consultation With Congress Before Agreement Entered 
     Into.--
       (1) Consultation.--Before entering into any trade agreement 
     under section ____03 (a) or (b), the President shall consult 
     with--
       (A) the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate; 
     and
       (B) each other committee of the House and the Senate, and 
     each joint committee of Congress, which has jurisdiction over 
     legislation involving subject matters that would be affected 
     by the trade agreement.
       (2) Scope.--The consultation described in paragraph (1) 
     shall include consultation with respect to--
       (A) the nature of the agreement;
       (B) how and to what extent the agreement will achieve the 
     applicable purposes, policies, and objectives of this title;
       (C) where applicable, the implementation of the agreement 
     under section ____05, including whether the agreement 
     includes subject matter for which supplemental implementing 
     legislation may be required which is not subject to trade 
     agreement approval procedures; and
       (D) any other agreement the President has entered into or 
     intends to enter into with the country or countries in 
     question.
       (c) Advisory Committee Reports.--The report required under 
     section 135(e)(1) of the Trade Act of 1974 regarding any 
     trade agreement entered into under section ____03(b) of this 
     title shall be provided to the President, Congress, and the 
     United States Trade Representative not later than 30 calendar 
     days after the date on which the President notifies Congress 
     under section ____05(a)(1)(A) of the President's intention to 
     enter into the agreement.
       (d) Consultation Before Agreement Initialed.--In the course 
     of negotiations conducted under this title, the United States 
     Trade Representative shall consult closely and on a timely 
     basis (including immediately before initialing an agreement) 
     with, and keep fully apprised of the negotiations, the 
     congressional advisers for trade policy and negotiations 
     appointed under section 161 of the Trade Act of 1974 (19 
     U.S.C. 2211), the Committee on Finance of the Senate, and the 
     Committee on Ways and Means of the House of Representatives.

     SEC. ____05. IMPLEMENTATION OF TRADE AGREEMENTS.

       (a) In General.--
       (1) Notification and submission.--Any agreement entered 
     into under section ____03(b) shall enter into force with 
     respect to the United States if (and only if)--
       (A) the President, at least 90 calendar days before the day 
     on which the President enters into the trade agreement, 
     notifies the House of Representatives and the Senate of the 
     President's intention to enter into the agreement, and 
     promptly thereafter publishes notice of such intention in the 
     Federal Register;
       (B) within 60 calendar days after entering into the 
     agreement, the President submits to Congress a description of 
     those changes to existing laws that the President considers 
     would be required in order to bring the United States into 
     compliance with the agreement;
       (C) after entering into the agreement, the President 
     submits a copy of the final legal text of the agreement, 
     together with--
       (i) a draft of an implementing bill described in section 
     ____03(b)(3);
       (ii) a statement of any administrative action proposed to 
     implement the trade agreement; and
       (iii) the supporting information described in paragraph 
     (2); and
       (D) the implementing bill is enacted into law.
       (2) Supporting information.--The supporting information 
     required under paragraph (1)(C)(iii) consists of--
       (A) an explanation as to how the implementing bill and 
     proposed administrative action will change or affect existing 
     law; and
       (B) a statement--
       (i) asserting that the agreement makes progress in 
     achieving the applicable purposes, policies, and objectives 
     of this title; and
       (ii) setting forth the reasons of the President regarding--

       (I) how and to what extent the agreement makes progress in 
     achieving the applicable purposes, policies, and objectives 
     referred to in clause (i), and why and to what extent the 
     agreement does not achieve other applicable purposes, 
     policies, and objectives;
       (II) whether and how the agreement changes provisions of an 
     agreement previously negotiated;
       (III) how the agreement serves the interests of United 
     States commerce;
       (IV) why the implementing bill qualifies for trade 
     agreement approval procedures under section ____03(b)(3); and
       (V) any proposed administrative action.

       (3) Reciprocal benefits.--To ensure that a foreign country 
     which receives benefits under a trade agreement entered into 
     under section ____03 (a) or (b) is subject to the obligations 
     imposed by such agreement, the President shall recommend to 
     Congress in the implementing bill and statement of 
     administrative action submitted with respect to such 
     agreement that the benefits and obligations of such agreement 
     apply solely to the parties to such agreement, if such 
     application is consistent with the terms of such agreement. 
     The President may also recommend with respect to any such 
     agreement that the benefits and obligations of such agreement 
     not apply uniformly to all parties to such agreement, if such 
     application is consistent with the terms of such agreement.
       (b) Limitations on Trade Agreement Approval Procedures.--
       (1) Disapproval of the negotiation.--The trade agreement 
     approval procedures shall not apply to any implementing bill 
     that contains a provision approving any trade agreement that 
     is entered into under section ____03(b) with any foreign 
     country if the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     disapprove of the negotiation of the agreement before the 
     close of the 90-calendar day period that begins on the date 
     notice is provided under section ____04(a)(1) with respect to 
     the negotiation of such agreement.
       (2) For lack of notice or consultations.--
       (A) In general.--The trade agreement approval procedures 
     shall not apply to any implementing bill submitted with 
     respect to a trade agreement entered into under section 
     ____03(b) if during the 60-day period beginning on the date 
     that one House of Congress agrees to a procedural disapproval 
     resolution for lack of notice or consultations with respect 
     to that trade agreement, the other House separately agrees to 
     a procedural disapproval resolution with respect to that 
     agreement.
       (B) Procedural disapproval resolution.--For purposes of 
     this paragraph, the term ``procedural disapproval 
     resolution'' means a resolution of either House of Congress, 
     the sole matter after the resolving clause of which is as 
     follows: ``That the President has failed or refused to notify 
     or consult (as the case may be) with Congress in accordance 
     with sections ____04 and ____05 of the Reciprocal Trade 
     Agreements Act of 1999 with respect to ____ and, therefore, 
     the trade agreement approval procedures set forth in section 
     ____03(b) of that Act shall not apply to any implementing 
     bill submitted with respect to that trade agreement.'', with 
     the blank space being filled with a description of the trade 
     agreement with respect to which the President is considered 
     to have failed or refused to notify or consult.
       (C) Computation of certain periods of time.--The 60-day 
     period of time described in subparagraph (A) shall be 
     computed without regard to--

[[Page S13476]]

       (i) the days on which either House of Congress is not in 
     session because of an adjournment of more than 3 days to a 
     day certain or an adjournment of the Congress sine die; and
       (ii) any Saturday and Sunday, not excluded under clause 
     (i), when either House of Congress is not in session.
       (3) Procedures for considering procedural disapproval 
     resolutions.--
       (A) Procedural disapproval resolutions.--Procedural 
     disapproval resolutions--
       (i) in the House of Representatives--

       (I) shall be introduced by the chairman or ranking minority 
     member of the Committee on Ways and Means or the chairman or 
     ranking minority member of the Committee on Rules;

       (II) shall be jointly referred to the Committee on Ways and 
     Means and the Committee on Rules; and
       (III) may not be amended by either Committee; and

       (ii) in the Senate shall be original resolutions of the 
     Committee on Finance.
       (B) Floor consideration.--The provisions of section 152 (d) 
     and (e) of the Trade Act of 1974 (19 U.S.C. 2192 (d) and (e)) 
     (relating to the floor consideration of certain resolutions 
     in the House and Senate) apply to procedural disapproval 
     resolutions.
       (C) Committee action required.--
       (i) House of representatives.--It is not in order for the 
     House of Representatives to consider any procedural 
     disapproval resolution not reported by the Committee on Ways 
     and Means and the Committee on Rules.
       (ii) Senate.--It is not in order for the Senate to consider 
     any procedural disapproval resolution not reported by the 
     Committee on Finance.
       (c) Rules of House of Representatives and Senate.--
     Subsection (b) of this section and section ____03(c) are 
     enacted by Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, and 
     such procedures supersede other rules only to the extent that 
     they are inconsistent with such other rules; and
       (2) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedures of that House) at any time, in the same 
     manner, and to the same extent as any other rule of that 
     House.

     SEC. ____06. TREATMENT OF CERTAIN TRADE AGREEMENTS.

       (a) In General.--Notwithstanding section ____03(a)(6)(B) 
     and section ____03(b)(2), the provisions of section ____04(a) 
     shall not apply with respect to agreements that result from--
       (1) negotiations under the auspices of the World Trade 
     Organization regarding trade in information technology 
     products;
       (2) negotiations or work programs initiated pursuant to a 
     Uruguay Round Agreement, as defined in section 2 of the 
     Uruguay Round Agreements Act; or
       (3) negotiations with Chile,
     that were commenced before the date of enactment of this Act, 
     and the applicability of trade agreement approval procedures 
     with respect to such agreements shall be determined without 
     regard to the requirements of section ____04(a).
       (b) Procedural Disapproval Resolution Not In Order.--A 
     procedural disapproval resolution under section ____05(b) 
     shall not be in order with respect to an agreement described 
     in subsection (a) of this section based on a failure or 
     refusal to comply with section ____04(a).

     SEC. ____07. CONFORMING AMENDMENTS.

       (a) In General.--Title I of the Trade Act of 1974 (19 
     U.S.C. 2111 et seq.) is amended as follows:
       (1) Implementing bill.--
       (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is amended--
       (i) by striking ``section 1103(a)(1) of the Omnibus Trade 
     and Competitiveness Act of 1988, or section 282 of the 
     Uruguay Round Agreements Act'' and inserting ``section 282 of 
     the Uruguay Round Agreements Act, or section ____05(a)(1) of 
     the Reciprocal Trade Agreements Act of 1999''; and
       (ii) by adding after subparagraph (C) the following flush 
     sentence:
     ``For purposes of applying this paragraph to implementing 
     bills submitted with respect to trade agreements entered into 
     under section ____03(b) of the Reciprocal Trade Agreements 
     Act of 1999, subparagraphs (A), (B), and (C) of section 
     ____03(b)(3) of such Act shall be substituted for 
     subparagraphs (A), (B), and (C) of this paragraph.''.
       (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is amended by 
     striking ``or section 282 of the Uruguay Round Agreements 
     Act'' and inserting ``, section 282 of the Uruguay Round 
     Agreements Act, or section ____05(a)(1) of the Reciprocal 
     Trade Agreements Act of 1999''.
       (2) Advice from international trade commission.--Section 
     131 (19 U.S.C. 2151) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``section 123 of this Act 
     or section 1102 (a) or (c) of the Omnibus Trade and 
     Competitiveness Act of 1988,'' and inserting ``section 123 of 
     this Act or section ____03 (a) or (b) of the Reciprocal Trade 
     Agreements Act of 1999,''; and
       (ii) in paragraph (2), by striking ``section 1102 (b) or 
     (c) of the Omnibus Trade and Competitiveness Act of 1988'' 
     and inserting ``section ____03(b) of the Reciprocal Trade 
     Agreements Act of 1999'';
       (B) in subsection (b), by striking ``section 
     1102(a)(3)(A)'' and inserting ``section ____03(a)(3)(A) of 
     the Reciprocal Trade Agreements Act of 1999'' before the end 
     period; and
       (C) in subsection (c), by striking ``section 1102 of the 
     Omnibus Trade and Competitiveness Act of 1988,'' and 
     inserting ``section ____03 of the Reciprocal Trade Agreements 
     Act of 1999,''.
       (3) Hearings and advice.--Sections 132, 133(a), and 134(a) 
     (19 U.S.C. 2152, 2153(a), and 2154(a)) are each amended by 
     striking ``section 1102 of the Omnibus Trade and 
     Competitiveness Act of 1988,'' each place it appears and 
     inserting ``section ____03 of the Reciprocal Trade Agreements 
     Act of 1999,''.
       (4) Prerequisites for offers.--Section 134(b) (19 U.S.C. 
     2154(b)) is amended by striking ``section 1102 of the Omnibus 
     Trade and Competitiveness Act of 1988'' and inserting 
     ``section ____03 of the Reciprocal Trade Agreements Act of 
     1999''.
       (5) Advice from private and public sectors.--Section 135 
     (19 U.S.C. 2155) is amended--
       (A) in subsection (a)(1)(A), by striking ``section 1102 of 
     the Omnibus Trade and Competitiveness Act of 1988'' and 
     inserting ``section ____03 of the Reciprocal Trade Agreements 
     Act of 1999'';
       (B) in subsection (e)(1)--
       (i) by striking ``section 1102 of the Omnibus Trade and 
     Competitiveness Act of 1988'' each place it appears and 
     inserting ``section ____03 of the Reciprocal Trade Agreements 
     Act of 1999''; and
       (ii) by striking ``section 1103(a)(1)(A) of such Act of 
     1988'' and inserting ``section ____05(a)(1)(A) of the 
     Reciprocal Trade Agreements Act of 1999''; and
       (C) in subsection (e)(2), by striking ``the applicable 
     overall and principal negotiating objectives set forth in 
     section 1101 of the Omnibus Trade and Competitiveness Act of 
     1988'' and inserting ``the purposes, policies, and objectives 
     set forth in section ____02 (a) and (b) of the Reciprocal 
     Trade Agreements Act of 1999''.
       (6) Transmission of agreements to congress.--Section 162(a) 
     (19 U.S.C. 2212(a)) is amended by striking ``or under section 
     1102 of the Omnibus Trade and Competitiveness Act of 1988'' 
     and inserting ``or under section ____03 of the Reciprocal 
     Trade Agreements Act of 1999''.
       (b) Application of Certain Provisions.--For purposes of 
     applying sections 125, 126, and 127 of the Trade Act of 1974 
     (19 U.S.C. 2135, 2136(a), and 2137)--
       (1) any trade agreement entered into under section ____03 
     shall be treated as an agreement entered into under section 
     101 or 102, as appropriate, of the Trade Act of 1974 (19 
     U.S.C. 2111 or 2112); and
       (2) any proclamation or Executive order issued pursuant to 
     a trade agreement entered into under section ____03 shall be 
     treated as a proclamation or Executive order issued pursuant 
     to a trade agreement entered into under section 102 of the 
     Trade Act of 1974.

     SEC. ____08. DEFINITIONS.

       In this title:
       (1) Distortion.--The term ``distortion'' includes, but is 
     not limited to, a subsidy.
       (2) Trade.--The term ``trade'' includes, but is not limited 
     to--
       (A) trade in both goods and services; and
       (B) foreign investment by United States persons, especially 
     if such investment has implications for trade in goods and 
     services.
       (3) Uruguay round agreements.-- The term ``Uruguay Round 
     Agreements'' has the meaning given such term in section 2(7) 
     of the Uruguay Round Agreements Act (19 U.S.C. 3501(7).
       (4) World trade organization.--The term ``World Trade 
     Organization'' means the organization established pursuant to 
     the WTO Agreement.
       (5) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing the World Trade Organization entered 
     into on April 15, 1994.
       (6) WTO and wto member.--The terms ``WTO'' and ``WTO 
     member'' have the meanings given those terms in section 2 of 
     the Uruguay Round Agreements Act (19 U.S.C. 3501).
                                 ______
                                 

                       DeWINE AMENDMENT NO. 2397

  (Ordered to lie on the table.)
  Mr. DeWINE submitted an amendment intended to be proposed by him to 
amendment No. 2325 proposed by Mr. Roth to the bill, H.R. 434, supra; 
as follows:

       At the appropriate place, insert the following new title:

                 TITLE ____--DUMPING AND SUBSIDY OFFSET

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Continued Dumping and 
     Subsidy Offset Act of 1999''.

     SEC. ____02. FINDINGS OF CONGRESS.

       Congress makes the following findings:
       (1) Consistent with the rights of the United States under 
     the World Trade Organization, injurious dumping is to be 
     condemned and actionable subsidies which cause injury to 
     domestic industries must be effectively neutralized.
       (2) United States unfair trade laws have as their purpose 
     the restoration of conditions of fair trade so that jobs and 
     investment that should be in the United States are not lost 
     through the false market signals.
       (3) The continued dumping or subsidization of imported 
     products after the issuance of

[[Page S13477]]

     antidumping orders or findings or countervailing duty orders 
     can frustrate the remedial purpose of the laws by preventing 
     market prices from returning to fair levels.
       (4) Where dumping or subsidization continues, domestic 
     producers will be reluctant to reinvest or rehire and may be 
     unable to maintain pension and health care benefits that 
     conditions of fair trade would permit. Similarly, small 
     businesses and American farmers and ranchers may be unable to 
     pay down accumulated debt, to obtain working capital, or to 
     otherwise remain viable.
       (5) United States trade laws should be strengthened to see 
     that the remedial purpose of those laws is achieved.

     SEC. ____03. AMENDMENTS TO THE TARIFF ACT OF 1930.

       (a) In General.--Title VII of the Tariff Act of 1930 (19 
     U.S.C. 1671 et seq.) is amended by inserting after section 
     753 following new section:

     ``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.

       ``(a) In General.--Duties assessed pursuant to a 
     countervailing duty order, an antidumping duty order, or a 
     finding under the Antidumping Act of 1921 shall be 
     distributed on an annual basis under this section to the 
     affected domestic producers for qualifying expenditures. Such 
     distribution shall be known as the `continued dumping and 
     subsidy offset'.
       ``(b) Definitions.--As used in this section:
       ``(1) Affected domestic producer.--The term `affected 
     domestic producer' means any manufacturer, producer, farmer, 
     rancher, or worker representative (including associations of 
     such persons) that--
       ``(A) was a petitioner or interested party in support of 
     the petition with respect to which an antidumping duty order, 
     a finding under the Antidumping Act of 1921, or a 
     countervailing duty order has been entered, and
       ``(B) remains in operation.

     Companies, businesses, or persons that have ceased the 
     production of the product covered by the order or finding or 
     who have been acquired by a company or business that is 
     related to a company that opposed the investigation shall not 
     be an affected domestic producer.
       ``(2) Commissioner.--The term `Commissioner' means the 
     Commissioner of Customs.
       ``(3) Commission.--The term `Commission' means the United 
     States International Trade Commission.
       ``(4) Qualifying expenditure.--The term `qualifying 
     expenditure' means an expenditure incurred after the issuance 
     of the antidumping duty finding or order or countervailing 
     duty order in any of the following categories:
       ``(A) Plant.
       ``(B) Equipment.
       ``(C) Research and development.
       ``(D) Personnel training.
       ``(E) Acquisition of technology.
       ``(F) Health care benefits to employees paid for by the 
     employer.
       ``(G) Pension benefits to employees paid for by the 
     employer.
       ``(H) Environmental equipment, training, or technology.
       ``(I) Acquisition of raw materials and other inputs.
       ``(J) Borrowed working capital or other funds needed to 
     maintain production.
       ``(5) Related to.--A company, business, or person shall be 
     considered to be `related to' another company, business, or 
     person if--
       ``(A) the company, business, or person directly or 
     indirectly controls or is controlled by the other company, 
     business, or person,
       ``(B) a third party directly or indirectly controls both 
     companies, businesses, or persons,
       ``(C) both companies, businesses, or persons directly or 
     indirectly control a third party and there is reason to 
     believe that the relationship causes the first company, 
     business, or persons to act differently than a nonrelated 
     party.

     For purposes of this paragraph, a party shall be considered 
     to directly or indirectly control another party if the party 
     is legally or operationally in a position to exercise 
     restraint or direction over the other party.
       ``(c) Distribution Procedures.--The Commissioner shall 
     prescribe procedures for distribution of the continued 
     dumping or subsidies offset required by this section. Such 
     distribution shall be made not later than 60 days after the 
     first day of a fiscal year from duties assessed during the 
     preceding fiscal year.
       ``(d) Parties Eligible for Distribution of Antidumping and 
     Countervailing Duties Assessed.--
       ``(1) List of affected domestic producers.--The Commission 
     shall forward to the Commissioner within 60 days after the 
     effective date of this section in the case of orders or 
     findings in effect on such effective date, or in any other 
     case, within 60 days after the date an antidumping or 
     countervailing duty order or finding is issued, a list of 
     petitioners and persons with respect to each order and 
     finding and a list of persons that indicate support of the 
     petition by letter or through questionnaire response. In 
     those cases in which a determination of injury was not 
     required or the Commission's records do not permit an 
     identification of those in support of a petition, the 
     Commission shall consult with the administering authority to 
     determine the identity of the petitioner and those domestic 
     parties who have entered appearances during administrative 
     reviews conducted by the administering authority under 
     section 751.
       ``(2) Publication of list; certification.--The Commissioner 
     shall publish in the Federal Register at least 30 days before 
     the distribution of a continued dumping and subsidy offset, a 
     notice of intention to distribute the offset and the list of 
     affected domestic producers potentially eligible for the 
     distribution based on the list obtained from the Commission 
     under paragraph (1). The Commissioner shall request a 
     certification from each potentially eligible affected 
     domestic producer--
       ``(A) that the producer desires to receive a distribution;
       ``(B) that the producer is eligible to receive the 
     distribution as an affected domestic producer; and
       ``(C) the qualifying expenditures incurred by the producer 
     since the issuance of the order or finding for which 
     distribution under this section has not previously been made.
       ``(3) Distribution of funds.--The Commissioner shall 
     distribute all funds (including all interest earned on the 
     funds) from assessed duties received in the preceding fiscal 
     year to affected domestic producers based on the 
     certifications described in paragraph (2). The distributions 
     shall be made on a pro rata basis based on new and remaining 
     qualifying expenditures.
       ``(e) Special Accounts.--
       ``(1) Establishments.--Within 14 days after the effective 
     date of this section, with respect to antidumping duty orders 
     and findings and countervailing duty orders in effect on the 
     effective date of this section, and within 14 days after the 
     date an antidumping duty order or finding or countervailing 
     duty order issued after the effective date takes effect, the 
     Commissioner shall establish in the Treasury of the United 
     States a special account with respect to each such order or 
     finding.
       ``(2) Deposits into accounts.--The Commissioner shall 
     deposit into the special accounts, all antidumping or 
     countervailing duties (including interest earned on such 
     duties) that are assessed after the effective date of this 
     section under the antidumping order or finding or the 
     countervailing duty order with respect to which the account 
     was established.
       ``(3) Time and manner of distributions.--Consistent with 
     the requirements of subsections (c) and (d), the Commissioner 
     shall by regulation prescribe the time and manner in which 
     distribution of the funds in a special account shall made.
       ``(4) Termination.--A special account shall terminate 
     after--
       ``(a) the order or finding with respect to which the 
     account was established has terminated;
       ``(B) all entries relating to the order or finding are 
     liquidated and duties assessed collected;
       ``(C) the Commissioner has provided notice and a final 
     opportunity to obtain distribution pursuant to subsection 
     (c); and
       ``(D) 90 days has elapsed from the date of the notice 
     described in subparagraph (C).
     Amounts not claimed within 90 days of the date of the notice 
     described in subparagraph (C), shall be deposited into the 
     general fund of the Treasury.''.
       (b) Conforming Amendment.--The table of contents for title 
     VII of the Tariff Act of 1930 is amended by inserting the 
     following new item after the item relating to section 753:

``Sec. 754. Continued dumping and subsidy offset.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to all antidumping and 
     countervailing duty assessments made on or after October 1, 
     1996.
                                 ______
                                 

                 DeWINE (AND OTHERS) AMENDMENT NO. 2398

  (Ordered to lie on the table.)
  Mr. DeWINE (for himself, Mr. Inouye, Mr. Lott, Mr. Conrad, Mr. Craig, 
Mr. McConnell, Mr. Durbin, Mr. Burns, Mr. Dorgan, Mr. Abraham, Mr. 
Mack, Mrs. Hutchison, Mr. Voinovich, Mr. Allard, and Mr. Ashcroft) 
submitted an amendment intended to be proposed by them to the bill, 
H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. REVISION OF RETALIATION LIST OR OTHER REMEDIAL 
                   ACTION.

       Section 306(b)(2) of the Trade Act of 1974 (19 U.S.C. 
     2416(b)(2)) is amended--
       (1) by striking ``If the'' and inserting the following:
       ``(A) Failure to implement recommendation.--If the''; and
       (2) by adding at the end the following:
       ``(B) Revision of retaliation list and action.--
       ``(i) In general.--Except as provided in clause (ii), in 
     the event that the United States initiates a retaliation list 
     or takes any other action described in section 301(c)(1) (A) 
     or (B) against the goods of a foreign country or countries 
     because of the failure of such country or countries to 
     implement the recommendation made pursuant to a dispute 
     settlement proceeding under the World Trade Organization, the 
     Trade Representative shall periodically revise the list or 
     action to affect other goods of the country or countries that 
     have failed to implement the recommendation.
       ``(ii) Exception.--The Trade Representative is not required 
     to revise the retaliation list or the action described in 
     clause (i) with respect to a country, if--

[[Page S13478]]

       ``(I) the Trade Representative determines that 
     implementation of a recommendation made pursuant to a dispute 
     settlement proceeding described in clause (i) by the country 
     is imminent; or
       ``(II) the Trade Representative together with the 
     petitioner involved in the initial investigation under this 
     chapter (or if no petition was filed, the affected United 
     States industry) agree that it is unnecessary to revise the 
     retaliation list.

       ``(C) Schedule for revising list or action.--The Trade 
     Representative shall, 120 days after the date the retaliation 
     list or other section 301(a) action is first taken, and every 
     180 days thereafter, review the list or action taken and 
     revise, in whole or in part, the list or action to affect 
     other goods of the subject country or countries.
       ``(D) Standards for revising list or action.--In revising 
     any list or action against a country or countries under this 
     subsection, the Trade Representative shall act in a manner 
     that is most likely to result in the country or countries 
     implementing the recommendations adopted in the dispute 
     settlement proceeding or in achieving a mutually satisfactory 
     solution to the issue that gave rise to the dispute 
     settlement proceeding. The Trade Representative shall consult 
     with the petitioner, if any, involved in the initial 
     investigation under this chapter.
       ``(E) Retaliation list.--The term `retaliation list' means 
     the list of products of a foreign country or countries that 
     have failed to comply with the report of the panel or 
     Appellate Body of the WTO and with respect to which the Trade 
     Representative is imposing duties above the level that would 
     otherwise be imposed under the Harmonized Tariff Schedule of 
     the United States.''.
                                 ______
                                 

                       NICKLES AMENDMENT NO. 2399

  (Ordered to lie on the table.)
  Mr. NICKLES submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. ____. WAIVER OF DENIAL OF FOREIGN TAX CREDIT.

       (a) In General.--Section 901(j) of the Internal Revenue 
     Code of 1986 (relating to denial of foreign tax credit, etc., 
     with respect to certain foreign countries) is amended by 
     adding at the end the following new paragraph:
       ``(5) Waiver of denial.--
       ``(A) In general.--Paragraph (1) shall not apply with 
     respect to taxes paid or accrued to a country if the 
     President--
       ``(i) determines that a waiver of the application of such 
     paragraph is in the national interest of the United States, 
     and
       ``(ii) reports such waiver under subparagraph (B).
       ``(B) Report.--Not less than 30 days before the date on 
     which a waiver is granted under this paragraph, the President 
     shall report to Congress--
       ``(i) the intention to grant such waiver, and
       ``(ii) the reason for the determination under subparagraph 
     (A)(i).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply on or after February 1, 2001.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 2400

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

       At the end insert the following:

DIVISION 2--AGRIBUSINESS MERGER MORATORIUM AND ANTITRUST REVIEW ACT OF 
                                  1999

     SEC. ____1. SHORT TITLE.

       This division may be cited as the ``Agribusiness Merger 
     Moratorium and Antitrust Review Act of 1999''.

     SEC. ____2. FINDINGS.

       Congress finds the following:
       (1) Concentration in the agricultural economy including 
     mergers, acquisitions, and other combinations and alliances 
     among suppliers, producers, packers, other food processors, 
     and distributors has been accelerating at a rapid pace in the 
     1990's.
       (2) The trend toward greater concentration in agriculture 
     has important and far-reaching implications not only for 
     family-based farmers, but also for the food we eat, the 
     communities we live in, and the integrity of the natural 
     environment upon which we all depend.
       (3) In the past decade and a half, the top 4 largest pork 
     packers have seized control of some 57 percent of the market, 
     up from 36 percent. Over the same period, the top 4 beef 
     packers have expanded their market share from 32 percent to 
     80 percent, the top 4 flour millers have increased their 
     market share from 40 percent to 62 percent, and the market 
     share of the top 4 soybean crushers has jumped from 54 
     percent to 80 percent.
       (4) Today the top 4 sheep, poultry, wet corn, and dry corn 
     processors now control 73 percent, 55 percent, 74 percent, 
     and 57 percent of the market, respectively.
       (5) A handful of firms dominate the processing of every 
     major commodity. Many of them are vertically integrated, 
     which means that they control successive stages of the food 
     chain, from inputs to production to distribution.
       (6) Growing concentration of the agricultural sector has 
     restricted choices for farmers trying to sell their products. 
     As the bargaining power of agribusiness firms over farmers 
     increases, agricultural commodity markets are becoming 
     stacked against the farmer.
       (7) The farmer's share of every retail dollar has plummeted 
     from around 50 percent in 1952, to less than 25 percent 
     today, while the profit share for farm input, marketing, and 
     processing companies has risen.
       (8) While agribusiness conglomerates are posting record 
     earnings, farmers are facing desperate times. The commodity 
     price index is the lowest since 1987. Hog prices are at their 
     lowest since 1972. Cotton and soybean prices are the lowest 
     they have been since the early 1970's.
       (9) The benefits of low commodity prices are not being 
     passed on to American consumers. The gap between what 
     shoppers pay for food and what farmers are paid is growing 
     wider. From 1984 to 1998, prices paid to farmers fell 36 
     percent, while consumer food prices actually increased by 3 
     percent.
       (10) Concentration, low prices, anticompetitive practices, 
     and other manipulations and abuses of the agricultural 
     economy are driving family-based farmers out of business. 
     Farmers are going bankrupt or giving up, and few are taking 
     their places; more farm families are having to rely on other 
     jobs to stay afloat; and the number of farmers leaving the 
     land will continue to increase unless and until these trends 
     are reversed.
       (11) The decline of family-based agriculture undermines the 
     economies of rural communities across America; it has pushed 
     Main Street businesses, from equipment suppliers to insurance 
     sales people, out of business or to the brink of insolvency.
       (12) Increased concentration in the agribusiness sector has 
     a harmful effect on the environment; corporate hog farming, 
     for example, threatens the integrity of local water supplies 
     and creates noxious odors in neighboring communities. 
     Concentration also can increase the risks to food safety and 
     limit the biodiversity of plants and animals.
       (13) The decline of family-based farming poses a direct 
     threat to American families and family values, by subjecting 
     farm families to turmoil and stress.
       (14) The decline of family-based farming causes the demise 
     of rural communities, as stores lose customers, churches lose 
     congregations, schools and clinics become under-used, career 
     opportunities for young people dry up, and local inequalities 
     of wealth and income grow wider.
       (15) These developments are not the result of inevitable 
     market forces. They are the consequence of policies made in 
     Washington, including farm, antitrust, and trade policies.
       (16) To restore competition in the agricultural economy, 
     and to increase the bargaining power and enhance economic 
     prospects for family-based farmers, the trend toward 
     concentration must be reversed.

     SEC. ____3. DEFINITIONS.

       In this division:
       (1) Agricultural input supplier.--The term ``agricultural 
     input supplier'' means any person (excluding agricultural 
     cooperatives) engaged in the business of selling, in 
     interstate or foreign commerce, any product to be used as an 
     input (including seed, germ plasm, hormones, antibiotics, 
     fertilizer, and chemicals, but excluding farm machinery) for 
     the production of any agricultural commodity, except that no 
     person shall be considered an agricultural input supplier if 
     sales of such products are for a value less than $10,000,000 
     per year.
       (2) Broker.--The term ``broker'' means any person 
     (excluding agricultural cooperatives) engaged in the business 
     of negotiating sales and purchases of any agricultural 
     commodity in interstate or foreign commerce for or on behalf 
     of the vendor or the purchaser, except that no person shall 
     be considered a broker if the only sales of such commodities 
     are for a value less than $10,000,000 per year.
       (3) Commission merchant.--The term ``commission merchant'' 
     means any person (excluding agricultural cooperatives) 
     engaged in the business of receiving in interstate or foreign 
     commerce any agricultural commodity for sale, on commission, 
     or for or on behalf of another, except that no person shall 
     be considered a commission merchant if the only sales of such 
     commodities are for a value less than $10,000,000 per year.
       (4) Dealer.--The term ``dealer'' means any person 
     (excluding agricultural cooperatives) engaged in the business 
     of buying, selling, or marketing agricultural commodities in 
     interstate or foreign commerce, except that--
       (A) no person shall be considered a dealer with respect to 
     sales or marketing of any agricultural commodity of that 
     person's own raising; and
       (B) no person shall be considered a dealer if the only 
     sales of such commodities are for a value less than 
     $10,000,000 per year.
       (5) Processor.--The term ``processor'' means any person 
     (excluding agricultural cooperatives) engaged in the business 
     of handling, preparing, or manufacturing (including 
     slaughtering) of an agricultural commodity, or the products 
     of such agricultural commodity, for sale or marketing for 
     human consumption, except that no person shall be considered 
     a processor if the only sales of such products are for a 
     value less than $10,000,000 per year.

           TITLE I--MORATORIUM ON LARGE AGRIBUSINESS MERGERS

     SEC. 101. MORATORIUM ON LARGE AGRIBUSINESS MERGERS.

       (a) In General.--

[[Page S13479]]

       (1) Moratorium.--Until the date referred to in paragraph 
     (2) and except as provided in subsection (b)--
       (A) no dealer, processor, commission merchant, agricultural 
     input supplier, broker, or operator of a warehouse of 
     agricultural commodities with annual net sales or total 
     assets of more than $100,000,000 shall merge or acquire, 
     directly or indirectly, any voting securities or assets of 
     any other dealer, processor, commission merchant, 
     agricultural input supplier, broker, or operator of a 
     warehouse of agricultural commodities with annual net sales 
     or total assets of more than $10,000,000; and
       (B) no dealer, processor, commission merchant, agricultural 
     input supplier, broker, or operator of a warehouse of 
     agricultural commodities with annual net sales or total 
     assets of more than $10,000,000 shall merge or acquire, 
     directly or indirectly, any voting securities or assets of 
     any other dealer, processor, commission merchant, 
     agricultural input supplier, broker, or operator of a 
     warehouse of agricultural commodities with annual net sales 
     or total assets of more than $100,000,000 if the acquiring 
     person would hold--
       (i) 15 percent or more of the voting securities or assets 
     of the acquired person; or
       (ii) an aggregate total amount of the voting securities and 
     assets of the acquired person in excess of $15,000,000.
       (2) Date.--The date referred to in this paragraph is the 
     earlier of--
       (A) the effective date of comprehensive legislation--
       (i) addressing the problem of market concentration in the 
     agricultural sector; and
       (ii) containing a section stating that the legislation is 
     comprehensive legislation as provided in section 101 of the 
     Agribusiness Merger Moratorium and Antitrust Review Act of 
     1999; or
       (B) the date that is 18 months after the date of enactment 
     of this division.
       (3) Exemptions.--The following classes of transactions are 
     exempt from the requirements of this section--
       (1) acquisitions of goods or realty transferred in the 
     ordinary course of business;
       (2) acquisitions of bonds, mortgages, deeds of trust, or 
     other obligations which are not voting securities;
       (3) acquisitions of voting securities of an issuer at least 
     50 per centum of the voting securities of which are owned by 
     the acquiring person prior to such acquisition;
       (4) transfers to or from a Federal agency or a State or 
     political subdivision thereof; and
       (5) acquisitions of voting securities, if, as a result of 
     such acquisition, the voting securities acquired do not 
     increase, directly or indirectly, the acquiring person's per 
     centum share of outstanding voting securities of the issuer.
       (b) Waiver Authority.--The Attorney General shall have 
     authority to waive the moratorium imposed by subsection (a) 
     only under extraordinary circumstances, such as insolvency or 
     similar financial distress of 1 of the affected parties.

 TITLE II--AGRICULTURE CONCENTRATION AND MARKET POWER REVIEW COMMISSION

     SEC. 201. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the Agriculture Concentration and Market Power 
     Review Commission (hereafter in this title referred to as the 
     ``Commission'').
       (b) Purposes.--The purpose of the Commission is to--
       (1) study the nature and consequences of concentration in 
     America's agricultural economy; and
       (2) make recommendations on how to change underlying 
     antitrust laws and other Federal laws and regulations to keep 
     a fair and competitive agriculture marketplace for family 
     farmers, other small and medium sized agriculture producers, 
     generally, and the communities of which they are a part.
       (c) Membership of Commission.--
       (1) Composition.--The Commission shall be composed of 12 
     members as follows:
       (A) Three persons, one of whom shall be a person currently 
     engaged in farming or ranching, shall be appointed by the 
     President pro tempore of the Senate upon the recommendation 
     of the Majority Leader of the Senate, after consultation with 
     the Chairman of the Committee on Agriculture, Nutrition, and 
     Forestry.
       (B) Three persons, one of whom shall be a person currently 
     engaged in farming or ranching, shall be appointed by the 
     President pro tempore of the Senate upon the recommendation 
     of the Minority Leader of the Senate, after consultation with 
     the ranking minority member of the Committee on Agriculture, 
     Nutrition, and Forestry.
       (C) Three persons, one of whom shall be a person currently 
     engaged in farming or ranching, shall be appointed by the 
     Speaker of the House of Representatives, after consultation 
     with the Chairman of the Committee on Agriculture.
       (D) Three persons, one of whom shall be a person currently 
     engaged in farming or ranching, shall be appointed by the 
     Minority Leader of the House of Representatives, after 
     consultation with the ranking minority member of the 
     Committee on Agriculture.
       (2) Qualifications of members.--
       (A) Appointments.--Persons who are appointed under 
     paragraph (1) shall be persons who--
       (i) have experience in farming or ranching, expertise in 
     agricultural economics and antitrust, or have other pertinent 
     qualifications or experience relating to agriculture and 
     agriculture industries; and
       (ii) are not officers or employees of the United States.
       (B) Other consideration.--In appointing Commission members, 
     every effort shall be made to ensure that the members--
       (i) are representative of a broad cross sector of 
     agriculture and antitrust perspectives within the United 
     States; and
       (ii) provide fresh insights to analyzing the causes and 
     impacts of concentration in agriculture industries and 
     sectors.
       (d) Period of Appointment; Vacancies.--
       (1) In general.--Members shall be appointed not later than 
     60 days after the date of enactment of this division and the 
     appointment shall be for the life of the Commission.
       (2) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment.
       (e) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (f) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (g) Chairperson and Vice Chairperson.--The members of the 
     Commission shall elect a chairperson and vice chairperson 
     from among the members of the Commission.
       (h) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business.
       (i) Voting.--Each member of the Commission shall be 
     entitled to 1 vote, which shall be equal to the vote of every 
     other member of the Commission.

     SEC. 202. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall be responsible for 
     examining the nature, the causes, and consequences 
     concentration in America's agricultural economy in the 
     broadest possible terms.
       (b) Issues To Be Addressed.--The study shall include an 
     examination of the following matters:
       (1) The nature and extent of concentration in the 
     agricultural sector, including food production, 
     transportation, processing, distribution and marketing, and 
     farm inputs such as machinery, fertilizer, and seeds.
       (2) Current trends in concentration of the agricultural 
     sector and what this sector is likely to look like in the 
     near and longer term future.
       (3) The effect of this concentration on farmer income.
       (4) The impacts of this concentration upon rural 
     communities, rural economic development, and the natural 
     environment.
       (5) The impacts of this concentration upon food shoppers, 
     including the reasons that Depression-level farm prices have 
     not resulted in corresponding drops in supermarket prices.
       (6) The productivity of family-based farm units, compared 
     with corporate based agriculture, and whether farming is 
     approaching a scale that is larger than necessary from the 
     standpoint of productivity.
       (7) The effect of current laws and administrative practices 
     in supporting and encouraging this concentration.
       (8) Whether the existing antitrust laws provide adequate 
     safeguards against, and remedies for, the impacts of 
     concentration upon family-based agriculture, the communities 
     they comprise, and the food shoppers of this Nation.
       (9) Accurate and reliable data on the national and 
     international markets shares of multinational agribusinesses, 
     and the portion of their sales attributable to exports.
       (10) Barriers that inhibit entry of new competitors into 
     markets for the processing of agricultural commodities, such 
     as the meat packing industry.
       (11) The extent to which developments, such as formula 
     pricing, marketing agreements, and forward contracting tend 
     to give processors, agribusinesses, and other buyers of 
     agricultural commodities additional market power over 
     producers and suppliers in local markets.
       (12) Such related matters as the Commission determines to 
     be important.

     SEC. 203. FINAL REPORT.

       (a) In General.--Not later than 12 months after the date of 
     the initial meeting of the Commission, the Commission shall 
     submit to the President and Congress a final report which 
     contains--
       (1) the findings and conclusions of the Commission 
     described in section 202; and
       (2) recommendations for addressing the problems identified 
     as part of the Commission's analysis.
       (b) Separate Views.--Any member of the Commission may 
     submit additional findings and recommendations as part of the 
     final report.

     SEC. 204. POWERS OF COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission may find advisable to 
     fulfill the requirements of this title. The Commission shall 
     hold at least 1 or more hearings in Washington, D.C., and 4 
     in different agriculture regions of the United States.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this title. Upon request of the 
     Chairperson of the Commission, the head of such department or

[[Page S13480]]

     agency shall furnish such information to the Commission.
       (c)  Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.

     SEC. 205. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (2) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee shall be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 206. SUPPORT SERVICES.

       The Administrator of the General Services Administration 
     shall provide to the Commission on a reimbursable basis such 
     administrative support services as the Commission may 
     request.

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $2,000,000 to the 
     Commission as required by this title to carry out the 
     provisions of this title.
                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 2401

  (Ordered to lie on the table.)
  Mr. ASHCROFT (for himself Mr. Hagel, Mr. Baucus, Mr. Dodd, Mr. 
Dorgan, Mr. Brownback, Mr. Kerrey, Mr. Roberts, Mr. Abraham, Mr. 
Allard, Mr. Bennett, Mr. Bingaman, Mr. Bond, Mr. Burns, Mr. Conrad, Mr. 
Craig, Mr. Crapo, Mr. Daschle, Mr. Durbin, Mrs. Feinstein, Mr. 
Fitzgerald, Mr. Gorton, Mr. Grams, Mr. Harkin, Mr. Hutchinson, Mr. 
Inhofe, Mr. Jeffords, Mr. Kennedy, Mr. Kerry, Mr. Leahy, Mrs. Lincoln, 
Mr. Thomas, Mr. Warner, Mr. Sessions, and Ms. Landrieu) submitted an 
amendment intended to be proposed by them to the bill, H.R. 434, supra: 
as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Food and Medicine for the 
     World Act''.

     SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY 
                   UNILATERAL AGRICULTURAL OR MEDICAL SANCTION.

       (a) Definitions.--In this section:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given the term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Agricultural program.--The term ``agricultural 
     program'' means--
       (A) any program administered under the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1691 et. 
     seq.);
       (B) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (C) any program administered under the Agricultural Trade 
     Act of 1978 (7 U.S.C. 5601 et. seq.);
       (D) the dairy export incentive program administered under 
     section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-
     14);
       (E) any commercial export sale of agricultural commodities; 
     or
       (F) any export financing (including credits or credit 
     guarantees) provided by the United States Government for 
     agricultural commodities.
       (3) Joint resolution.--The term ``joint resolution'' 
     means--
       (A) in the case of subsection (b)(1)(B), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     subsection (b)(1)(A) is received by Congress, the matter 
     after the resolving clause of which is as follows: ``That 
     Congress approves the report of the President pursuant to 
     section 2(b)(1)(A) of the Food and Medicine for the World 
     Act, transmitted on ______________.'', with the blank 
     completed with the appropriate date; and
       (B) in the case of subsection (e)(2), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     subsection (e)(1) is received by Congress, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     approves the report of the President pursuant to section 
     2(e)(1) of the Food and Medicine for the World Act, 
     transmitted on ______________.'', with the blank completed 
     with the appropriate date.
       (4) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (5) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (6) Unilateral agricultural sanction.--The term 
     ``unilateral agricultural sanction'' means any prohibition, 
     restriction, or condition on carrying out an agricultural 
     program with respect to a foreign country or foreign entity 
     that is imposed by the United States for reasons of foreign 
     policy or national security, except in a case in which the 
     United States imposes the measure pursuant to a multilateral 
     regime and the other member countries of that regime have 
     agreed to impose substantially equivalent measures.
       (7) Unilateral medical sanction.--The term ``unilateral 
     medical sanction'' means any prohibition, restriction, or 
     condition on exports of, or the provision of assistance 
     consisting of, medicine or a medical device with respect to a 
     foreign country or foreign entity that is imposed by the 
     United States for reasons of foreign policy or national 
     security, except in a case in which the United States imposes 
     the measure pursuant to a multilateral regime and the other 
     member countries of that regime have agreed to impose 
     substantially equivalent measures.
       (b) Restriction.--
       (1) New sanctions.--Except as provided in subsections (c) 
     and (d) and notwithstanding any other provision of law, the 
     President may not impose a unilateral agricultural sanction 
     or unilateral medical sanction against a foreign country or 
     foreign entity, unless--
       (A) not later than 60 days before the sanction is proposed 
     to be imposed, the President submits a report to Congress 
     that--
       (i) describes the activity proposed to be prohibited, 
     restricted, or conditioned; and
       (ii) describes the actions by the foreign country or 
     foreign entity that justify the sanction; and
       (B) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under subparagraph (A).
       (2) Existing sanctions.--
       (A) In general.--Except as provided in subparagraph (B), 
     with respect to any unilateral agricultural sanction or 
     unilateral medical sanction that is in effect as of the date 
     of enactment of this Act, the President shall terminate the 
     sanction.
       (B) Exemptions.--Subparagraph (A) shall not apply to a 
     unilateral agricultural sanction or unilateral medical 
     sanction imposed with respect to--
       (i) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (ii) the Export Credit Guarantee Program (GSM-102) or the 
     Intermediate Export Credit Guarantee Program (GSM-103) 
     established under section 202 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5622); or
       (iii) the dairy export incentive program administered under 
     section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-
     14).
       (c) Exceptions.--Subsection (b) shall not affect any 
     authority or requirement to impose (or continue to impose) a 
     sanction referred to in subsection (b)--
       (1) against a foreign country or foreign entity with 
     respect to which Congress has enacted a declaration of war 
     that is in effect on or after the date of enactment of this 
     Act; or
       (2) to the extent that the sanction would prohibit, 
     restrict, or condition the provision or use of any 
     agricultural commodity, medicine, or medical device that is--
       (A) controlled on the United States Munitions List 
     established under section 38 of the Arms Export Control Act 
     (22 U.S.C. 2778);
       (B) controlled on any control list established under the 
     Export Administration Act of 1979 (50 U.S.C. App. 2401 et 
     seq.); or
       (C) used to facilitate the development or production of a 
     chemical or biological weapon or weapon of mass destruction.
       (d) Countries Supporting International Terrorism.--
     Subsection (b) shall not affect the prohibitions in effect on 
     or after the date of enactment of this Act under section 620A 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) on 
     providing, to the government of any country supporting 
     international terrorism, United States government assistance, 
     including United States foreign assistance, United States 
     export assistance, or any United States credits or credit 
     guarantees.

[[Page S13481]]

       (e) Termination of Sanctions.--Any unilateral agricultural 
     sanction or unilateral medical sanction that is imposed 
     pursuant to the procedures described in subsection (b)(1) 
     shall terminate not later than 2 years after the date on 
     which the sanction became effective unless--
       (1) not later than 60 days before the date of termination 
     of the sanction, the President submits to Congress a report 
     containing the recommendation of the President for the 
     continuation of the sanction for an additional period of not 
     to exceed 2 years and the request of the President for 
     approval by Congress of the recommendation; and
       (2) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under paragraph (1).
       (f) Congressional Priority Procedures.--
       (1) Referral of report.--A report described in subsection 
     (b)(1)(A) or (e)(1) shall be referred to the appropriate 
     committee or committees of the House of Representatives and 
     to the appropriate committee or committees of the Senate.
       (2) Referral of joint resolution.--
       (A) In general.--A joint resolution shall be referred to 
     the committees in each House of Congress with jurisdiction.
       (B) Reporting date.--A joint resolution referred to in 
     subparagraph (A) may not be reported before the eighth 
     session day of Congress after the introduction of the joint 
     resolution.
       (3) Discharge of committee.--If the committee to which is 
     referred a joint resolution has not reported the joint 
     resolution (or an identical joint resolution) at the end of 
     30 session days of Congress after the date of introduction of 
     the joint resolution--
       (A) the committee shall be discharged from further 
     consideration of the joint resolution; and
       (B) the joint resolution shall be placed on the appropriate 
     calendar of the House concerned.
       (4) Floor consideration.--
       (A) Motion to proceed.--
       (i) In general.--When the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged under paragraph (3) from further consideration of, 
     a joint resolution--

       (I) it shall be at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any member of the House concerned to move 
     to proceed to the consideration of the joint resolution; and
       (II) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived.

       (ii) Privilege.--The motion to proceed to the consideration 
     of the joint resolution--

       (I) shall be highly privileged in the House of 
     Representatives and privileged in the Senate; and
       (II) not debatable.

       (iii) Amendments and motions not in order.--The motion to 
     proceed to the consideration of the joint resolution shall 
     not be subject to--

       (I) amendment;
       (II) a motion to postpone; or
       (III) a motion to proceed to the consideration of other 
     business.

       (iv) Motion to reconsider not in order.--A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order.
       (v) Business until disposition.--If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     House concerned until disposed of.
       (B) Limitations on debate.--
       (i) In general.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution.
       (ii) Further debate limitations.--A motion to limit debate 
     shall be in order and shall not be debatable.
       (iii) Amendments and motions not in order.--An amendment 
     to, a motion to postpone, a motion to proceed to the 
     consideration of other business, a motion to recommit the 
     joint resolution, or a motion to reconsider the vote by which 
     the joint resolution is agreed to or disagreed to shall not 
     be in order.
       (C) Vote on final passage.--Immediately following the 
     conclusion of the debate on a joint resolution, and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the House concerned, the vote on 
     final passage of the joint resolution shall occur.
       (D) Rulings of the chair on procedure.--An appeal from a 
     decision of the Chair relating to the application of the 
     rules of the Senate or House of Representatives, as the case 
     may be, to the procedure relating to a joint resolution shall 
     be decided without debate.
       (5) Coordination with action by other house.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     the following procedures shall apply:
       (A) No committee referral.--The joint resolution of the 
     other House shall not be referred to a committee.
       (B) Floor procedure.--With respect to a joint resolution of 
     the House receiving the joint resolution--
       (i) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the joint 
     resolution of the other House.
       (C) Disposition of joint resolutions of receiving house.--
     On disposition of the joint resolution received from the 
     other House, it shall no longer be in order to consider the 
     joint resolution originated in the receiving House.
       (6) Procedures after action by both the house and senate.--
     If a House receives a joint resolution from the other House 
     after the receiving House has disposed of a joint resolution 
     originated in that House, the action of the receiving House 
     with regard to the disposition of the joint resolution 
     originated in that House shall be deemed to be the action of 
     the receiving House with regard to the joint resolution 
     originated in the other House.
       (7) Rulemaking power.--This paragraph is enacted by 
     Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such this 
     paragraph--
       (i) is deemed to be a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution; and
       (ii) supersedes other rules only to the extent that this 
     paragraph is inconsistent with those rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as the rules relate 
     to the procedure of that House) at any time, in the same 
     manner and to the same extent as in the case of any other 
     rule of that House.
       (g) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section takes effect on the date of enactment of this Act.
       (2) Existing sanctions.--In the case of any unilateral 
     agricultural sanction or unilateral medical sanction that is 
     in effect as of the date of enactment of this Act, this 
     section takes effect 180 days after the date of enactment of 
     this Act.
                                 ______
                                 

                       DORGAN AMENDMENT NO. 2402

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. UNREASONABLE ACTS, POLICIES, AND PRACTICES.

       Section 301(d)(3)(B)(i) of the Trade Act of 1974 (19 U.S.C. 
     2411(d)(3)(B)(i)) is amended by striking subclause (IV) and 
     inserting the following:
       ``(IV) market opportunities, including the toleration by a 
     foreign government of systematic anticompetitive activities, 
     which include predatory pricing, discriminatory pricing, or 
     pricing below cost of production by enterprises or among 
     enterprises in the foreign country (including state trading 
     enterprises and state corporations) if the acts, policies, or 
     practices are inconsistent with commercial practices and have 
     the effect of restricting access of United States goods or 
     services to the foreign market or third country markets,''.
                                 ______
                                 

                    HARKIN AMENDMENTS NOS. 2403-2404

  (Ordered to lie on the table.)
  Mr. HARKIN submitted two amendments intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

                           Amendment No. 2403

       At the appropriate place, insert the following new section:

     SEC. ____. LIMITATIONS ON BENEFITS.

       (a) In General.--Notwithstanding any other provision of 
     this Act, no benefits under this Act shall be granted to any 
     country (or to any designated zone in that country) that does 
     not meet and effectively enforce the standards regarding 
     child labor established by the ILO Convention (No. 182) for 
     the Elimination of the Worst Forms of Child Labor.
       (b) Report.--Not later than 12 months after the date of 
     enactment of this Act and annually thereafter, the President, 
     after consultation with the Trade Policy Review Committee, 
     shall submit a report to Congress on the enforcement of, and 
     compliance with, the standards described in subsection (a).
                                  ____


                           Amendment No. 2404

       At the appropriate place, insert the following new section:

     SEC. ____. LIMITATIONS ON BENEFITS.

       (a) In General.--Notwithstanding any other provision of 
     this Act, no benefits under this Act shall be granted to any 
     country (or to any designated zone in that country) that does 
     not meet and effectively enforce the standards regarding 
     child labor established by the ILO Convention (No. 182) for 
     the Elimination of the Worst Forms of Child Labor.
                                 ______
                                 

                   FEINGOLD AMENDMENTS NOS. 2405-2409

  (Ordered to lie on the table.)
  Mr. FEINGOLD submitted five amendments intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

                           Amendment No. 2405

       Strike secs. 111 and 112, and insert:

[[Page S13482]]

     SEC. 111. ELIGIBILITY FOR CERTAIN BENEFITS.

       (a) In General.--Title V of the Trade Act of 1974 is 
     amended by inserting after section 506 the following new 
     section:

     ``SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR 
                   CERTAIN BENEFITS.

       ``(a) Authority To Designate.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the President is authorized to designate a country 
     listed in section 4 of the African Growth and Opportunity Act 
     as a beneficiary sub-Saharan African country eligible for the 
     benefits described in subsection (b), if the President 
     determines that the country--
       ``(A) has established, or is making continual progress 
     toward establishing--
       ``(i) a market-based economy, where private property rights 
     are protected and the principles of an open, rules-based 
     trading system are observed;
       ``(ii) a democratic society, where the rule of law, 
     political freedom, participatory democracy, and the right to 
     due process and a fair trial are observed;
       ``(iii) an open trading system through the elimination of 
     barriers to United States trade and investment and the 
     resolution of bilateral trade and investment disputes; and
       ``(iv) economic policies to reduce poverty, increase the 
     availability of health care and educational opportunities, 
     expand physical infrastructure, and promote the establishment 
     of private enterprise;
       ``(B) does not engage in gross violations of 
     internationally recognized human rights or provide support 
     for acts of international terrorism and cooperates in 
     international efforts to eliminate human rights violations 
     and terrorist activities; and
       ``(C) is taking adequate measures to prevent illegal 
     transshipment of goods that is carried out by rerouting, 
     false declaration concerning country of origin or place of 
     origin, falsification of official documents, evasion of 
     United States rules of origin for textile and apparel goods, 
     or any other means, in accordance with the requirements of 
     subsection (c) of sec 112.
       ``(D) is taking adequate measures to prevent being used as 
     a transit point for the shipment of goods in violation of the 
     Agreement on Textiles and Clothing or any other applicable 
     textile agreement.
       ``(E) subject to the authority granted to the President 
     under section 502 (a), (d), and (e), otherwise satisfies the 
     eligibility criteria set forth in section 502.
       ``(2) Monitoring and review of certain countries.--The 
     President shall monitor and review the progress of each 
     country listed in section 4 of the African Growth and 
     Opportunity Act in meeting the requirements described in 
     paragraph (1) in order to determine the current or potential 
     eligibility of each country to be designated as a beneficiary 
     sub-Saharan African country for purposes of subsection (a). 
     The President shall include the reasons for the President's 
     determinations in the annual report required by section 105 
     of the African Growth and Opportunity Act.
       ``(3) Continuing compliance.--If the President determines 
     that a beneficiary sub-Saharan African country is not making 
     continual progress in meeting the requirements described in 
     paragraph (1), the President shall terminate the designation 
     of that country as a beneficiary sub-Saharan African country 
     for purposes of this section, effective on January 1 of the 
     year following the year in which such determination is made.
       ``(b) Preferential Tariff Treatment for Certain Articles.--
       ``(1) In general.--The President may provide duty-free 
     treatment for any article described in section 503(b)(1) (B) 
     through (G) (except for textile luggage) that is the growth, 
     product, or manufacture of a beneficiary sub-Saharan African 
     country described in subsection (a), if, after receiving the 
     advice of the International Trade Commission in accordance 
     with section 503(e), the President determines that such 
     article is not import-sensitive in the context of imports 
     from beneficiary sub-Saharan African countries.
       ``(2) Rules of origin.--The duty-free treatment provided 
     under paragraph (1) shall apply to any article described in 
     that paragraph that meets the requirements of section 
     503(a)(2), except that--
       ``(A) if the cost or value of materials produced in the 
     customs territory of the United States is included with 
     respect to that article, an amount not to exceed 15 percent 
     of the appraised value of the article at the time it is 
     entered that is attributed to such United States cost or 
     value may be applied toward determining the percentage 
     referred to in subparagraph (A) of section 503(a)(2); and
       ``(B) the cost or value of the materials included with 
     respect to that article that are produced in one or more 
     beneficiary sub-Saharan African countries shall be applied in 
     determining such percentage.
       ``(c) Beneficiary Sub-Saharan African Countries, etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and `beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 4 of 
     the African Growth and Opportunity Act that the President has 
     determined is eligible under subsection (a) of this 
     section.''.
       (b) Waiver of Competitive Need Limitation.--Section 
     503(c)(2)(D) of the Trade Act of 1974 (19 U.S.C. 
     2463(c)(2)(D)) is amended to read as follows:
       ``(D) Least-developed beneficiary developing countries and 
     beneficiary sub-saharan african countries.--Subparagraph (A) 
     shall not apply to any least-developed beneficiary developing 
     country or any beneficiary sub-Saharan African country.''.
       (c) Termination.--Title V of the Trade Act of 1974 is 
     amended by inserting after section 505 the following new 
     section:

     ``SEC. 505A. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN 
                   COUNTRIES.

       ``In the case of a country listed in section 104 of the 
     African Growth and Opportunity Act that is a beneficiary 
     developing country, duty-free treatment provided under this 
     title shall remain in effect through September 30, 2006.''.
       (d) Clerical Amendments.--The table of contents for title V 
     of the Trade Act of 1974 is amended--
       (1) by inserting after the item relating to section 505 the 
     following new item:

``505A. Termination of benefits for sub-Saharan African countries.'';
     and
       (2) by inserting after the item relating to section 506 the 
     following new item:

``506A. Designation of sub-Saharan African countries for certain 
              benefits.''.

       (e) Effective Date.--The amendments made by this section 
     take effect on October 1, 1999.

     SEC. 112. TREATMENT OF CERTAIN TEXTILES AND APPAREL.

       (a) Preferential Treatment.--Notwithstanding any other 
     provision of law, textile and apparel articles described in 
     subsection (b) (including textile luggage) imported from a 
     beneficiary sub-Saharan African country, described in section 
     506A(c) of the Trade Act of 1974, shall enter the United 
     States free of duty and free of any quantitative limitations, 
     if--
       (1) The country is taking adequate measures to prevent 
     illegal transshipment of goods that is carried out by 
     rerouting, false declaration concerning country of origin or 
     place of origin, falsification of official documents, evasion 
     of United States rules of origin for textile and apparel 
     goods, or any other means, in accordance with the 
     requirements of subsection (c).
       (2) The country is taking adequate measures to prevent 
     being used as a transit point for the shipment of goods in 
     violation of the Agreement on Textiles and Clothing or any 
     other applicable textile agreement.
       (b) Products Covered.--The preferential treatment described 
     in subsection (a) shall apply only to the following textile 
     and apparel products:
       (1) Apparel articles assembled in beneficiary sub-saharan 
     african countries.--Apparel articles assembled in one or more 
     beneficiary sub-Saharan African countries from fabrics wholly 
     formed and cut in the United States, from yarns wholly formed 
     in the United States that are--
       (A) entered under subheading 9802.00.80 of the Harmonized 
     Tariff Schedule of the United States; or
       (B) entered under chapter 61 or 62 of the Harmonized Tariff 
     Schedule of the United States, if, after such assembly, the 
     articles would have qualified for entry under subheading 
     9802.00.80 of the Harmonized Tariff Schedule of the United 
     States but for the fact that the articles were subjected to 
     stone-washing, enzyme-washing, acid washing, perma-pressing, 
     oven-baking, bleaching, garment-dyeing, or other similar 
     processes.
       (2) Apparel articles cut and assembled in beneficiary sub-
     saharan african countries.--Apparel articles cut in one or 
     more beneficiary sub-Saharan African countries from fabric 
     wholly formed in the United States from yarns wholly formed 
     in the United States, if such articles are assembled in one 
     or more beneficiary sub-Saharan African countries with thread 
     formed in the United States.
       (3) Handloomed, handmade, and folklore articles.--A 
     handloomed, handmade, or folklore article of a beneficiary 
     sub-Saharan African country or countries that is certified as 
     such by the competent authority of such beneficiary country 
     or countries. For purposes of this paragraph, the President, 
     after consultation with the beneficiary sub-Saharan African 
     country or countries concerned, shall determine which, if 
     any, particular textile and apparel goods of the country (or 
     countries) shall be treated as being handloomed, handmade, or 
     folklore goods.
       (c) Customs Procedures and Enforcement.--
       (1) Obligations of importers and parties on whose behalf 
     apparel and textiles are imported.--
       (A) In general.--Notwithstanding any other provision of 
     law, all imports to the United States of textile and apparel 
     goods pursuant to this Act shall be accompanied by--
       (i)(I) the name and address of the manufacturer or producer 
     of the goods, and any other information with respect to the 
     manufacturer or producer that the Customs Service may 
     require; and
       (II) if there is more than one manufacturer or producer, or 
     if there is a contractor or subcontractor of the manufacturer 
     or producer with respect to the manufacture or production of 
     the goods, the information required under subclause (I) with 
     respect to each such manufacturer, producer, contractor, or 
     subcontractor, including a description of the process 
     performed by each such entity;
       (ii) a certification by the importer of record that the 
     importer has exercised reasonable care to ascertain the true 
     country of origin of the textile and apparel goods and

[[Page S13483]]

     the accuracy of all other information provided on the 
     documentation accompanying the imported goods, as well as a 
     certification of the specific action taken by the importer to 
     ensure reasonable care for purposes of this paragraph; and
       (iii) a certification by the importer that the goods being 
     entered do not violate applicable trademark, copyright, and 
     patent laws.
       (B) Liability.--The importer of record and the final retail 
     seller of the merchandise shall be jointly liable for any 
     material false statement, act, or omission made with the 
     intention or effect of--
       (i) circumventing any quota that applies to the 
     merchandise; or
       (ii) avoiding any duty that would otherwise be applicable 
     to the merchandise.
       (2) Obligations of countries to take action against 
     transshipment and circumvention.--The President shall ensure 
     that any country in sub-Saharan Africa that intends to import 
     textile and apparel goods into the United States--
       (A) has in place adequate measures to guard against 
     unlawful transshipment of textile and apparel goods and the 
     use of counterfeit documents; and
       (B) will cooperate fully with the United States to address 
     and take action necessary to prevent circumvention of any 
     provision of this section or of any agreement regulating 
     trade in apparel and textiles between that country and the 
     United States.
       (3) Standards of proof.--
       (A) For importers and retailers.--
       (i) In general.--The United States Customs Service (in this 
     Act referred to as the ``Customs Service'') shall seek 
     imposition of a penalty against an importer or retailer for a 
     violation of any provision of this section if the Customs 
     Service determines, after appropriate investigation, that 
     there is a substantial likelihood that the violation 
     occurred.
       (ii) Use of best available information.--If an importer or 
     retailer fails to cooperate with the Customs Service in an 
     investigation to determine if there has been a violation of 
     any provision of this section, the Customs Service shall base 
     its determination on the best available information.
       (B) For countries.--
       (i) In general.--The President may determine that a country 
     is not taking adequate measures to prevent illegal 
     transshipment of goods or to prevent being used as a transit 
     point for the shipment of goods in violation of this section 
     if the Customs Service determines, after consultations with 
     the country concerned, that there is a substantial likelihood 
     that a violation of this section occurred.
       (ii) Use of best available information.--

       (I) In general.--If a country fails to cooperate with the 
     Customs Service in an investigation to determine if an 
     illegal transshipment has occurred, the Customs Service shall 
     base its determination on the best available information.
       (II) Examples.--Actions indicating failure of a country to 
     cooperate under subclause (I) include--

       (aa) denying or unreasonably delaying entry of officials of 
     the Customs Service to investigate violations of, or promote 
     compliance with, this section or any textile agreement;
       (bb) providing appropriate United States officials with 
     inaccurate or incomplete information, including information 
     required under the provisions of this section; and
       (cc) denying appropriate United States officials access to 
     information or documentation relating to production capacity 
     of, and outward processing done by, manufacturers, producers, 
     contractors, or subcontractors within the country.
       (4) Penalties.--
       (A) For importers and retailers.--The penalty for a 
     violation of any provision of this section by an importer or 
     retailer of textile and apparel goods--
       (i) for a first offense (except as provided in clause 
     (iii)), shall be a civil penalty in an amount equal to 200 
     percent of the declared value of the merchandise, plus 
     forfeiture of the merchandise;
       (ii) for a second offense (except as provided in clause 
     (iii)), shall be a civil penalty in an amount equal to 400 
     percent of the declared value of the merchandise, plus 
     forfeiture of the merchandise, and, shall be punishable by a 
     fine of not more than $100,000, imprisonment for not more 
     than 1 year, or both; and
       (iii) for a third or subsequent offense, or for a first or 
     second offense if the violation of the provision of this 
     section is committed knowingly and willingly, shall be 
     punishable by a fine of not more than $1,000,000, 
     imprisonment for not more than 5 years, or both, and, in 
     addition, shall result in forfeiture of the merchandise.
       (B) For countries.--If a country fails to undertake the 
     measures or fails to cooperate as required by this section, 
     the President shall impose a quota on textile and apparel 
     goods imported from the country, based on the volume of such 
     goods imported during the first 12 of the preceding 24 
     months, or shall impose a duty on the apparel or textile 
     goods of the country, at a level designed to secure future 
     cooperation.
       (5) Applicability of united states laws and procedures.--
     All provisions of the laws, regulations, and procedures of 
     the United States relating to the denial of entry of articles 
     or penalties against individuals or entities for engaging in 
     illegal transshipment, fraud, or other violations of the 
     customs laws, shall apply to imports of textiles and apparel 
     from sub-Saharan African countries, in addition to the 
     specific provisions of this section.
       (6) Monitoring and reports to congress.--Not later than 
     March 31 of each year, the Customs Service shall monitor and 
     the Commissioner of Customs shall submit to Congress a report 
     on the measures taken by each country in sub-Saharan Africa 
     that imports textiles or apparel goods into the United 
     States--
       (A) to prevent transshipment; and
       (B) to prevent circumvention of this section or of any 
     agreement regulating trade in textiles and apparel between 
     that country and the United States.
       (d) Additional Enforcement.--A citizen of the United States 
     shall have a cause of action in the United States district 
     court in the district in which the citizen resides or in any 
     other appropriate district to seek compliance with the 
     standards set forth under subparagraphs (C) and (D) of 
     section 111 and section 112(c), of this Act with respect to 
     any sub-Saharan African country, including a cause of action 
     in an appropriate United States district court for other 
     appropriate equitable relief. In addition to any other relief 
     sought in such an action, a citizen may seek three times the 
     value of any damages caused by the failure of a country or 
     company to comply. The amount of damages described in the 
     preceding sentence shall be paid by the business enterprise 
     (or business enterprises) the operations or conduct of which 
     is responsible for the failure to meet the standards set 
     forth under subparagraphs (A) through (G) of section 
     201(b)(1), section 201(c), and section 201(d) of this Act.
       (e) Definitions.--In this section, the term ``Agreement on 
     Textiles and Clothing'' means the Agreement on Textiles and 
     Clothing referred to in section 101(d)(4) of the Uruguay 
     Round Agreements Act (19 U.S.C. 3511(d)(4)).
       (h) Effective Date.--The amendments made by this section 
     take effect on October 1, 1999 and shall remain in effect 
     through September 30, 2006.
                                  ____


                           Amendment No. 2406

       Strike Sec. 111 and insert the following:

     SEC. 111 ELIGIBILITY FOR CERTAIN BENEFITS.

       (a) In General.--Title V of the Trade Act of 1974 is 
     amended by inserting after section 506 the following new 
     section:

     ``SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR 
                   CERTAIN BENEFITS.

       ``(a) Authority To Designate.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the President is authorized to designate a country 
     listed in section 4 of the African Growth and Opportunity Act 
     as a beneficiary sub-Saharan African country eligible for the 
     benefits described in subsection (b), if the President 
     determines that the country--
       ``(A) has established, or is making continual progress 
     toward establishing--
       ``(i) a market-based economy, where private property rights 
     are protected and the principles of an open, rules-based 
     trading system are observed;
       ``(ii) a democratic society, where the rule of law, 
     political freedom, participatory democracy, and the right to 
     due process and a fair trial are observed;
       ``(iii) an open trading system through the elimination of 
     barriers to United States trade and investment and the 
     resolution of bilateral trade and investment disputes; and
       ``(iv) economic policies to reduce poverty, increase the 
     availability of health care and educational opportunities, 
     expand physical infrastructure, and promote the establishment 
     of private enterprise;
       ``(B) does not engage in gross violations of 
     internationally recognized human rights or provide support 
     for acts of international terrorism and cooperates in 
     international efforts to eliminate human rights violations 
     and terrorist activities;
       ``(C) subject to the authority granted to the President 
     under section 502 (a), (d), and (e), otherwise satisfies the 
     eligibility criteria set forth in section 502;
       ``(D) has established that the cost or value of the textile 
     or apparel product produced in the country, or by companies 
     in any 2 or more sub-Saharan African countries, plus the 
     direct costs of processing operations performed in the 
     country or such countries, is not less than 60 percent of the 
     appraised value of the product at the time it is entered into 
     the customs territory of the United States; and
       ``(E) has established that not less than 90 percent of 
     employees in business enterprises producing the textile and 
     apparel goods are citizens of that country, or any 2 or more 
     sub-Saharan African countries.
       ``(2) Monitoring and review of certain countries.--The 
     President shall monitor and review the progress of each 
     country listed in section 4 of the African Growth and 
     Opportunity Act in meeting the requirements described in 
     paragraph (1) in order to determine the current or potential 
     eligibility of each country to be designated as a beneficiary 
     sub-Saharan African country for purposes of subsection (a). 
     The President shall include the reasons for the President's 
     determinations in the annual report required by section 105 
     of the African Growth and Opportunity Act.
       ``(3) Continuing compliance.--If the President determines 
     that a beneficiary sub-Saharan African country is not making 
     continual progress in meeting the requirements described in 
     paragraph (1), the President shall terminate the designation 
     of that country as

[[Page S13484]]

     a beneficiary sub-Saharan African country for purposes of 
     this section, effective on January 1 of the year following 
     the year in which such determination is made.
       ``(b) Preferential Tariff Treatment for Certain Articles.--
       ``(1) In general.--The President may provide duty-free 
     treatment for any article described in section 503(b)(1) (B) 
     through (G) (except for textile luggage) that is the growth, 
     product, or manufacture of a beneficiary sub-Saharan African 
     country described in subsection (a), if, after receiving the 
     advice of the International Trade Commission in accordance 
     with section 503(e), the President determines that such 
     article is not import-sensitive in the context of imports 
     from beneficiary sub-Saharan African countries.
       ``(2) rules of origin.--The duty-free treatment provided 
     under paragraph (1) shall apply to any article described in 
     that paragraph that meets the requirements of section 
     503(a)(2), except that--
       ``(A) if the cost or value of materials produced in the 
     customs territory of the United States is included with 
     respect to that article, an amount not to exceed 15 percent 
     of the appraised value of the article at the time it is 
     entered that is attributed to such United States cost or 
     value may be applied toward determining the percentage 
     referred to in subparagraph (A) of section 503(a)(2); and
       ``(B) the cost or value of the materials included with 
     respect to that article that are produced in one or more 
     beneficiary sub-Saharan African countries shall be applied in 
     determining such percentage.
       ``(c) Beneficiary Sub-Saharan African Countries, etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and `beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 4 of 
     the African Growth and Opportunity Act that the President has 
     determined is eligible under subsection (a) of this 
     section.''.
       ``(c) Beneficiary Sub-Saharan African Countries, etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and `beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 104 
     of the African Growth and Opportunity Act that the President 
     has determined is eligible under subsection (a) of this 
     section.''.
       (b) Waiver of Competitive Need Limitation.--Section 
     503(c)(2)(D) of the Trade Act of 1974 (19 U.S.C. 
     2463(c)(2)(D)) is amended to read as follows:
       ``(D) Least-developed beneficiary developing countries and 
     beneficiary sub-saharan african countries.--Subparagraph (A) 
     shall not apply to any least-developed beneficiary developing 
     country or any beneficiary sub-Saharan African country.''.
       (c) Termination.--Title V of the Trade Act of 1974 is 
     amended by inserting after section 506A, as added by 
     subsection (a), the following new section:

     ``SEC. 506B. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN 
                   COUNTRIES.

       ``In the case of a country listed in section 104 of the 
     African Growth and Opportunity Act that is a beneficiary 
     developing country, duty-free treatment provided under this 
     title shall remain in effect through September 30, 2006.''.
       (d) Clerical Amendments.--The table of contents for title V 
     of the Trade Act of 1974 is amended by inserting after the 
     item relating to section 505 the following new items:

``506A. Designation of sub-Saharan African countries for certain 
              benefits.
``506B. Termination of benefits for sub-Saharan African countries.''.

       (e) Effective Date.--The amendments made by this section 
     take effect on October 1, 2000.
                                  ____


                           Amendment No. 2407

       At the appropriate place, insert the following new title:
           TITLE ____HIV/AIDS EPIDEMIC IN SUB-SAHARAN AFRICA

     SEC. ____01. FINDINGS AND POLICY.

       (a) In General.--Congress finds that, in addition to 
     drought and famine, the HIV/AIDS epidemic has caused 
     countless deaths and untold suffering among the people of 
     sub-Saharan Africa.
       (b) Policy.--It is the policy of Congress, in developing 
     new economic relations with sub-Saharan Africa, to assist 
     sub-Saharan African countries in efforts to make safe and 
     efficacious pharmaceuticals and medical technologies as 
     widely available to their populations as possible.
       (c) Amendments to Foreign Assistance Act of 1961.--
       (1) Section 496(a)(1) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2293(a)(1)) is amended by striking ``drought and 
     famine'' and inserting ``drought, famine, and the HIV/AIDS 
     epidemic''.
       (2) Section 496(i)(2) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2293(i)(2)) is amended by striking ``(including 
     displaced children)'' and inserting ``(including displaced 
     children and improving HIV/AIDS prevention and treatment 
     programs)''.

     SEC. ____02. REQUIREMENTS RELATING TO SUB-SAHARAN AFRICAN 
                   INTELLECTUAL PROPERTY AND COMPETITION LAW.

       (a) Findings.--Congress finds that--
       (1) since the onset of the worldwide HIV/AIDS epidemic, 
     approximately 34,000,000 people living in sub-Saharan Africa 
     have been infected with the disease;
       (2) of those infected, approximately 11,500,000 have died; 
     and
       (3) the deaths represent 83 percent of the total HIV/AIDS-
     related deaths worldwide.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the interest of the United States to take all 
     necessary steps to prevent further spread of infectious 
     disease, particularly HIV/AIDS; and
       (2) individual countries should have the ability to 
     determine the availability of pharmaceuticals and health care 
     for their citizens in general, and particularly with respect 
     to the HIV/AIDS epidemic.
       (c) Limitations on Funding.--Funds appropriated or 
     otherwise made available to any department or agency of the 
     United States may not be obligated or expended to seek, 
     through negotiation or otherwise, the revocation or revisions 
     of any sub-Saharan African intellectual property or 
     competition law or policy that is designed to promote access 
     to pharmaceuticals or other medical technologies if the law 
     or policy, as the case may be, complies with the Agreement on 
     Trade-Related Aspects of Intellectual Property Rights 
     referred to in section 101(d)(15) of the Uruguay Round 
     Agreements Act.
                                  ____


                           Amendment No. 2408

       At the appropriate place, insert the following new section:

     SEC. ____. ANTICORRUPTION EFFORTS.

       (a) Findings.--Congress makes the following findings:
       (1) Corruption and bribery of public officials is a major 
     problem in many African countries and represents a serious 
     threat to the development of a functioning domestic private 
     sector, to United States business and trade interests, and to 
     prospects for democracy and good governance in African 
     countries.
       (2) Of the 17 countries in sub-Saharan Africa rated by the 
     international watchdog group, Transparency International, as 
     part of the 1998 Corruption Perception Index, 13 ranked in 
     the bottom half.
       (3) The Organization for Economic Cooperation and 
     Development (OECD) Convention on Combating Bribery of Foreign 
     Public Officials in International Business Transactions, 
     which has been signed by all 29 members of the OECD plus 
     Argentina, Brazil, Bulgaria, Chile, and the Slovak Republic 
     and which entered into force on February 15, 1999, represents 
     a significant step in the elimination of bribery and 
     corruption in international commerce.
       (4) As a party to the OECD Convention on Combating Bribery 
     of Foreign Public Officials in International Business 
     Transactions, the United States should encourage the highest 
     standards possible with respect to bribery and corruption.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should encourage at every opportunity the 
     accession of sub-Saharan African countries, as defined in 
     section 6, to the OECD Convention on Combating Bribery of 
     Foreign Public Officials in International Business 
     Transactions.
                                  ____


                           Amendment No. 2409

       At the appropriate place, insert the following new title:
   TITLE ____DEVELOPMENT ASSISTANCE FOR SUB-SAHARAN AFRICAN COUNTRIES

     SEC. ____01. FINDINGS.

       (a) In General.--Congress makes the following findings:
       (1) In addition to drought and famine, the HIV/AIDS 
     epidemic has caused countless deaths and untold suffering 
     among the people of sub-Saharan Africa.
       (2) The Food and Agricultural Organization estimates that 
     543,000,000 people, representing nearly 40 percent of the 
     population of sub-Saharan Africa, are chronically 
     undernourished.
       (b) Amendment to Foreign Assistance Act of 1961.--Section 
     496(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2293(a)(1)) is amended by striking ``drought and famine'' and 
     inserting ``drought, famine, and the HIV/AIDS epidemic''.

     SEC. ____02. PRIVATE AND VOLUNTARY ORGANIZATIONS.

       Section 496(e) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2293(e)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) Capacity building.--In addition to assistance 
     provided under subsection (h), the United States Agency for 
     International Development shall provide capacity building 
     assistance through participatory planning to private and 
     voluntary organizations that are involved in providing 
     assistance for sub-Saharan Africa under this chapter.''.

     SEC. ____03. TYPES OF ASSISTANCE.

       Section 496(h) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2293(h)) is amended by adding at the end the 
     following:
       ``(4) Prohibition on military assistance.--Assistance under 
     this section--
       ``(A) may not include military training or weapons; and
       ``(B) may not be obligated or expended for military 
     training or the procurement of weapons.''.

     SEC. ____04. CRITICAL SECTORAL PRIORITIES.

       (a) Agriculture, Food Security and Natural Resources.--
     Section 496(i)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2293(i)(1)) is amended--
       (1) in the heading, to read as follows:

[[Page S13485]]

       ``(1) Agriculture, food security and natural resources.--
     '';
       (2) in subparagraph (A)--
       (A) in the heading, to read as follows:
       ``(A) Agriculture and food security.--'';
       (B) in the first sentence--
       (i) by striking ``agricultural production in ways'' and 
     inserting ``food security by promoting agriculture 
     policies''; and
       (ii) by striking ``, especially food production,''; and
       (3) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``agricultural production'' and inserting 
     ``food security and sustainable resource use''.
       (b) Health.--Section 496(i)(2) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2293(i)(2)) is amended by striking 
     ``(including displaced children)'' and inserting ``(including 
     displaced children and improving HIV/AIDS prevention and 
     treatment programs)''.
       (c) Voluntary Family Planning Services.--Section 496(i)(3) 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2293(i)(3)) 
     is amended by adding at the end before the period the 
     following: ``and access to prenatal healthcare''.
       (d) Education.--Section 496(i)(4) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2293(i)(4)) is amended by adding at 
     the end before the period the following: ``and vocational 
     education, with particular emphasis on primary education and 
     vocational education for women''.
       (e) Income-Generating Opportunities.--Section 496(i)(5) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2293(i)(5)) is 
     amended--
       (1) by striking ``labor-intensive''; and
       (2) by adding at the end before the period the following: 
     ``, including development of manufacturing and processing 
     industries and microcredit projects''.

     SEC. ____05. REPORTING REQUIREMENTS.

       Section 496 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2293) is amended by adding at the end the following:
       ``(p) Reporting Requirements.--The Administrator of the 
     United States Agency for International Development shall, on 
     a semiannual basis, prepare and submit to Congress a report 
     containing--
       ``(1) a description of how, and the extent to which, the 
     Agency has consulted with nongovernmental organizations in 
     sub-Saharan Africa regarding the use of amounts made 
     available for sub-Saharan African countries under this 
     chapter;
       ``(2) the extent to which the provision of such amounts has 
     been successful in increasing food security and access to 
     health and education services among the people of sub-Saharan 
     Africa;
       ``(3) the extent to which the provision of such amounts has 
     been successful in capacity building among local 
     nongovernmental organizations; and
       ``(4) a description of how, and the extent to which, the 
     provision of such amounts has furthered the goals of 
     sustainable economic and agricultural development, gender 
     equity, environmental protection, and respect for workers' 
     rights in sub-Saharan Africa.''.

     SEC. ____06. SEPARATE ACCOUNT FOR DEVELOPMENT FUND FOR 
                   AFRICA.

       Amounts appropriated to the Development Fund for Africa 
     shall be appropriated to a separate account under the heading 
     ``Development Fund for Africa'' and not to the account under 
     the heading ``Development Assistance''.
                                 ______
                                 

                      THURMOND AMENDMENT NO. 2410

  (Ordered to lie on the table.)
  Mr. THURMOND submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . TRADE ADJUSTMENT ASSISTANCE FOR TEXTILE AND APPAREL 
                   WORKERS.

       Notwithstanding any other provision of law, workers in 
     textile and apparel firms who lose their jobs or are 
     threatened with job loss as a result of either (1) a decrease 
     in the firm's sales or production; or (2) a firm's plant or 
     facility closure or relocation, shall be certified by the 
     Secretary of Labor as eligible to receive adjustment 
     assistance at the same level of benefits as workers certified 
     under subchapter D of chapter 2 of title II of the Trade Act 
     of 1974 not later than 30 days after the date a petition for 
     certification is filed under such title II.
                                 ______
                                 

                    DURBIN AMENDMENT NOS. 2411-4212

  (Ordered to lie on the table.)
  Mr. DURBIN submitted two amendments intended to be proposed by him to 
amendment No. 2325 proposed by Mr. Roth to the bill, H.R. 434, supra, 
as follows:

                           Amendment No. 2411

       On page 20, line 10, after ``Africa'', insert the 
     following: ``and to encourage sub-Saharan African countries 
     to sign the Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions''.
                                  ____


                           Amendment No. 2412

       On page 10, strike lines 3 through 12, and insert the 
     following:
       ``(iii) an open trading system through the elimination of 
     barriers to United States trade and investment and the 
     resolution of bilateral trade and investment disputes;
       ``(iv) economic policies to reduce poverty, increase the 
     availability of health care and educational opportunities, 
     expand physical infrastructure, and promote the establishment 
     of private enterprise; and
       ``(v) a system to combat corruption and bribery, such as 
     signing the Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions;

                          ____________________