S.1420 - Omnibus Trade and Competitiveness Act of 1987100th Congress (1987-1988)
|Sponsor:||Sen. Byrd, Robert C. [D-WV] (Introduced 06/24/1987)|
|Latest Action:||07/22/1987 Senate incorporated this measure into H.R. 3. (All Actions)|
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Summary: S.1420 — 100th Congress (1987-1988)All Bill Information (Except Text)
Introduced in Senate (06/24/1987)
Omnibus Trade and Competitiveness Act of 1987 - Title I: Authority to Negotiate Trade Agreements - Omnibus Trade Act of 1987 - Grants the President, through January 3, 1994, the authority to enter into multilateral trade agreements to reduce or eliminate trade barriers or distortions whenever the President determines that such barriers to, or distortions of, international trade: (1) unduly burden or restrict U.S. foreign trade or adversely affect the U.S. economy; or (2) are likely to result in such a burden, restriction, or effect. Limits the amount of reduction in duty that such agreements may involve.
Grants the President, through January 3, 1994, the authority to enter into bilateral trade agreements with foreign countries providing for the reduction or elimination of trade barriers or distortions. Provides that such a bilateral trade agreement may be entered into only if: (1) the foreign country requested the negotiation of such an agreement; and (2) the President provides 60 days' notice to specified congressional committees and consults with such committees.
Requires the President, before entering into negotiation of such a multilateral or bilateral trade agreement, to determine: (1) whether state trading enterprises account for a significant share of the exports of such foreign country or of the goods of such country that are subject to import competition; and (2) whether such state trading enterprises unduly burden or restrict, or adversely affect, U.S. foreign trade or the U.S. economy or are likely to result in such a burden, restriction, or effect. Authorizes the President, if a country's state trading enterprises meet such criteria, to enter into a multilateral or bilateral trade agreement with such country only if such agreement provides that the state trading enterprises: (1) will make non-governmental purchases and sales in international trade in accordance with commercial considerations; and (2) will give U.S. businesses adequate opportunity to compete for participation in such purchases and sales.
Provides that a multilateral or bilateral trade agreement may be entered into only if the trade agreement: (1) meets the negotiating objectives described in the Omnibus Trade Act of 1987; (2) provides for the reciprocal exchange of obligations among the signatories to the agreement; (3) provides a reasonable likelihood that the United States can enforce the obligations of such agreement; and (4) complements and reinforces existing agreements with non-signatory countries and existing U.S. agreements on related economic subjects.
Requires the President, before entering into such a multilateral or bilateral trade agreement, to consult with specified congressional committees.
Requires the U.S. Trade Representative (USTR) and the Advisory Committee For Trade Negotiations to consult with such congressional committees on a continuing basis in order to inform the Congress of trade negotiations and the progress in meeting, and obstacles to achieving, U.S. trade negotiating objectives. Requires the President and the Advisory Committee to submit to the Congress a report on the progress being made in any multilateral and bilateral negotiations.
Provides that a multilateral or bilateral trade agreement entered into under the Omnibus Trade Act of 1987 shall enter into force with respect to the United States if: (1) the President has notified the Congress of the intent to enter into such an agreement; (2) after entering into the agreement the President submits the final legal text of the agreement to the Congress together with other specified materials; and (3) the implementing bill is enacted. Authorizes the President to make certain recommendations to the Congress in order to ensure that a foreign country that receives benefits under a trade agreement is subject to obligations under the agreement. Imposes limitations on the use of expedited congressional procedures for the consideration of an implementing bill or approval resolution relating to such trade agreements.
Declares that the overall objectives of the United States in international trade negotiations shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining, and service sectors; and (4) improved management of the new global economy. Sets forth the principal objectives in negotiating such agreements.
Amends the Trade Act of 1974 to declare that the principal U.S. negotiating objectives under the import relief provisions of such Act shall be to eliminate or reduce foreign barriers to equitable access by U.S. persons to foreign development technology. Requires the United States, in pursuing such objectives, to take into account U.S. policies in licensing or otherwise making available to foreign persons technology and other information developed by U.S. laboratories.
Provides termination and reservation authority for trade agreements entered into under this Act.
Requires the President to determine, before January 3, 1991, whether any major industrial country has failed to make reciprocal concessions under a trade agreement. Requires the President to recommend certain legislation to the Congress with respect to such a country if the country has failed to make such concessions.
Provides that no political party shall dominate the membership of specified trade advisory committees.
Requires the International Trade Commission (ITC), when providing advice to the President on import-sensitive articles, to identify articles that are sensitive to imports and to include a statement of whether any reduction, elimination, or modification of duties under consideration with respect to such articles may injure the domestic industry producing such articles. Directs the President with respect to offers made in the course of trade negotiations for the modification or continuance of any U.S. duty, import restriction, or barrier to international trade, to take into account any advice or reports submitted by: (1) the ITC; (2) the Advisory Committee for Trade Negotiations; or (3) any organization that holds public hearings with respect to such articles, or domestic industry that is sensitive to imports.
Requires the President to make the same determinations regarding state trading enterprises before a foreign country accedes to a multinational trade agreement to which the United States is a party that the President is required to make before entering into negotiation of a multilateral or bilateral trade agreement under the Omnibus Trade Act of 1987. Requires the President, if a country's state trading enterprises meet such criteria, to reserve the right of the United States to withhold extension of such agreement between the United States and such country. Provides that, if a country's state trading enterprises meet such criteria such trade agreement shall not apply between the United States and such country until: (1) such country and the United States enter into an agreement providing that the state trading enterprises will make certain purchases and sales in accordance with commercial considerations and will afford U.S. businesses an opportunity to compete for such purchases and sales; or (2) a bill which approves the extension of such agreement between the United States and such foreign country is enacted. Provides for expedited congressional consideration of such an implementing bill.
Declares that the Congress finds that: (1) the benefit of trade concessions can be adversely affected by misalignments in currency; and (2) such misalignments caused by Government policies intended to maintain an unfair trade advantage tend to nullify and impair such concessions. Directs the President to take action to initiate bilateral currency negotiations with a foreign country whenever he determines, during the course of trade negotiations with such country, that: (1) such country manipulates currency exchange rates and maintains barriers to investment, encourages internal investment, or engages in other policies for the purpose of preventing balance of payments adjustments or gaining an unfair competitive advantage in trade; (2) the currency of such country is substantially undervalued against the U.S. dollar; and (3) such country has a material surplus in the balance on the current account between such country and the rest of the world.
Title II: Enhancing Competitiveness - Subtitle A: Positive Adjustment in Import-Impacted Industries - Amends the Trade Act of 1974 to change the chapter providing for import relief. Provides that a petition for eligibility for import relief for the purpose of facilitating orderly adjustment to import competition may be filed with the ITC by any entity which is representative of an industry. Requires the petition to include: (1) a statement describing the specific purposes for which import relief is being sought; and (2) a plan to promote positive adjustment to import competition.
Requires the ITC to begin an investigation to determine whether an article is being imported in such increased quantities as to be a substantial cause of serious injury, or threat of serious injury, to a competing domestic industry upon: (1) request of the President or the USTR; (2) resolution of specified congressional committees; or (3) filing of a petition. Requires the ITC, in making such determination, to consider all relevant economic factors. Lists certain factors to be considered, including, with respect to serious injury, the inability of a significant number of firms to operate domestic production facilities at a reasonable profit and, with respect to threat of serious injury: (1) export targeting by a foreign government; (2) the existence of affirmative antidumping or countervailing duty determinations relating to a specified country; (3) the extent of the inability of the domestic industry to maintain its research and development expenditures; and (4) the extent to which articles are being diverted to the United State because of export or import restraints in a third country.
Sets forth the methods to be used by the ITC to determine the relevant domestic industry, including requiring the ITC to treat as part of an industry only its domestic production even if the industry also imports.
Defines "substantial cause" to mean a cause which is important and not less than any other cause.
Requires the ITC to: (1) investigate and report on efforts made by firms and workers in the industry to compete more effectively; and (2) investigate any factors which may be contributing to increased imports and, if the ITC has reason to believe that the increased imports are attributable to dumping, to notify the appropriate agency.
Declares that imports of competitive articles by domestic producers shall not be considered a factor indicating the absence of serious injury or threat of serious injury to such industry.
Requires the ITC to examine factors other than imports which may be a cause of injury or threat of injury to the domestic industry.
Requires the ITC to hold public hearings in import relief investigations.
Permits any firm, union, local community, trade association, or any other persons to submit to the ITC commitments regarding their efforts to promote a positive adjustment in the domestic industry to import competition. Requires the ITC, if it makes an affirmative determination of serious injury or threat of serious injury to a domestic industry, to confidentially obtain such commitments.
Requires the ITC to make a determination within 150 days of the start of an import relief investigation. Prohibits an import relief investigation with respect to a domestic industry which was the subject of a previous investigation that resulted in tariff changes, import quotas, or orderly marketing agreements. Prohibits for one year any import relief investigation, except for good cause, of the same subject matter as a previous investigation that did not succeed in obtaining relief.
Requires the President to impose provisional import relief if the President finds that critical circumstances exist. Sets forth limitations on the duration of such relief. Declares that critical circumstances exist if a significant increase in imports over a short period of time has led to circumstances in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the regular import relief procedure.
Permits a petition which alleges import injury to a perishable product to be filed with the Secretary of Agriculture with a request that emergency relief be granted. Sets forth the procedure and timetable for granting such emergency relief.
Requires the ITC to report to the President on the determination made by the ITC in an import relief investigation. Sets forth information to be included in such report. Requires the ITC, if it determines that import relief is warranted, to: (1) recommend actions which the President is authorized to take action (other than to negotiate on orderly marketing agreement to limit imports) that will assist a domestic industry to become more competitive; and (2) include specified information in the report to the President including a description of the short- and long-term effects of the implementation of the recommendation on other domestic industries and consumers. Limits the extent of the impact of, and the duration of, the import relief recommended by the ITC. Provides for public hearings by the ITC on its recommendations.
Permits the ITC to recommend the suspension of specified articles of the Tariff Schedules of the United States or the designation of an article as an eligible article under the Generalized System of Preferences if, in addition to making an affirmative determination that injury exists with respect to increased quantities of such articles, it determines in the course of its investigation that the serious injury, or serious threat of injury, to the domestic industry producing a like or directly competitive article is substantially caused by such imported articles. Provides for public hearings by the ITC on its recommendations.
Requires the ITC, if it makes an affirmative determination of injury to a domestic industry, to: (1) hold a public hearing on ITC recommendations for import relief; and (2) take into account, when making such recommendations to the President, any positive adjustment plan or confidential commitments by firms or workers to promote the competitiveness of a domestic industry. Requires the ITC to transmit such plan, confidential commitments, and report containing ITC recommendations with respect to import relief to the President.
Requires the ITC to: (1) consider specified factors in making such recommendations; (2) report to the President on import relief determinations within 180 days of the start of the investigation; and (3) furnish additional information to the President upon request.
Requires the President, if the ITC makes an affirmative determination that import relief is warranted, to take, within 60 days of receipt of the ITC report: (1) the actions recommended by the ITC or other actions which are at least substantially equivalent to the actions recommended by the ITC; and (2) other authorized actions that are likely to assist the domestic industry to become more competitive. Declares that the President shall not be required to take such action if he determines it would: (1) endanger U.S. national security; or (2) be a substantial cause of serious injury to a domestic industry that consumes a product of the domestic industry that is the subject of an import relief determination by the ITC.
Requires the President, when the ITC makes an affirmative determination of an injury caused by increased quantities of imports and recommends the provision of trade adjustment assistance to workers or firms in a domestic industry that is the subject of such determination, to direct the Secretary of Labor or the Secretary of Commerce to certify such workers or firms as eligible for such assistance.
Requires the President to take actions to implement import relief measures recommended by the ITC if: (1) he takes actions that are different from those actions recommended by the ITC or takes no action at all; and (2) a joint resolution of disapproval is passed by the Congress. Sets forth factors the President should consider when determining import relief measures.
Requires the President to submit to the Congress a report setting forth: (1) the actions he has determined to take with regard to import relief; (2) the reasons for any difference in the import relief granted and that recommended by the ITC; (3) the basis for his determination; and (4) any recommendations for legislation that would assist the domestic industry to become more competitive.
Sets forth the timetable for actions by the President in import relief actions. Sets forth the import relief actions the President is authorized to take, including providing increases of duties, tariff-rate quotas, marketing agreements to limit imports, trade adjustment assistance, and entering into multilateral negotiations.
Authorizes the President to take such additional actions as may be necessary to eliminate the circumvention of import relief actions previously taken by the President. Provides for administration, review, and termination of import relief actions taken by the President. Limits the duration of import relief actions to ten years.
Directs the Secretary of the Treasury to issue and use import licenses in administering certain limitations imposed under the Trade Act of 1974 on the quantity of articles imported into the United States. Requires the Secretary of the Treasury to auction such licenses to the public. Sets forth requirements with respect to such licenses. Authorizes the President to negotiate orderly marketing agreements if such agreement provides for the administration and enforcement of such agreement by the United States through the issuance and auctioning of import licenses. Requires the Secretary of the Treasury to: (1) conduct a study on the effects of auctioning import licenses with respect to certain import limitations imposed under the Trade Act of 1974; and (2) submit a report on such study to the Congress.
Establishes in the Treasury the Auctioned Import License Trust Fund. Requires the Secretary of the Treasury to deposit amounts received from the auctioning of import licenses into such Fund. Sets forth requirements with respect to the maintenance of such Fund.
Subtitle B: Trade Competitiveness Assistance - Amends the Trade Act of 1974 to revise the eligibility requirements for trade adjustment assistance for workers and firms. Authorizes the certification of workers and firms (including workers and firms in the oil and gas industry) as eligible for such assistance if there are increases in imports of articles that are competitive with articles to which the workers or the firms provide essential goods or services. Requires the Secretary of Labor to notify each worker who is covered by a certification for trade adjustment assistance.
Requires a worker, in order to receive cash assistance, to: (1) be enrolled in a training program approved by the Secretary of Labor; (2) have completed such a program; or (3) have received a written certification from the Secretary or the relevant State or State agency that it is not feasible or appropriate to approve a training program for such worker. Prohibits payment of such assistance to such worker if the worker has failed to begin, or has ceased to participate in, such training program and there is no justifiable cause for such failure or cessation until the worker begins or resumes participation in such training program.
Requires the Secretary of Labor to report annually to specified congressional committees on the number of workers who received certifications on the non-feasibility or inappropriateness of job training during the preceding year.
Increases the maximum trade readjustment allowance to an amount equal to 78 (currently 52) times the amount of one week's trade readjustment allowance. Provides that such increase shall apply to a worker who receives a certification of non-feasibility of job training.
Sets forth provisions relating to: (1) the duration of worker training programs; (2) other sources of funds to cover the costs of such programs; and (3) breaks in training.
Requires that, if the Secretary of Labor approves training for adversely affected workers the training must be reasonably available. Provides that such training may be paid for directly or through a voucher system.
Limits the total amount of payments for training for each adversely affected worker to $4,000.
Requires agreements entered into with States for the provision of training program services for adversely affected workers to include the coordination of the administration of employment services, training, and supplemental job assistance for such workers.
Requires each cooperating State agency (agency which provides trade adjustment assistance services) to advise adversely affected workers of training opportunities as soon as practicable. (Current law requires the agency to provide such advice within 60 days of receiving an application for training.)
Sets forth provisions relating to a worker's separation from employment and eligibility for trade adjustment assistance.
Terminates on September 30, 1993, trade adjustment assistance programs for workers, technical assistance for firms, and the imposition of import fees to fund such programs.
Authorizes appropriations for trade adjustment assistance for workers and for firms through FY 1990. (Current law authorizes such appropriations through FY 1991.)
Establishes within the Treasury a Trade Competitiveness Assistance Trust Fund. Provides for funding the Trust Fund. Requires the amounts in the Trust Fund to be used to: (1) pay drawbacks and refunds of the duty imposed on all imports under the Trade Act of 1974; (2) carry out trade adjustment assistance for workers and firms; and (3) repay advances made to the Trust Fund from appropriations. Prohibits the use of the amounts in the Trust Fund to pay certain loans guaranteed under programs for trade adjustment assistance for firms.
Limits the amount for payment of trade adjustment assistance for workers and firms to available funds in the Trust Fund. Authorizes appropriations to the Trust Fund for payment of such assistance.
Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade (GATT) to allow countries to impose a small uniform fee on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress six months after enactment of this Act on the progress of such negotiations.
Directs the President to report to the Congress as soon as the GATT allows the imposition of such a fee.
Imposes an additional fee on all imports into the United States, including those imports granted duty-free treatment, with specified exceptions.
Title III: Unfair International Trade Practices Investigations - Subtitle A: Mandatory Responses to Unfair Distortions of International Trade - Amends the Trade Act of 1974 to require the national trade estimate prepared annually by the USTR to include a list of the trade barriers of each foreign country and an estimate of the value of additional U.S. goods and services and the value of additional foreign direct investment by U.S. persons that would have been exported to, or invested in, each foreign country if each of such trade barriers did not exist. Requires the USTR to consider the value of such U.S. exports and investments in determining the trade distorting impact of such trade barriers. Changes the date on which such annual report (to be known as the National Trade Estimate) is due to March 31, 1988.
Requires the USTR to identify those foreign countries which: (1) have the most egregious acts, policies, or practices that deny adequate protection of intellectual property rights, or deny fair market access to U.S. persons that rely upon intellectual property protection, or have the greatest adverse impact in the markets of such foreign country, or in other international markets, on U.S. products; and (2) have not entered into good faith negotiations to provide intellectual property protection or market access to U.S. persons who rely upon intellectual property protection.
Requires the President to initiate negotiations between the United States and countries identified as maintaining a consistent pattern of barriers and market distorting practices to eliminate such practices. Requires the USTR to determine whether such foreign country maintains a consistent pattern of barriers and market distorting practices.
Requires the USTR, on the basis of the National Trade Estimate, to initiate investigations with respect to those countries that maintain such barriers and distortions for the purpose of expanding U.S. exports to such countries. Exempts the USTR from initiating such investigations if he believes such investigations would be detrimental to other efforts being made to eliminate such barriers or distortions.
Requires the USTR to initiate an investigation with respect to those countries that deny protection of intellectual property rights and have been designated by the USTR as a priority country. Exempts the USTR from initiating such investigation if he determines that: (1) the initiation of the investigation would be detrimental to U.S. national economic interests; or (2) the foreign country has entered into good faith bilateral or multilateral negotiations to remedy such practices.
Requires the USTR to determine within nine months of the start of an investigation, whether: (1) the United States is being denied any trade rights; or (2) the trade practices being investigated constitute unfair practices. Requires the USTR to provide an opportunity for the presentation of the views of interested parties and to obtain advice from appropriate advisory bodies either before or after making such determination depending upon whether expeditious action is required. Requires the USTR to make the determination more quickly (within six months) if export targeting or unfair intellectual property practices is alleged. Requires the USTR, if he makes an affirmative determination, to recommend actions the President should take with respect to such unfair practices. Requires the President to take the actions necessary to enforce U.S. trade rights and eliminate unfair trade practices if such determination is affirmative. Sets forth the time frame in which such actions must be taken. Authorizes the President to postpone taking such actions for any periods of delay in formal dispute settlement proceedings under a trade agreement or if he makes a specified certification to the Congress. Prohibits the President from granting more than two postponements.
Declares that the President is not required to take any actions if: (1) the contracting parties to the General Agreement on Tariffs and Trade (GATT) make a determination or a ruling is issued under the formal dispute settlement proceedings that conflicts with the USTR's determination of unfair trade practices; (2) an agreement is entered into between the United States and the foreign country involved and the affected domestic industry or the petitioner agrees that such agreement adequately offsets the unfair trade practices and enforces U.S. trade rights; or (3) the President submits specified certifications to the Congress.
Terminates any actions taken in response to such investigations after four years if there is no request for continuation of the action. Provides for formal review, upon request, of the necessity of the continuation of the action. Requires the USTR to report to the President and the Congress on such review.
Authorizes the President to modify or terminate an action taken pursuant to such an investigation if: (1) the contracting parties to the GATT make a determination or a ruling is issued under the formal dispute settlement proceedings that conflicts with the USTR's determination of unfair trade practices; or (2) the burden on the U.S. economy of the denial of trade rights or of the unfair trade practices has increased or decreased.
Requires the USTR, if he makes an affirmative determination with respect to export targeting by a foreign country and the President does not take action with respect to such determination, to initiate negotiations with such country to obtain an agreement for the elimination of such export targeting or the provision of additional trade benefits to the United States. Requires the President, under specified circumstances, to establish an advisory panel to recommend measures which will promote the competitiveness of a domestic industry affected by such targeting.
Includes foreign trade practices that threaten to burden or restrict U.S. commerce among the trade practices to which the USTR must respond.
Defines "burden on U.S. commerce" to include: (1) foreign trade practices which have an adverse effect on trade between the United States and another foreign country; (2) the subsidization of exports that results in the displacement of U.S. exports to another foreign country; (3) the imposition of import restrictions or export performance requirements that result in the diversion of the exports of another foreign country to U.S. markets; and (4) the enforcement of trade restraining agreements that result in the diversion of the exports of another foreign country to U.S. markets.
Requires foreign instrumentalities and territories to be treated as foreign countries.
Authorizes the President, in reaction to unfair foreign trade practices, to: (1) withdraw or refrain from proclaiming benefits under the Generalized System of Preferences for the country involved; or (2) enter into agreements that offset or eliminate any burden on U.S. commerce resulting from such practices.
Includes within the definition of unreasonable trade practices: (1) export targeting; (2) a requirement that intellectual property be licensed to the foreign country concerned or to a firm in such country or that technical information be submitted to such country as a condition of importation into such country; or (3) the denial of worker's rights.
Defines "export targeting" to include any government plan consisting of a combination of coordinated actions that are bestowed on a specific enterprise, industry, or group the effect of which is to assist the enterprise, industry, or group to become more competitive in exports. Sets forth actions included within the definition of export targeting.
Includes within the definition of "discriminatory practices" trade practices: (1) which enable a state trading enterprise to compete in international trade or make purchases or sales in international trade without depending on commercial considerations; (2) through which a foreign country assists a state trading enterprise in such competition, purchases, or sales; or (3) which fail to afford U.S. firms adequate opportunity, in accordance with customary business practice, to compete for participation in purchases from, or sales to, state trading enterprises.
Defines "denial of benefits" under a trade agreement to include foreign trade practices that: (1) nullify, impair, or impede attainment of the objectives of such agreement; or (2) constitute an unfair trade concession requirement for any product or service within the purview of such agreement. Defines "unfair trade concessions requirement."
Directs the USTR, if he initiates an investigation with respect to a practice that he believes may impair, or threaten to impair, U.S. sales of agricultural commodities in foreign markets, to determine whether the provision of surplus commodities under the Food Security Act of 1985 to U.S. exporters and foreign purchasers would be an appropriate action to offset such practice that is the subject of such investigation. Requires the USTR to submit to the President and the Congress a report concerning such determination, including the reasons on which such determination was based. Requires the President, if the USTR makes an affirmative determination, to: (1) issue a directive to the Commodity Credit Corporation that requires it to provide surplus agricultural commodities to U.S. exporters and foreign purchasers to offset such practice; or (2) submit to the Congress a statement explaining why he has declined to issue such directive.
Authorizes the President, in order to meet U.S. international obligations, to take actions to compensate foreign governments for actions taken with respect to unfair foreign trade practices.
Subtitle B: Improvement in the Enforcement of Antidumping and Countervailing Duties - Amends the Tariff Act of 1930 to permit the administering authority, if it finds a reasonable basis to suspect that critical circumstances may exist after the initiation of a countervailing or antidumping duty investigation, to request the Commissioner of Customs to compile information on an expedited basis regarding entries of the class or kind of merchandise that is the subject of such investigation. Requires the Commissioner to collect information regarding the volume and value of entries of such merchandise and to transmit such information to the administering authority upon request until: (1) a final determination is made with respect to such investigation; (2) such investigation is terminated; or (3) the administering authority withdraws its request for such information. Requires the ITC, if there is an affirmative determination of a subsidy or dumping, and critical circumstances and material injury to an industry exist, to determine whether retroactive imposition of a countervailing or antidumping duty on the merchandise is necessary to prevent recurrence of material injury that was caused by massive imports of such merchandise over a short period of time. Sets forth factors to be considered by the ITC in making such determination.
Requires the administering authority, if it determines that merchandise is imported into the U.S. customs territory by, or for, a manufacturer, producer, seller, or exporter for the purpose of absorbing antidumping duties on behalf of a U.S. purchaser, to declare the importation a sham transaction and direct customs officers to treat the U.S. purchaser as the importer solely liable for such duties. Sets forth factors to consider in determining whether a transaction is a sham transaction.
Authorizes a domestic producer of an article that is like a component part or a downstream product to petition the administering authority to designate a downstream product for monitoring by the ITC. Sets forth information to be included in the petition. Requires the administering authority to determine whether: (1) there is a reasonable likelihood that imports of the downstream product will increase as an indirect result of any diversion with respect to component parts; (2) such component parts are already subject to monitoring to aid in the enforcement of a bilateral arrangement; and (3) merchandise related to the component parts have been the subject of a number of suspended countervailing or antidumping duty investigations, or the subject of a countervailing or antidumping duty order. Sets forth factors the administering authority may take into account in making such determination.
Requires the ITC to make quarterly reports to the administering authority regarding the ITC monitoring of a downstream product. Requires the administering authority to review the reports of the ITC and: (1) consider such information in determining whether to initiate an antidumping or countervailing duty investigation regarding a downstream product; and (2) request the ITC to cease its monitoring if the information indicates that imports are not increasing and there is no reasonable likelihood of diversion with respect to component parts.
Defines "component part" to mean an import that: (1) during the five years preceding the petition has been subject to a countervailing or antidumping duty order or agreement; and (2) is used routinely as a major part in other manufactured articles. Defines "downstream product" to mean any import into which is incorporated any component part.
Sets forth provisions relating to preventing the circumvention of countervailing and antidumping duty orders and findings. Outlines considerations with respect to the applicability of such orders and findings for: (1) products completed or assembled in the United States with parts or components imported from a country covered by such an order or finding; (2) products completed or assembled in a third country prior to importation into the United States; and (3) products altered to be removed from a particular tariff classification.
Amends the Trade and Tariff Act of 1984 to provide that any steel product that is manufactured in a country that is not party to a bilateral arrangement (a non-arrangement country) from steel which is melted and poured in a country that is an arrangement country will be treated for purposes of the quantitative restrictions under that arrangement as if it were a product of an arrangement country.
Amends the Tariff Act of 1930 to permit an eligible domestic industry to file a petition with the administering authority requesting that a product monitoring category be established with respect to merchandise that becomes the subject of an affirmative dumping determination. Requires the administering authority to establish a program of monitoring if: (1) any merchandise which is within the same product monitoring category as the merchandise to be monitored has been the subject of at least two affirmative dumping determinations during the preceding ten years; and (2) all merchandise within a product monitoring category has been the subject of at least three affirmative dumping determinations during the preceding ten years. Requires the administering authority to initiate an antidumping duty investigation if the monitoring provides a reasonable likelihood that such merchandise is being sold in the United States at less than fair value.
Requires the administering authority, if the merchandise involved in a dumping investigation is exported from a nonmarket economy country and it is not possible to accurately determine the foreign market value of such merchandise from the information submitted by such country, to determine the foreign market value on the basis of the trade-weighted average price at which comparable merchandise is sold by a specified eligible market economy country. Provides for determining such foreign market value when there is no eligible market economy producer.
Requires the foreign market value of merchandise to be determined from the factors of production incurred in producing such merchandise which shall be valued from the best available evidence in a market economy and to which shall be added an amount for general expenses and profit plus the cost of containers, coverings, and other expenses if: (1) the merchandise under investigation is exported from a nonmarket economy country; (2) the administering authority finds that the foreign market value of the merchandise cannot be accurately determined under the usual method because information provided by such country is not verifiable or is insufficient; and (3) the administering authority determines that the comparable merchandise produced in the eligible market economy country is subject to an antidumping duty order or it has reason to believe that the comparable merchandise is being sold in the United States at less than fair value. Requires the administering authority to make a determination of whether there is reason to believe that comparable merchandise is being sold in the United States at less than fair value whenever there is an allegation in an antidumping duty investigation that such comparable merchandise produced in the eligible market economy country is being sold in the United States at less than fair value.
Defines "nonmarket economy country" and "eligible market economy country."
Requires the Commissioner of Customs and the ITC to provide the administering authority, upon request, with a copy of all public and proprietary information that they possess that is relevant to dumping proceedings involving merchandise from nonmarket economy countries.
Authorizes the administering authority to suspend an antidumping investigation involving a nonmarket economy country if specified conditions are met.
Provide that certain producers of raw agricultural products may be considered part of the industry producing processed agricultural products for purposes of bringing countervailing and antidumping duty complaints. Sets forth the criteria such producers must meet. Defines "material injury" for purposes of complaints involving imports of a raw agricultural product and products processed from such raw agricultural product. Classifies a coalition or trade association which represents either processors or processors and producers as interested parties in such investigations.
Permits the administering authority to make proprietary information sumbitted by any party to a countervailing or antidumping duty investigation available under a protective order. Requires the ITC to make such information available under a protective order.
Requires persons making submissions to the administering authority or the ITC in antidumping or countervailing duty proceedings to certify that such submission is accurate and complete to the best of that person's knowledge.
Allows the ITC, in making a determination of material injury in an antidumping or countervailing duty case, to consider other economic factors that are relevant to the determination of such injury. Requires the ITC to explain its analysis and the relevance of each factor considered in making its determination. Adds to the factors that the ITC must consider in examing the impact of imports on a domestic industry the existing efforts of such industry to develop and produce a type of product derived or developed from an earlier type of product. Requires the ITC to evaluate all relevant economic factors within the context of the business cycle and conditions of competition that are distinctive to such industry.
Adds to the factors that the ITC must consider in determining whether threat of material injury exists: (1) the actual and potential negative effects on existing efforts of a domestic industry to develop and produce a type of product derived or developed from an earlier type of product; and (2) in dumping cases, dumping findings in other countries against the same exporter. Requires the ITC in such dumping cases to request information from the foreign exporter or U.S. importer on threat of material injury.
Adds to the conditions permitting a foreign exporter to post a bond in lieu of the deposit of estimated antidumping duties in antidumping duty cases: (1) the antidumping duty investigation has not been designated as extraordinarily complicated; (2) the final determination by the administering authority has not been postponed; (3) the person who was sold dumped products provides credible evidence that the amount by which the foreign market value of such products exceed the U.S. price for such products is significantly less than the amount of such excess specified in the administering authority's antidumping duty order; and (4) the foreign market value and U.S. price data apply to sales in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison by the administering authority. Requires the administering authority, before determining whether to permit the posting of such bond in lieu of the deposit of estimated duties, to: (1) make available all proprietary information supplied to it under protective order to all interested parties; and (2) afford all such parties an opportunity to file comments with respect to the posting of such bond.
Subjects merchandise imported by, or for the use of, a U.S. agency to the imposition of countervailing or antidumping duties. Sets forth specified exceptions.
Requires the administering authority, with respect to antidumping duty cases, to determine whether a foreign subsidy has been provided to a specific foreign enterprise or industry.
Permits the USTR to revoke the status of a foreign country as a country under the Agreement on Subsidies and Countervailing Measures if such foreign country: (1) announces that it does not intend, or is not able, to honor its obligations with respect to the United States or the Agreement; or (2) does not in fact honor such obligations.
Provides that, for purposes of the ITC determining material injury, or threat of material injury with respect to countervailing duty investigations, a reference to the sale of merchandise includes the entering into of any leasing arrangement with regard to such merchandise. (Currently, any leasing arrangement that is equivalent to the sale of the merchandise.)
Allows the administering authority to consider the occurence of different movements in the prices at which different forms of merchandise subject to an antidumping duty order are sold after the issuance of such order in the foreign country markets from which such merchandise is exported as evidence of the establishment of a fictitious market for the merchandise if the movement in such prices appears to reduce the amount by which the foreign market value of such merchandise exceeds the U.S. price of the merchandise.
Title IV: Intellectual Property Rights - Subtitle A: Intellectual Property Remedies - Makes unlawful (and therefore subject to remedies for unfair trade practices) the importation or sale within the United States, if a related industry exists in the United States or is being established, of articles that: (1) infringe a U.S. patent or copyright or are produced by a process covered by a U.S. patent; or (2) infringe a trademark. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Sets forth the manner of determining whether a U.S. industry exists.
Authorizes the ITC to terminate an investigation into unfair practices in the import trade by issuing a consent order or on the basis of a settlement agreement.
Authorizes a complainant to petition the ITC to issue an order for the exclusion of certain articles during an investigation into unfair practices in the import trade. Sets forth the timetable for action by the ITC. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property. Provides that the ITC may issue cease and desist orders in addition to or in lieu of exclusionary orders. Increases the penalty for violations of such orders.
Requires the ITC to presume the facts alleged in the complaint are true and to issue, upon request, an exclusion from entry or a cease and desist order or both under certain circumstances. Authorizes the ITC to prescribe sanctions for abuse of discovery and abuse of process.
Authorizes the ITC to order the forfeiture of an article imported in violation of the import trade unfair practices section if: (1) the importer had previously attempted to import the article; (2) the article was previously denied entry into the United States; and (3) upon such previous denial of entry the Secretary of the Treasury had provided the importer with a specified written notice.
Provides that a person who has been previously found to be in violation of the provisions relating to unfair import practices may petition the ITC for a finding that such person is no longer in violation of such provisions or for a modification or rescission of an exclusion.
Excludes intellectual property imported by or for the United States from certain exclusion orders.
Provides for the protection of the confidentiality of information submitted to the ITC or exchanged among the parties in cases involving unfair import practices.
Subtitle B: Access to Technology - Requires the USTR in conjunction with the National Science Foundation to: (1) monitor the transfer of technology between the United States and foreign countries; and (2) report to specified congressional committees annually on such transfers.
Requires the Secretary of Commerce (Secretary) to designate a Foreign Commercial Service Officer in a foreign country to monitor and report on the status of the intellectual property system in such country.
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for programs to aid less developed countries in developing and implementing adequate intellectual property laws and in developing their own indigenous technology. Requires the Secretary to identify the technical assistance needs of such countries.
Requires the Secretary to establish the United States Intellectual Property Training Institute which shall train individuals of developing countries in both management and technical skills regarding the protection of intellectual property. Provides for financing the Institute.
Title V: National Security - Amends the Trade Expansion Act of 1962 to grant the Secretary of Commerce (the Secretary) the responsibility for investigating, upon request, the effects of imports on national security. Requires the Secretary to report to the President on such investigation within 180 days of receiving the request that starts the investigation.
Requires the Secretary to notify the Secretary of Defense concerning any such investigation. Requires the Secretary of Defense to conduct a separate defense needs assessment of the article affected by such imports. Requires the Secretary of Defense to report to the Secretary on such assessment within three months. Requires the Secretary's report to the President on such investigation to include a statement by the Secretary of Defense concurring or disagreeing with the Secretary's findings and explaining such concurrence or disagreement. Requires any portion of such report to be published if it is not: (1) classified as being clearly detrimental to the national security; and (2) proprietary information.
Requires the President to : (1) decide whether or not to take action based on such report within 90 days of receiving it; and (2) explain the decision to take action or not to take action on the report submitted to the President by the Secretary.
Sets forth actions the President may take, including, but not limited to, the negotiation of an agreement which limits or restricts the importation into, or the exportation to, the United States of articles that threaten to impair U.S. national security.
Authorizes the President to direct the Secretary of the Treasury to: (1) carry out such agreement; and (2) enforce any quantitative limitation or restriction contained in such agreement, including the presentation of valid export licenses by foreign countries as a condition for the entry of products into the United States.
Requires the President to take such action as is necessary to adjust such imports in order to protect U.S. national security if: (1) no such agreement is entered into within 270 days after the Secretary's report to the President is due; or (2) such agreement entered into is not being carried out or is ineffective in eliminating the threat to U.S. national security.
Amends the Trade Expansion Act of 1962 to direct the Secretary of Commerce to annually: (1) monitor trends in the U.S. production, importation, and consumption of petroleum products; and (2) forecast such production, importation, and consumption of petroleum products for the year in which the forecast is made and for each of the two years following the year in which the forecast is made. Requires the President, upon receipt of such information, to establish a National Petroleum Product Import Ceiling in which petroleum imports shall not rise for each of the years for which forecast were made. Requires the President, in establishing such ceiling levels, to consider the impact of projected imports of petroleum products on the national security, foreign policy, and economic welfare of the United States and on the domestic petroleum industry. Limits such ceiling levels to not more than 50 percent of projected U.S. consumption of petroleum products during a given year. Requires the President to annually submit to the Congress a National Petroleum Security Report.
Requires the Secretary of Commerce, upon the President's certification to the Congress that the ceiling level will be exceeded, to undertake an investigation and determine what actions should be taken to prevent petroleum products from exceeding the ceiling during the forecast years. Requires the President, within 30 days after receiving the Secretary's determination, to submit to the Congress a National Petroleum Security Policy which shall include specified actions which are necessary to prevent petroleum product imports from exceeding the ceiling.
Title VI: Agreements on Agricultural Trade; Miscellaneous Agricultural Trade Provisions - Sets forth congressional findings and U.S. policy with respect to multilateral agricultural trade negotiations.
Declares that in negotiating General Agreement on Tariffs and Trade (GATT) agricultural provisions, it is the objective of the United States to: (1) increase U.S. agricultural exports by eliminating foreign barriers to trade and reducing or eliminating the subsidization of agricultural production; (2) clarify the GATT rules for agricultural trade; and (3) make GATT a useful tool for resolving questions with respect to export subsidies, market pricing, and market access.
Provides for the appointment of Members of Congress to serve as official advisers to U.S. delegations to international conferences and negotiations relating to multilateral agricultural trade agreements under the GATT. Requires the United States Trade Representative (USTR) to keep such advisers informed with respect to U.S. objectives in negotiations relating to agricultural trade agreements.
Requires the President to update certain reports relating to tariff and nontariff trade barriers to U.S. wine exports.
Title VII: Authorization of Appropriations for Trade Agencies - Amends the Tariff Act of 1930 to authorize appropriations for FY 1988 to the United States International Trade Commission for necessary expenses.
Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1988 to the United States Customs Service for salaries and expenses. Earmarks funds out of such appropriation for: (1) the U.S. Customs Service air interdiction program; (2) rents incurred for the provision of customs services; (3) research; and (4) office reception and representation expenses.
Authorizes the Commissioner of Customs for FY 1988 to: (1) purchase no more than 500 motor vehicles; (2) rent passenger motor vehicles; and (3) purchase uniforms for the U.S. Customs Service.
Requires the Commissioner to notify specified congressional committees with respect to any action which would: (1) result in a reduction in force of Customs Service employees; (2) result in a reduction in hours of service; (3) eliminate or relocate the office of the U.S. Customs Service; (4) eliminate any port of entry; or (5) reduce the number of Customs Service employees in any office of the Service.
Requires the Secretary of the Treasury to establish the Advisory Committee on Commercial Operations of the U.S. Customs Service. Directs the Advisory Committee to provide advice to the Secretary of the Treasury with respect to the Commercial operations of the Customs Service and to submit an annual report to specified congressional committees with respect to such operations.
Amends the Trade Act of 1974 to authorize appropriations for FY 1988 to the Office of the USTR.
Title VIII: Tariff Provisions - Subtitle A: Amendments to the Tariff Schedules of the United States - Part I: Permanent Changes in Tariff Treatment - Amends the Tariff Schedules of the United States to create a new tariff classification to cover imports of certain woven fabrics of man-made fibers.
Creates a new tariff classification for, and imposes a duty on motor fuel blending stocks.
Revises special marking requirements for watches and watch components. Excludes the dials of watches and clocks from such requirements. Permits such marking to be done by mold-marking. Deletes the requirement of including information on watch adjustments.
Changes the definition of iron and steel slabs to include those exceeding six inches in thickness.
Increases the duty on certain gloves by classifying work gloves made of a textile fabric coated with rubber or plastics as gloves of textile material rather than as gloves of rubber or plastics.
Provides permanent, duty-free treatment for hatters' fur.
Reduces the duty on salted and dried plums.
Removes from such Schedules 2,5-Xylidine and 3,4-Xylidine. Imposes a duty on N1,N4,N4-Tris(2-hydroxyethyl)-2-nitro-1,4- phenylenediamine; N1,N4-Dimethyl-N1-(2-hydroxyethyl)-3-nitro-l, 4-phenylenediamine-N1, N4-Dimethyl-N1-(2,3,-dihydroxypropyl)-3-nitro-1,4-pheny (2-Hydroxyethyl)-3-nitro-1,4-phenylenediamine; and N1-(2-hydroxyethyl)-2-nitro-1,4-phenylenediamine.
Removes from such Schedules L-Phenylalanine and toluidine carbonate. Imposes a duty on 2-Nitro-5-(2,3-dihydroxy)propoxy)-N-methylaniline; 2-Nitro-5-(2-hydroxyethoxy)-N-methylaniline; 4-(2-Hydroxyethyl)amino)-3-nitrophenol; 4-(2-hydroxyethoxy)-1,3-phenylenediamine dihydrochloride; and 3-Methoxy-4-(2-hydroxyethyl)amino)nitrobenzene.
Defines complete, as used with television receivers, to mean a television receiver assembled in its cabinet (currently, assembled).
Provides for picture tubes imported in combination with or incorporated into other articles to be classified in specified items of the Tariff Schedules, unless they are: (1) incorporated into complete television receivers; (2) incorporated into fully assembled units; or (3) put up in kits containing all the parts necessary for assembly into complete television receivers or fully assembled units.
Provides for a duty on television picture tubes included in color kits containing all parts necessary for assembly into complete receivers through October 31, 1987.
Suspends the duty on color television picture tubes having a video display diagonal of less than 12 inches through December 31, 1990.
Suspends the duty on color television picture tubes having a video display diagonal of over 30 inches through September 30, 1988.
Part II: Temporary Changes in Tariff Treatment - Suspends through December 31, 1990, the tariff on: (1) color couplers and coupler intermediates; (2) specified chemicals; (3) carding and spinning machines specially designed for wool; (4) silk yarn; (5) parts of indirect process electrostatic copying machines; (6) certain plastic sheeting; (7) doll wig yarns; (8) jacquard cards and jacquard heads; (9) tungsten ore; and (10) certain stuffed toy figures.
Suspends through October 31, 1992, the tariff on: (1) certain knitwear fabricated in Guam; and (2) specified chemicals.
Suspends the tariff on the personal effects and equipment of participants and officials involved in the Pan American Games through September 30, 1987.
Suspends through December 31, 1987, the tariff on extracorporeal shock wave lithotripters imported by nonprofit institutions.
Provides for a temporary reduction of duties on glass inners for vaccuum vessels.
Suspends through December 31, 1989, the tariff on kitchenware of transparent, nonglazed glass ceramics.
Suspends through December 31, 1990, the tariff on: (1) double cylinder hosiery machinery; (2) latch needles and needles for knitting machines; and (4) specified chemicals.
Extends through December 31, 1990, the suspension of duties on: (1) mixtures of mashed or macerated hot red peppers and salt; (2) cantaloupes; (3) certain wools; (4) needlecraft display models; (5) specified chemicals; (6) certain clock radios; (7) machines designed for heat-set, stretch texturing of continuous man-made fibers; (8) single cylinder and Jacquard hosiery knitting machines; (9) double-headed latch needles; (10) certain small toys; (11) stuffed dolls, certain toy figures, and skins thereof; (12) umbrella frames; (13) crude feathers and down; and (14) menthol feedstocks.
Part III: Effective Dates - Sets forth effective dates for amendments made by this subtitle.
Subtitle B: Miscellaneous Provisions - Allows specified articles to be imported duty free for use in construction of the telescope for the W.M. Keck Observatory Project in Mauna Kea, Hawaii.
Provides that the entry of certain transistors between March 1, 1985, and before November 6, 1986, will be liquidated or reliquidated as if the entry had occurred on November 6, 1986 if a proper request is filed within 90 days after enactment of this Act.
Allows a drawback for raw sugar imported after October 31, 1977, and before April 1, 1985, if the export of refined cane sugar or of products manufactured from cane sugar occurs before October 1, 1991. Requires the Secretary of Agriculture and the Commissioner of Customs to report to specified House and Senate committees by June 30, 1988 on circumvention of the United States sugar quota through the importation of refined sugar in the form of blended products.
Amends the Tax Reform Act of 1986 to accord duty-free treatment to certain ethyl alcohol mixtures produced in insular possessions of the United States.
Title IX: Miscellaneous Trade Provisions - Subtitle A: Telecommunications Trade - Telecommunications Trade Act of 1987 - Directs the U.S. Trade Representative (USTR), within six months of enactment of this Act, to: (1) identify and analyze all acts, policies, and practices in the markets of foreign countries that deny to U.S. telecommunications firms competitive opportunities that are substantially equivalent to the competitive opportunities available to foreign companies in U.S. markets; and (2) determine which of such acts, policies, or practices denies trade agreement benefits to the United States, is unjustifiable and burdens or restricts U.S. commerce, or otherwise has the effect of nullifying or impairing any benefit to the United States under any agreement or impeding attainment of any objective of any agreement to which the United States is a party. Sets forth factors to be considered in making such analysis and determination. Authorizes the USTR to exclude a country from investigation if the USTR determines that the potential market in such country for U.S. telecommunications products and services is not substantial. Requires the USTR to report to the Congress within six months of enactment of this Act on such analysis and determinations.
Directs the President to begin negotiations with those countries which deny U.S. telecommunications firms substantially equivalent competitive opportunities to enter into trade agreements which provide such opportunities to U.S. telecommunications firms. Sets forth the objectives of the negotiations.
Directs the President, if unable to enter into such an agreement to take, within two years of enactment of this Act, whatever actions within certain limits are necessary to achieve such objectives. Directs the President to take those actions which most directly affect trade in telecommunications products and services with the country concerned. Sets forth the actions the President is authorized to take in such circumstances.
Directs the USTR, if a country does engage in unfair trade practices, to take whatever actions within certain limits are necessary to fully offset such acts, policies, and practices, and to restore the balance of concessions between the United States and such foreign country. Requires the USTR to review annually the extent to which a foreign country's policies meet the negotiating objectives achieved by trade agreements. Directs the USTR to take specified actions if the foreign country is not in compliance with such trade agreement or has adopted an unfair trade act, policy, or practice. Sets forth the actions the USTR is authorized to take.
Directs the President and the USTR to consult with the Secretary of Commerce, the Federal Communications Commission, and a specified interagency trade organization to determine appropriate actions against foreign countries.
Directs the President to keep the Congress informed of: (1) the negotiating priorities and objectives for each country involved; (2) the assessment of negotiating prospects; and (3) any U.S. concessions which might be included in negotiations to achieve such objectives.
Authorizes the President, during the three years following enactment of this Act, to enter into trade agreements which meet specified objectives with foreign countries which provide for: (1) the harmonization, reduction, or elimination of duties or restrictions, barriers, or other distortions to international trade; or (2) the prohibition of or limitations on the imposition of duties or restrictions, barriers, or other distortions to international trade.
Authorizes the President to enter into trade agreements with a foreign country to grant concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions if: (1) the President has taken action because no trade agreement could be reached under this Act; and (2) the USTR is not required to take action against such country under this Act.
Authorizes the importation of a product that is subject to registration or approval by the Federal Communications Commission (FCC) only if: (1) such product conforms with all applicable FCC regulations; and (2) the information which is required on a specified FCC form is provided to the appropriate customs officer at the time of entry into the United States. Directs the FCC, the Secretary of Commerce, and the USTR to provide enforcement assistance to the Secretary of the Treasury upon request. Directs the Secretary of the Treasury to provide the Congress with information on such imports at least twice a year.
Amends the Trade Act of 1974 to include within the definition of service sector access authorization any authorization that permits access to the U.S. market to a foreign supplier of goods related to a service.
Directs the Secretary of Commerce to report to the Congress at least once every two years on the impact of U.S. domestic policies and practices on the growth and international competitiveness of the U.S. telecommunications industry.
Subtitle B: Customs Provisions - Allows a duty-free sales enterprise to be located anywhere within: (1) the port of entry from which purchasers of duty-free merchandise depart the customs territory; and (2) 25 statute miles from the exit point where purchasers of duty-free merchandise depart the customs territory.
Requires each duty-free enterprise to: (1) establish procedures for reasonable assurance that duty-free merchandise will be exported; (2) enforce guidelines that the merchandise sold will be for personal use; (3) display notices stating that duty-free merchandise has not been subject to any Federal duty or tax, must be declared and is subject to Federal duty and tax if brought back to the customs territory, and is subject to the customs laws and regulation of any foreign country to which it is taken; (4) place the merchandise in a duty-free sales enterprise before it is unpacked into saleable units; and (5) deliver duty-free merchandise to the purchaser in an airport, at the exit point of a specific departing flight, within the aircraft on which the purchaser will depart, or by any other reasonable method if the duty-free enterprise is an airport store or to a location beyond the exit point or any location approved by the Secretary before the passage of this Act if the enterprise is a border store.
Prohibits the transfer of merchandise for a duty-free enterprise to or through such a facility unless the operator demonstrates to the Secretary of the Treasury that he has obtained any concession or approval required by State or local authorities. Allows the sale of merchandise other than duty-free merchandise, providing it has not been stored in a bonded warehouse facility other than a bonded facility used for retail sales.
Removes the exemption from duty if merchandise bought at a duty-free sales enterprise is brought back to the customs territory.
Requires the Secretary to establish by regulation a separate class of bonded warehouses for duty-free sales enterprises.
Amends the International Coffee Agreement Act of 1980 to extends through October 1, 1989, the International Coffee Agreement Act of 1980.
Amends the Tariff Act of 1930 to require customs officers who seize imported pornography to transmit information about it to the United States Attorney of the district of either: (1) the office at which the seizure took place; or (2) the place to which the book or other matter is addressed. Requires the United States Attorney to institute proceedings for the forfeiture, confiscation, and destruction of the book or matter seized.
Increases the period for instituting judicial proceedings for the forfeiture of seized pornography imports to 30 days (from 14 days).
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require customs user fees to be deposited as offsetting receipts in a separate account within the general fund of the Treasury.
Authorizes the Secretary of the Treasury to pay out of the Customs User Fee Account all salaries and expenses of the United States Customs Service that are incurred in conducting commercial operations. Limits the authority to make these payments to the dollar amounts provided in appropriations laws but excludes from this restriction payments for expenses in providing overtime customs inspectional services.
Provides for a fee for the processing of merchandise that is formally entered or withdrawn from warehouse for consumption during any fiscal year beginning after September 30, 1987.
Prohibits the following imports from the Soviet Union produced by convict or forced labor: (1) gold ore; (2) agriculture machinery; (3) tractor generators; (4) tea; (5) crude petroleum; (6) motor fuel; and (7) kerosene. Allows imports of such articles if the President certifies that: (1) such article is not produced with convict labor, forced labor, or indentured labor; and (2) such prohibition directly affects the United States' national security interests.
Amends the Tariff Act of 1930 to provide that in ascertaining tare on imports of crude oil and on imports of petroleum products an allowance will be made for all detectable moisture and impurities.
Amends the Trade Act of 1974 to allow the President to designate for duty free treatment watches entered after June 30, 1989, which the President specifically determines will not cause material injury to watch or watch band, strap, or bracelet manufacturing and assembly operations in the United States or the United States insular possessions.
Amends the Tariff Act of 1930 to require the Secretary of the Treasury to publish guidelines establishing standards for setting the terms and conditions for cancellation of bonds or charges.
Requires containers of imported preserved mushrooms to indicate in English the country in which they were grown.
Amends the Trade and Tariff Act of 1984 to specify that the Pontiac/Oakland Michigan airport will become a reimbursable customs port.
Subtitle C: Administrative Procedures for Noncontroversial Tariff Suspensions - Provides that a petition to suspend duties on an article may be filed with the International Trade Commission (ITC) by any person who: (1) uses such article in the production of a product in the United States; (2) imports such article into the United States; and (3) distributes such article in the United States. Provides that a petition to reinstate duties on an article may be filed with the ITC by any person who produces in the United States: (1) any article for which duties imposed by Federal law are suspended by action of the President; (2) any other like article; or (3) any other article which is like, or directly competitive with a product that is produced in the United States by means of a process which uses such article as a significant raw material or component.
Requires the ITC, if it determines the petition contains sufficient information to justify an investigation, to: (1) transmit a copy of the petition to the USTR; (2) initiate an investigation of the suspension or reinstatement of duties requested; and (3) publish in the Federal Register notice of the initiation of such investigation and the opportunity for public comment. Allows the President or the ITC to initiate an investigation of the reinstatement of any duties.
Requires the ITC, if it determines the petition contains sufficient information to justify an investigation, to determine: (1) whether the article that is the subject of the petition is produced in the United States; (2) whether any other article which is like, or directly competitive with, such article is produced in the United States; (3) whether any other article is produced in the United States which is like, or directly competitive with, a product that is produced in the United States by means of a process which uses (or could use) such article as a significant raw material or component; (4) whether any person has the capacity and the bona fide intent to produce such article in the United States in significant quantities; (5) whether any person who produces in the United States such article, any other like article or any other article or has the capacity and bona fide intent to produce such article should be (or is being) adversely affected by a suspension of the duties; (6) whether any person described in (4) or any person who produces in the United States such article, any other like article or any other article is produced in the United States which is like, or directly competitive with, a product that is produced in the United by means of a process which uses (or could use) such article as a significant raw material or component; (7) whether any quotas or other import restrictions are imposed by Federal law on such article; (8) whether any international agreements to which the United States is a party affect trade in such article; (9) whether such article is or has been the subject of any investigation under certain provisions of the Tariff Act of 1930, the Trade Act of 1974, or the Trade Expansion Act of 1962; (10) the aggregate value of such articles imported into the United States during the calendar year preceding the calendar year in which such determination is made; (11) the aggregate value of such articles consumed in the United States during the calendar year preceding the calendar year in which such determination is made; (12) the principal uses of such article in the United States; (13) the duties that are imposed by Federal law on such articles; and (14) the aggregate amount of Federal revenue derived from the duties imposed by Federal law on such article during the fiscal year preceding the fiscal year in which such determination is made.
Requires the ITC, during the course of any investigation, to provide an opportunity for any person to submit written statements and, upon request and after reasonable public notice, to hold a hearing for the oral presentation of views.
Requires the ITC, within 75 days after an investigation is initiated, to: (1) complete a preliminary report; (2) publish a summary of the preliminary report in the Federal Register; (3) provide a copy of the preliminary report to the petitioner; and (4) make the preliminary report available for public inspection. Requires the ITC to submit a final report on the investigation to the President within 30 days after a summary of the preliminary report is published in the Federal Register.
Authorizes the President to suspend all duties imposed by Federal law on such article if certain determinations are made.
Authorizes the President, in determining whether to issue a proclamation, to consider: (1) the effect of a proclamation on the United States' bargaining position in negotiations with any foreign country; (2) foreign policy considerations; and (3) other appropriate factors.
Requires the President, if he does not issue a proclamation with respect to any article that is the subject of a report, to publish in the Federal Register the reasons why he has declined to do so.
Limits to three years the suspension of duties resulting from a proclamation issued by the President. Allows extensions limited to three years per proclamation.
Requires the President, within 30 days after the ITC submits a final report on reinstatement of duties on an article that have been suspended by a proclamation, to: (1) determine if any person who produces in the United States such article, any like article, or any article that is directly competitive with a product that is produced in the United States by means of a process which uses such article as a significant raw material or component, is being adversely affected by such suspension; and (2) issue a proclamation, if the determination is affirmative, that reinstates the duties in effect before the suspension. Requires the President to publish any negative determination in the Federal Register. Provides that any determination made by the President is not reviewable in any court.
Authorizes the President to establish an annual deadline for filing petitions and a schedule for taking other actions.
Subtitle D: Miscellaneous - Amends the Trade and Tariff Act of 1984 to require the USTR to request the inclusion of restraints on welded steel wire fence panels, wire fabric, and welded steel wire mesh for concrete reinforcement in the coverage of each bilateral agreement. Provides that if any country refuses to so expand the coverage of its bilateral arrangement that: (1) neither the President nor any other officer of the United States shall have the authority to agree to any request from such foreign country for any technical adjustment, exception, or modification to the bilateral agreement; and (2) the President, if appropriate, shall require entry-by-entry certification of compliance with the bilateral arrangement.
Amends the Tariff Schedules of the United States to lower the duty on: (1) the first 3,000 metric tons of anchovies entered in any calendar year; (2) cheeses made from sheep's milk and pecorino in original loaves; and (3) satsuma oranges.
Imposes a duty on certain types of olives and lowers the duty on the first 730 metric tons of olives entered in a calendar year. Reduces the duty on certain types of stuffed olives and on the first 550 metric tons of olives otherwise prepared or preserved entered in any calendar year.
Reduces the duty on capers, paprika, cider, and olive oil. Requires the President to increase the quota of certain cheeses imported from the European Communities by a specified amount.
Imposes a duty equivalent to the amount of the European Communities export refund on pasta exported to the United States for certain types of pastas. Provides that these duties will begin on July 15, 1987, and end when the USTR certifies that the United States and the European Communities have concluded an agreement that eliminates or offsets the export refunds of the European Communities on pasta.
Expresses the sense of the Congress of strongly supporting efforts of United States negotiators to expand significantly the opportunities for United States automotive parts producers to supply parts for Japanese automobiles.
Requires the USTR and the Secretary of Commerce to report to the Congress at the conclusion of the market-oriented sector specific negotiations ("MOSS") on the outcome of the negotiations and on any agreements reached with Japan.
Expresses the sense of the Congress that the corporate, legal, labor, and academic communities should pursue establishment of an independent organization to provide pro bono legal assistance to small businesses in cases involving foreign unfair trade practices and that this organization should: (1) develop an outreach program to inform small businesses of remedies available under United States trade laws; and (2) provide pro bono legal assistance to small businesses.
Repeals the Educational, Scientific, and Cultural Materials Importation Act of 1982.
Amends the Tariff Schedules of the United States to exempt from duty the following items: (1) catalogs of films, recordings, or other visual and auditory material of an educational, scientific, or cultural character; (2) architectural, engineering, industrial, or commercial drawings and plans, whether originals or reproductions; (3) loose illustrations, reproduction proofs or reproduction films used for the production of books; (4) microfilm, microfiches and similar film media of printed matter issued by literary or scientific institutions, books with the exception of Bibles and prayer books, newspapers, periodicals, tourist and other literature containing geographic, historical, hotel, or similar information, and manuscripts; (5) puzzles, game, sport, gymnastic, athletic or playground equipment; (6) microfilm, microfiches, or similar film media of crossword puzzle books and toy books; and (7) microfilm, microfiches, or similar film media of official Government publications and documents.
Provides that no article of developed photographic film may be exempted from duty unless: (1) a Federal agency designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character; or (2) such article is imported by or certified by the importer to be for the use of, any public or private institution or association approved as educational, scientific, or cultural by a Federal agency designated by the President and is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations.
Provides that if the President determines that there is or may be profitmaking exhibition or use of developed photographic film which interferes significantly with domestic production of similar articles he may prescribe regulations imposing restrictions on the entry of that item to insure its use only for nonprofitmaking activities.
Provides that the exemption from duty for holograms for laser projection, motion-picture films, sound records and patterns and wall charts will apply only if such items are: (1) imported by, or certified by the importer to be for the use of, educational, scientific, or cultural institutions certified by a Federal agency; and (2) certified by the importer to be of an educational, scientific, or cultural character or to have been produced by the United Nations.
Amends the Tariff Schedules of the United States to exempt from duty: (1) holograms for laser projection; (2) motion picture film; (3) sound recordings; (4) patterns and wall charts; (5) tools specially designed to be used for the maintenance, checking, gauging or repair of scientific instruments; and (6) articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped person.
Removes toy models from the exemption from duty.
Authorizes the President to restrict the duty-free treatment accorded to tools for scientific instruments or apparatus or articles for the blind and for other handicapped persons if the duty-free treatment has significant adverse impact on a domestic industry manufacturing or producing a like or directly competitive article and the effect of such change is consistent with the provisions of the relevant annexes of the Florence Agreement or the Nairobi Protocol.
Provides that if the President proclaims changes to the Tariff Schedules of the United States to limit duty-free treatments the rate of duty thereafter applicable shall be the rate determined by the President as the rate which would then be applicable to such article from such source if the duty-free treatment had not been enacted.
Allows the President to resume duty-free treatment if he determines it could be restored without significant adverse impact on a domestic industry or portion thereof. Requires the President, before limiting or resuming duty-free treatment, to afford an opportunity for interested Government agencies and private persons to present their views concerning the proposed action.
Authorizes the President to remove or modify any condition or restriction imposed for visual or auditory material to implement the Nairobi Protocol.
Requires the Secretary of the Treasury and the Secretary of Commerce to obtain statistical information with respect to printed matter.
Limits the aggregate quantity of lamb articles entered in any calendar year to 24,540,000 pounds, providing this quantity shall be adjusted the same percentage that the estimated average annual domestic commercial production of lamb articles in that calendar year and the two preceding calendar years bears to a specified earlier period.
Sets forth limitations on lamb imports.
Allows the Secretary to allocate the total quantity of limitations and any increase in lamb articles entered among supplying countries on the basis of the shares of the United States market for lamb articles such countries supplied during a representative period. Makes all determinations by the President and the Secretary of the Treasury final.
Expresses the sense of the Congress that efforts should be undertaken to reduce trade barriers and promote trade between the United States and developing countries in sub-Saharan Africa. Requires the Comptroller General to conduct a study to determine which restrictions affect the importation of U.S. products to such countries and to report the results to the Congress.
Sets forth provisions relating to the promotion of economic and political stability in the Caribbean and Central America.
Title X: Export Administration Act Amendments - Amends the Export Administration Act of 1979 to exclude China from the definition of "controlled country" for purposes of such Act.
Requires the Secretary of Commerce (Secretary) to grant a general license for exports to qualified foreign parties that the Secretary has certified as having a high expectation of being reliable end users. Defines qualified foreign parties to include Government entities from countries that have agreed to maintain export controls. Prohibits any fee from being charged in connection with the submission or processing of an export license application.
Declares that no permission may be required under the national security export control provisions for the export of goods or technology to a country which maintains export controls on such goods or technology cooperatively with the United States pursuant to the agreement of the Coordinating Committee, (Committee) or a specified international agreement, which, were they exported to China on May 6, 1987, would require only notification to the participating governments of the Committee. Authorizes notification to the Department of Commerce of such exports. Authorizes the Secretary to require a person exporting highly critical goods or technology to notify the Secretary two business days prior to export.
Authorizes the Secretary to require a license for the export of such goods or technology to: (1) consignees; and (2) consignees in a country that is believed to be engaging in a practice of noncompliance with the Committee agreement.
Prohibits requiring permission to export to any country other than a controlled country of any goods or technology if the export of such goods or technology requires only notification of the participating government of the Committee. Authorizes notification to the Department of Commerce of such exports.
Declares that no permission to reexport any goods, technologies, or services subject to U.S. jurisdiction may be required: (1) for shipment to a consignee in any country which maintains export controls pursuant to a specified international agreement (except for certain highly critical goods, technologies, or services that are unilaterally controllable by the United States); and (2) from any country in which the goods, technologies, or services to be reexported are incorporated in other products and no license is required for the export of either the incorporated material or the products into which they are incorporated, the value of the U.S. content of such products is 20 percent or less, or the goods are normal and usual replacements for U.S. origin components in a legally exported foreign made product and do not exceed the value of the U.S. content in the product. Requires the reexporter to transmit notice to the Secretary two business days prior to the export of highly critical goods or technology.
Requires the President to resolve any disputes with respect to the placement of goods and technology on the Commodity Control List (list of goods and technology subject to export controls).
Requires the Secretary to use data developed from his annual review of the Commodity Control List (CCL) in formulating U.S. proposals relating to multilateral controls imposed by the Committee. Sets forth specified responsibilities of the Secretary with respect to such CCL.
Directs the Secretary to eliminate, except for controls on goods or technology in which foreign availability does not exist or which the United States is negotiating multilateral cooperation, items unilaterally controlled by the United States.
Sets forth provisions relating to the review by the Secretary of certain controlled exports to China that have not been reviewed by him within the previous two years.
Declares that applications for a license for exports to China of goods and technology controlled under the CCL for exhibition at a trade show shall carry a presumption of approval if the exhibitor adheres to specified conditions.
Imposes a timetable for responses by the Secretary to allegations of foreign availability by export license applicants. Requires the Secretary to publish any assessment of such foreign availability.
Requires the President to notify specified congressional committees when he has begun negotiations to eliminate the foreign availability of controlled items and why he believes it is important to the national security that such controls be maintained.
Requires the Secretary to conduct annual reviews of the performance level of goods or technology below which: (1) exports to China require only notification of participating governments; and (2) no permission may be required to a country which maintains export controls on such goods or technology cooperatively with the United States pursuant to the agreement of the Committee or a specified international agreement.
Includes as an objective with respect to presidential negotiations with participating governments of the Committee the agreement to enhance cooperation among such governments of the Committee in obtaining the agreement of governments outside of the Committee to restrict the export of goods and technology on the International Control List (ICL), to establish mechanisms to coordinate implementation of export control measures related to such agreements, and to remove items from the ICL if such items continue to be available to controlled countries or no longer serves the Committee's objectives.
Prohibits export controls from being imposed on a good solely on the basis that such good contains controlled parts if specified conditions exist.
Prohibits the Secretary, unless the President determines that the absence of export controls would be detrimental to national security, from requiring a validated export license for the export of goods or technology that the Secretary has determined are available in fact from sources outside the United States if the goods or technology do not exceed the technical parameters of those available from sources outside the United States to any country to which the source country does not place controls on such exports. Sets forth the procedures for obtaining a license for the export of such goods or technology. Imposes a timetable for responses by the Secretary to allegations of West-West foreign availability. Declares that foreign availability will be deemed to exist and the Secretary will be prohibited from requiring a license for the export of such goods or technology if such responses are not made within a specified time. Provided for interagency cooperation in determinations of foreign availability.
Requires the President to pursue negotiations with the appropriate countries for the elimination of foreign availability in cases where export controls are maintained.
Declares that the President, before imposing export controls for foreign policy reasons, should choose diplomatic alternatives to export controls which offer opportunities of distinguishing the United States from, and expressing U.S. displeasure with, specific actions of foreign nations.
Prohibits controls on the export of U.S. petroleum products, unless the President determines such controls are necessary.
Requires the Secretary to approve or deny a request for a license to export controlled goods or technology whenever the Secretary of Defense fails, within 20 days of receiving notification of such request, to make specified recommendations and notifications to the President and Secretary.
Permits non-U.S. citizens who violate the export control laws of a country to be debarred from contracting with any Federal agency for a period not to exceed five years.
Provides for judicial review of civil penalties imposed by the Secretary and of orders by the Secretary that temporarily deny a person export privileges.
Authorizes appropriations for FY 1988 and 1989 to the Department of Commerce for the functions of the Under Secretary of Commerce for Export Administration.
Title XI: Export Trading Company Amendments - Amends the Bank Holding Company Act of 1956 to set forth the following additional factors to be considered in determining whether a company is an "export trading company": (1) the operations of such company during the first two years shall not be taken into account in making such determination; (2) not less than four consecutive years of operations of such company (not including the first two years of operation) shall not be taken into account in such determination; and (3) fees derived from the facilitation, outside of the United States, of trade services shall be treated as revenue derived from exporting or facilitating exports to the extent the fees are remitted to the United States and the aggregate amount of such fees does not exceed one-half the amount of revenue derived from export operations or the facilitation of export services. Defines "facilitation of trade services."
Prohibits the Board of Governors of the Federal Reserve System from disapproving a proposed investment solely on the basis of the proposed asset-to-equity ratio of the export trading company unless the proposed annual average ratio is greater than 15 to one. Prohibits the Board from establishing a maximum dollar limit on the value of goods which export trading companies may maintain in inventory. Authorizes the Board to establish a maximum dollar limit on the value of goods which an export trading company may maintain in inventory if the Board finds that such limitation is necessary to prevent risks that would affect the financial or managerial resources of an investor bank holding company.
Amends the Export Trading Company Act of 1982 to require the Office of Export Trade within the Department of Commerce to establish a program to assist in the operation of export intermediaries including existing and newly formed export management companies.
Requires the Secretary of Commerce to submit a report to the Congress on Department of Commerce activities to promote the formation of new and the operation of existing and new export promotion intermediaries including export management companies, export trade associations, and export trading companies.
Title XII: Export Promotion - Requires the Secretary of State and the Secretary of Commerce to review the number of U.S. diplomatic personnel who are engaged in commercial duties to assist U.S. exporters and businesses doing business outside the United States. Requires such Secretaries to increase the number of such personnel upon a determination that such number is insufficient to carry out such duties. Requires each chief of a U.S. diplomatic mission to a country which is a major U.S. trading partner to transmit to the President and the Congress a report describing: (1) the strategy used by such mission to expand U.S. exports; and (2) the efforts of such mission to assist U.S. industries in expanding export sales.
Expresses the sense of the Congress that, in order to promote procurement opportunities for U.S. firms, each U.S. executive director to a multilateral development bank should: (1) inform U.S. firms of bidding opportunities in foreign countries; (2) help such firms complete and submit bidding documents; (3) investigate complaints about the awarding of contracts; and (4) ensure that contract procedures are observed. Expresses the sense of the Congress that a Foreign Commercial Officer should be assigned to each U.S. executive director to assist in promoting opportunities for procurement of U.S. goods or services.
Directs the Secretary of Commerce to develop and maintain an export promotion data system to provide trade information to U.S. firms.
Requires the Secretary Commerce to designate an office of the International Trade Administration to act as business liaison with multilateral development banks which do not have U.S. offices. Requires such office to disseminate information relating to new projects, bid specifications, and deadline dates for such projects through the private sector and nonprofit organizations.
Authorizes the Secretary of Commerce to designate eight U.S. missions abroad at which the U.S. and Foreign Commercial Service officer will be able to use the title Minister-Counselor.
Requires the Secretary of Commerce to prepare a reference manual for U.S. firms containing information related to exporting, foreign investment, foreign market conditions, foreign laws affecting exports, and sources of export and foreign investment financing. Requires such manual to be distributed to all field offices of the Departments of Commerce and Agriculture, and to all State departments of commerce.
Title XIII: Exchange Rates and International Economic Policy Coordination - Exchange Rates and International Economic Policy Coordination Act of 1987 - Declares it is U.S. policy that: (1) the United States and other major industrialized countries should take steps to coordinate monetary policies initiated at the Tokyo Economic Summit in May 1986; (2) the goal of policy coordination should be to eliminate trade imbalances and to stabilize exchange rates; and (3) the United States and such other countries should coordinate the participation by central banks in international currency markets, with the objective of reducing fluctuations in the values of currencies, deterring currency speculation, and promoting the adjustment of exchange rates.
Requires the President to negotiate with other countries to: (1) achieve better coordination of macroeconomic policies of the major industrialized countries, including sustainable levels of trade and current account balances and stability in the exchange rates of the U.S. dollar and other currencies; (2) review the functioning of the international exchange rate system; and (3) develop a program for modification of such system to provide for long-term exchange rate stability.
Directs the President to annually determine which countries manipulate the exchange rate between their currency and the U.S. dollar. Requires the President, if such countries have global current account surpluses and trade surpluses with the United States, to initiate negotiations with such countries in the International Monetary Fund or bilaterally to ensure that such countries regularly adjust the exchange rates between their currencies and the U.S. dollar.
Requires the Secretary of the Treasury to submit to specified congressional committees a report regarding international economic policy. Sets forth the contents of such report.
Amends the Federal Reserve Act to include, in a specified annual report of the Board of Governors of the Federal Reserve System to the Congress, an analysis of the impact of the U.S. dollar's exchange rate on the U.S. economy.
Title XIV: Review of Certain Mergers, Acquisitions, and Takeovers - Amends the Defense Production Act of 1950 to authorize the Secretary of Commerce to initiate an investigation to determine the effects on national security of mergers, acquisitions, and takeovers of U.S. corporations by foreign persons and persons engaged in U.S. interstate commerce. Requires the Secretary of Commerce to be provided with all relevant information by the parties involved and he shall seek such information and advice from the Secretary of Defense and other appropriate U.S. officials.
Requires the Secretary of Commerce to report to the President his findings and recommendations with respect to such investigation. Authorizes the President to take such action to restrict, suspend, or prohibit such merger, acquisition, or takeover if national security is threatened. Sets forth specified factors the Secretary of Commerce and the President must consider in taking such action. Requires the President to report to the Congress.
Title XV: National Treatment of Financial Institutions - Amends the International Banking Act of 1978 to authorize a Federal banking agency, with the prior approval of the President, to deny any application by a foreign bank or foreign bank holding company if the country in which the foreign bank is chartered or the country in which the foreign bank holding company is incorporated or has its principal place of business does not accord to U.S. banks and bank holding companies the same competitive opportunities as it accords to domestic banks and bank holding companies.
Prohibits the Federal Reserve Board and the Federal Reserve Bank of New York from designating any person of a foreign country as a primary dealer in government debt instruments if that foreign country does not accord to U.S. companies the same competitive opportunities in the underwriting and distribution of government debt instruments issued by that country as it accords to domestic companies. Allows an exception to such prohibition for countries having or negotiating bilateral agreements with the United States.
Title XVI: Foreign Corrupt Practices - Foreign Corrupt Practices Act Amendments of 1987 - Amends the Securities Exchange Act of 1934 to prohibit the imposition of criminal liability on securities issuers who fail to maintain an internal accounting controls system. Prohibits anyone from knowingly circumventing such accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the voting power of domestic or foreign firms. Defines "reasonable assurances" and "reasonable detail."
Repeals a provision relating to the unlawful use of the mails by a securities broker or dealer to affect a foreign exchange. Authorizes the Securities and Exchange Commission to transmit evidence concerning unlawful payments to foreign officials to the Attorney General, who shall annually report on the disposition of such referrals to the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Energy and Commerce.
Amends the Foreign Corrupt Practices Act of 1977 to revise the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made directly or indirectly to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official.
Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments which constitute tokens of regard or esteem; or (3) ordinary expenditures associated with performing a contract with a foreign government.
Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act.
Title XVII: International Debt - Subtitle A: General Provisions - Sets forth Congressional findings concerning international debt issues and sets forth the purposes and policy of this title.
Subtitle B: The International Debt Management Authority - International Debt Management Act - Requires the Secretary of the Treasury (Secretary) to initiate discussions with industrialized and developing countries with the intent to negotiate the establishment of a multilateral financial authority which would undertake to: (1) purchase sovereign debt of less developed countries from private creditors at an appropriate discount; (2) enter into negotiations with debtor countries for the purpose of restructuring debt; and (3) assist the creditor banks in the voluntary disposition of their Third World loan portfolio. Lists specific proposals which the Secretary should include in any such discussions. Requires the Secretary to report to the Congress on a regular basis on the progress being made on such study and in such discussions.
Requires the Secretary to review all potential resources available to the United States and to multilateral financial institutions which could be used to support the creation of an international debt management authority.
Expresses the sense of the Congress that: (1) a solution to the practice of capital transfers from developing countries is essential to solving the international debt problem and enhancing and sustaining economic growth in developing countries; (2) the Secretary should assess current reporting requirements concerning the movement of capital between countries; and (3) the U.S. Executive Director of the International Monetary Fund (IMF) should begin discussions for the purpose of developing policy proposals for both developed countries and developing countries.
Subtitle C: Regulatory Provisions Affecting International Debt - Declares that it is the policy of the United States that: (1) commercial banks should establish reserves against the risks inherent in international lending; and (2) U.S. commercial banks should have significant latitude to restructure the terms and conditions on their existing loans.
Amends the International Lending Supervision Act of 1983 to require the appropriate Federal banking agencies to conduct a study of any regulatory or accounting barriers to exchanges of foreign debt for equity. Requires the Secretary to instruct the U.S. Executive Director of the World Bank to begin discussions on the appropriate role for the World Bank and the International Finance Corporation in supporting debt-to-equity swaps.
Declares that it is the policy of the United States that the Secretary and the appropriate Federal banking agencies shall encourage the improvement of the economic health of the United States and other countries and of commercial banks by strengthening initiatives which address the high level of debt of certain heavily indebted international borrowers. Requires the Secretary and the banking agencies to report to the Congress on a study analyzing possible regulatory steps to encourage a reduction in the indebtedness of heavily indebted international borrowers to supervised banks in a way that would improve overall bank asset quality and reduce the burden of the loans on the countries themselves.
Title XVIII: Trade Enhancement - Requires the Secretary of the Treasury to instruct the U.S. executive directors to multilateral development banks to: (1) take actions to assure that U.S. firms are informed of bidding opportunities in foreign countries that receive loans from such banks; (2) take actions to assure U.S. firms can focus on projects in which they have a particular interest; (3) investigate complaints from U.S. bidders concerning the awarding of multilateral development bank procurement contracts; and (4) promote opportunities for exports of U.S. goods and services.
Requires the Secretary of Commerce to appoint an officer of the U.S. and Foreign Commercial Service with each U.S. executive director of a multilateral development bank. Directs such officer to assist the U.S. executive director in: (1) promoting opportunities for the export of U.S. goods and services; (2) taking actions to assure that U.S. businesses are informed of bidding opportunities in foreign countries receiving loans from such banks; and (3) taking actions to assure that U.S. businesses can focus on projects in which they have a particular interest.
Requires the Secretary of the Treasury to establish an Office of Multilateral Development Bank Procurement within the Bureau of International Affairs in the Department of the Treasury. Directs the Office to: (1) consult with the Foreign Commercial Service officers assigned to each multilateral development bank to which the United States is a member; (2) disseminate information on bank procurement opportunities to the public; and (3) take steps to see that technical assistance for participating in such procurement opportunities is provided to U.S. businesses, with emphasis on small and medium-size businesses.
Requires the American Institute of Taiwan to employ personnel to perform duties similar to those performed by U.S. and Foreign Commercial Service personnel. Requires the number of personnel employed to be commensurate with the number of U.S. personnel of the Commercial Service who are permanently assigned to the U.S. diplomatic mission to South Korea.
Expresses the sense of the Congress that sustained economic growth in the United States, other industrialized countries, and in developing countries can only be assured if world trade is expanding and market access for all countries is improved. States that the Congress declares it to be U.S. policy that foreign assistance to developing countries should be consistent with trade liberalization in such countries.
Reaffirms Congress' support for the Trade and Development Program through the increase in appropriated funds to such Program as well as such Program's status being a component of the International Development Cooperation Agency. Amends the Foreign Assistance Act of 1961 to authorize the use of Foreign assistance funds to be used to provide support for both bilateral and multilateral projects that promote the use of U.S. exports in such projects.
Establishes the Trade and Development Program as a separate agency of the International Development Cooperation Agency (currently an agency within the Agency for International Development). Urges the Program to cooperate with the Office of International Major Projects of the Department of Commerce and other Federal agencies to provide information to the private sector concerning trade development and export promotion related to bilateral and multilateral development projects. Provides that there shall be a Director to head the Trade and Development Program. Requires the Director to establish an advisory board which shall include representatives of the Small Business Service Bureau, Inc., the American Consulting Engineers, and the International Engineering and Construction Industries Council.
Authorizes appropriations for FY 1988 for the Trade and Development Program. Earmarks funds from such appropriations for education and training programs related to the Program, including operating expenses, with emphasis to be placed on including nationals from China and Taiwan.
Sets forth the salary for the Director of the Trade and Development Program.
Amends the Trade and Development Enhancement Act of 1983 to transfer functions of the Agency for International Development relating to the tied aid credit program to the Trade and Development Program. Prohibits financing by the Export-Import Bank from being approved under the tied aid credit program without the unanimous consent of the members of the National Advisory Council on International Monetary and Financial Policies. Prohibits financing by the Agency for International Development from being approved under the tied aid credit program without the consent of the majority of the members of the National Advisory Council on International Monetary and Financial Policies.
Expresses the sense of the Congress with respect to the protection of U.S. intellectual property.
Amends the Arms Export Control Act to provide that a specified amount of registration fees collected under such Act shall be for the payment of expenses incurred in automating munitions control functions and processing munitions control license applications, including the utilization of computer equipment and related software.
Prohibits funds provided under the Foreign Assistance Act of 1961 from being made available to foreign countries for activities related to the export of agricultural commodities if such commodities would complete with a similar commodity produced in the United States. Sets forth specified exceptions.
Title XIX: Multilateral Investment Guarantee Agency - Multilateral Investment Guarantee Agency Act - Authorizes the President to accept membership for the United States in the Multilateral Investment Guarantee Agency (Agency) provided for by the Convention Establishing the Multilateral Investment Guarantee Agency (Convention). Provides that the Governor and Alternate Governor of the International Bank for Reconstruction and Development (Bank) shall serve as the Governor and Alternate Governor of the Agency. Provides that certain provisions of the Bretton Woods Agreements Act shall apply with respect to the Agency to the same extent as with respect to the Bank and the International Monetary Fund.
Prohibits the President or any other person or agency, unless authorized by law, from: (1) subscribing to additional shares of stock of the Agency; (2) voting for or agreeing to any amendment of the Convention which increases the obligations of the United States or which changes the purpose or functions of the Agency; or (3) making a loan or providing other financing to the Agency. Authorizes Federal Reserve Banks to act as depositories for the Agency.
Authorizes the Secretary of the Treasury to subscribe to a specified number of shares of capital stock of the Agency. Authorizes appropriations for such subscription. Sets forth conditions on United States membership in the Agency. Sets forth the jurisdiction of United States courts and the enforcement of arbitral awards concerning the Agency.
Title XX: International Financial Affairs: Miscellaneous Provisions - Limits to no more than $11,600,000 of the funds authorized as paid-in capital for the U.S. contribution to the general capital increase, the selective capital increase of 1970, and the selective capital increase of 1984 of the International Bank for Reconstruction and Development for FY 1988.
Requires the Secretary of State (Secretary) to conduct a study on improving the annual reports submitted to the Congress under a specified section of the Trade Act of 1974 regarding the status of internationally recognized worker rights in foreign countries. Directs the Secretary to submit a report to the Congress containing the findings of such study and recommendations for upgrading the capacity of the Government to monitor other countries' respect for such rights.
Amends the Foreign Assistance Act of 1961 to require the Overseas Private Investment Corporation, in making determinations with respect to China's recognition of international worker's rights, to discuss the justification for making such determinations in connection with the provision of economic development assistance to such country.
Expresses the sense of the Congress that the Secretary, in cooperation with the Secretary of Defense, the Secretary of Commerce, and heads of other Federal agencies, should: (1) assess whether current Government and U.S. contractor practices in monitoring compliance by recipient countries in the use and reexport of U.S. military technology, including dual-use technology, is adequate for ensuring against adverse economic or security technology loss to the United States; (2) determine whether sufficient resources are being devoted to such monitoring and to enforcement activities by the Government in recipient countries in the use and reexport of U.S. technology; and (3) transmit a report annually to the Congress with respect to such monitoring and enforcement activities.
Expresses the sense of the Congress with respect to Japan increasing the import of goods manufactured by less developed countries.
Expresses the sense of the Congress that the United States should encourage Japan to expand trade relations with Israel and to end compliance by Japanese commercial enterprises with the Arab economic boycott of Israel.
Expresses the sense of the Congress that the President should initiate multilateral negotiations with major agricultural commodity exporting nations to establish an international agricultural conservation reserve to reduce worldwide grain surpluses and control soil erosion.
Requires the Secretary of the Treasury to conduct a study of the feasibility of reducing the international debt of the poorest of the heavily indebted countries through a one-time allocation by the International Monetary Fund of limited purpose special drawing rights to such countries that provides for the repayment of the debts of such countries. Requires the Secretary of the Treasury to submit a report to the House Committee on Banking, Finance and Urban Affairs and the Senate Committee on Foreign Relations containing the findings and recommendations of the Secretary of the Treasury with respect to such study.
Title XXI: Agriculture - Agricultural Competitiveness and Trade Act of 1987 - Subtitle A: Findings, Policies, and Objectives - Expresses the findings of the Congress regarding: (1) the decline in U.S. agricultural exports; (2) the resulting loss of jobs and economic threat to family farms and rural areas; and (3) the need for increased used of agricultural export programs, including food aid programs, and programs to strengthen the purchasing and distribution capacities of importing nations.
States that it is the policy of the United States to: (1) increase U.S. agricultural exports; (2) support programs to make U.S. exports more competitive, including the agricultural export enhancement program; (3) regain traditional market shares by providing credit and direct assistance on a market-by-market basis; and (4) challenge barriers to agricultural trade that are illegal or inconsistent with the General Agreement on Tariffs and Trade (GATT).
States that a primary U.S. negotiating objective shall be the elimination of agricultural trade barriers maintained by countries with an unusually large overall trade surplus with the United States.
States that it is the policy of the United States to seek the elimination of agricultural trade barriers.
Subtitle B: Agricultural Trade Initiatives - Authorizes the Secretary of Agriculture (Secretary) to make Commodity Credit Corporation (CCC) commodities available to cooperator organizations for market expansion projects.
Sets minimum personnel levels for the Department of Agriculture's Foreign Agricultural Service (FAS) at 850 full-time employees for each of FY 1988 through 1990. Expresses the sense of the Congress that such personnel level should permit greater market development activities.
Directs the Administrator of FAS to: (1) establish a program export market consultations between reassigned agricultural attaches and U.S. producers and exporters; (2) establish a similar educational program between agricultural attaches and FAS officers and representatives of cooperator organizations, State agricultural officials, and other interested parties; (3) provide that the maximum use of personnel resource time be devoted to agricultural export market promotion; and report to the appropriate congressional committees by September 30, 1988, and September 30, 1989, regarding the allocation of personnel resource time during the pertinent fiscal years.
Authorizes the Administrator to establish a private sector market development program in which private sector individuals could work for FAS on a short-time basis and FAS personnel could work in the private sector.
Authorizes the Secretary to contract for agricultural export-related services to be performed outside the United States. States that such persons shall not be considered U.S. employees.
Directs the Secretary to: (1) evaluate the reorganization proposal recommended by the National Commission on Agricultural Trade and Export Policy to improve the Department of Agriculture's management of international trade activities; (2) appoint a private sector advisory committee; and (3) report to the Congress by April 30, 1988.
Authorizes additional FY 1987 through 1990 appropriations for the FAS. Obligates specified amounts for specified agricultural export activities. Directs the Administrator to increase the number, and upgrade the quality, of FAS trade shows and exhibitions.
Directs the Secretary to provide specified forms of assistance to citizens and organizations damaged by unfair agricultural trade practices and policies.
Directs the Secretary to: (1) promote the development of markets for value-added beef, pork, and poultry products; and (2) report annually to the appropriate congressional committees.
Subtitle C: Existing Agricultural Trade Programs - Directs the Secretary to permit producers to repay specified loans made under the Agricultural Act of 1949 for the 1990 wheat, feed grain, and soybean crops at the lesser of the loan level or the prevailing world market price for each such crop if legislation has not been passed implementing a certain trade agreement under the GATT before the beginning of the 1990 marketing year for wheat.
Waives such marketing loan program if the President certifies to the House of Representatives during the 60-day period prior to the beginning of the 1990 marketing year for wheat that: (1) significant progress has been made toward reaching such an agreement; and (2) implementation of such marketing loan program would be harmful to achieving freer agricultural trade and increased U.S. agricultural exports. Requires the President to consult with the congressional agricultural trade advisers appointed under this Act before making such certification.
States that such a waiver shall not apply if a joint resolution of disapproval is enacted during the 60-day period beginning on the date of certification.
Amends the Food Security Act of 1985 to authorize multiyear agreements under the food for progress program.
Reduces minimum amounts of FY 1986 through 1988 target export assistance funds and commodities. Permits the use of such funds to compensate U.S. producers or processors of U.S. agricultural commodities for expenses incurred in defending foreign countervailing duty actions instituted after January 1, 1986. Limits assistance for any single action to $500,000. Directs the Secretary, if such funds are not made available, to notify the appropriate congressional committees.
Expresses the sense of the Congress that CCC short-term export credit guarantees should be made on a country-only basis rather than on a commodity basis or a commodity-country basis.
Revises priority provisions under the agricultural export enhancement program: (1) in the case of wheat and feed grains, to give priority to countries that have traditionally imported or purchased U.S. commodities and to those countries that continue or begin to import or purchase U.S. commodities at levels equal to or greater than previous representative periods; and (2) in the case of other commodities, to give priority to traditional foreign purchasers who continue to purchase U.S. commodities at levels greater than previous representative periods.
Directs the Secretary to use commodities for such export enhancement program with a value of: (1) at least $1,000,000,000 during FY 1985 through 1988; (2) at least $500,000,000 during FY 1989 through 1990; and (3) not more than $2,500,000,000 during such five fiscal years. (Current law provides for at least $2,000,000,000 during FY 1986 through 1988.)
Directs the Secretray to include in the annual compilation of agricultural attache reports information regarding trade barriers and activities undertaken or planned to reduce or eliminate such barriers.
Amends the Farm Credit Act of 1971 to repeal the September 30, 1990, termination date authorizing the financing of certain cooperative import and export activities.
Make agricultural articles eligible for export credit guarantees under the Commodity Corporation Charter Act and the Food for Peace Act of 1966 if: (1) at least 75 percent of the commodities used to produce such an article were produced in the United States; and (2) the sale meets other payment guarantee criteria. Stipulates that such payment guarantees shall not include the value of any non-U.S. commodities.
Subtitle D: Agricultural Aid and Trade Missions - Directs the Secretary of Agriculture (Secretary), the Secretary of State, and the Administrator of the Agency for International Development, and the President of the Overseas Private Investment Corporation (Corporation) to establish agricultural aid and trade missions to eligible countries to encourage such countries to participate in U.S. agricultural aid and trade programs in accordance with this Act. Outlines administrative provisions concerning the composition and compensation of the U.S. representatives to such missions. Sets forth specified criteria for the establishment of such missions to eligible countries. Requires the establishment of eight missions within six months, and an additional eight missions within one year, after enactment of this Act. Authorizes the Secretary to establish additional future missions.
Requires members of such missions to: (1) meet with representatives of government agencies of the United States and the eligible country to plan the extent to which U.S. agricultural aid and trade programs could be used in a mutually beneficial manner; (2) provide technical expertise and information with respect to U.S. agricultural aid and trade programs and agricultural commodities and other assistance available to the eligible country; and (3) assist in obtaining firm commitments for proposals for food aid programs and agreements for commodity sales under agriculture export programs.
Directs each mission, no later than 60 days after its completion, to report to the President, the House Committee on Agriculture, the Senate Committee on Agriculture, Nutrition, and Forestry, the House Committee on Foreign Affairs the Senate Committee on Foreign Relations the Secretary, the Secretary of State, the Administrator, and the President of the Corporation on its findings and recommendations in carrying out the purposes of this Act.
Directs the Secretary and the Administrator, during the two-year period beginning one year after the enactment of this Act, to submit quarterly reports to the House Committee on Agriculture, the Senate Committee on Agriculture, Nutrition, and Forestry, the House Committee on Foreign Affairs, and the Senate Committee on Foreign Relations on progress made by such missions.
Requires the use of the CCC, within the funds made available to the Corporation, to carry out the purposes of this Act.
Subtitle E: Public Law 480 - Amends the Agricultural Trade Development and Assistance Act of 1954 (Act) to require, for FY 1988 through 1990, each agricultural commodity sale to provide for some foreign currency sales unless the President determines a country is incapable of participating in such foreign currency sale program. (Current law requires at least ten percent of such commodity sales to be foreign currency sales unless reduced by the President.)
Directs the President to give favorable commodity allocation to countries promoting the private sector through foreign currency sales.
Includes the promotion of conservation and study of biological diversity among the self-help measures set forth under such Act for the consideration of the President before entering into an agreement with a developing country for the sale of, U.S. agricultural commodities.
Includes cooperatives among the entities to be utilized by the President in the provision of agricultural commodity assistance to meet famine and other extraordinary food requirements of developing countries. Exempts nonemergency programs conducted by nonprofit voluntary agencies or cooperatives from any limitation on the generation and use of foreign currencies as a condition for obtaining such assistance.
Directs the President to report to the Congress by February 15, 1988, and annually thereafter, on sales, barter, and the use of foreign currency proceeds under the Act.
Requires cooperatives (currently only nonprofit voluntary agencies) to include in a request, for a nonemergency food assistance agreement a description of the uses of any foreign currency proceeds generated with the commodities provided under the agreement. Increases from five to ten percent of the aggregate value of the commodities distributed under nonemergency programs the amount that shall be used as foreign currency proceeds. Specifies uses of foreign currency proceeds from the sale or barter of commodities by an agency or cooperative.
Directs the President, no later than 45 days after submission to AID, to take final action on a proposal submitted by a nonprofit voluntary agency or cooperative, with the concurrence of the field mission, for the delivery of commodities requested. Directs the President, no later than 30 days prior to the issuance of a final guideline issued to carry out this title, to provide notice of the proposed guideline to participating nonprofit agencies and cooperatives and to make such guideline available for review and comment.
Requires an order for the purchase or the supply, from inventory, of such commodities to be transmitted to the Corporation not later than 15 days after receipt of a call from a field mission for such commodities.
Amends the Food Security Act of 1985 to extend the Farmer-to-Farmer program under P.L. 480 through FY 1990.
Subtitle F: Section 416 - Amends the Agricultural Act of 1949 to specify wheat, rice, and feed grains acquired by the CCC through price support operations as eligible commodities for agricultural assistance programs under title II of the Act.
Makes eligible U.S. commodities available to nonprofit and voluntary agencies and cooperatives conducting programs in a country whose government is receiving such commodities.
Directs the Secretary, upon request, to make multiyear commodity distribution or sale agreements.
Increases: (1) the scope of nonprofit and voluntary agency or cooperative foreign currency programs; and (2) the aggregate value of commodities available for such activities.
Sets forth time period limits for review and comment on nonprofit and voluntary agency or cooperative proposals.
Expresses the sense of the Congress that the Secretary should implement a specified barter program established under such Act no later than September 30, 1987.
Subtitle G: Miscellaneous Provisions - Chapter 1: General Provisions - Amends the Agricultural Adjustment Act to permit the prohibition on the importation of a commodity to begin in advance of the date when a marketing order is in effect with respect to the same domestic commodity if the Secretary finds that such action is necessary to prevent such importation of such commodity that would otherwise fail to meet the requirements imposed by such marketing order.
Amends the Agricultural Act of 1949 to provide that if producers of the 1990 soybean crop are permitted to repay loans at reduced rates, the Secretary shall: (1) support the price of 1990 sunflower seeds in relation to soybean prices (with minimum sunflower price supports of $.085 per pound); and (2) support the price of cottonseeds at a level competitive with soybeans.
Amends the Federal Meat Inspection Act to direct the Secretary to investigate the meat inspection requirements of countries which export meat to the United States to determine whether: (1) a country applies standards to U.S. meat that are not substantiated by reliable analytical methods or are different from standards applied to domestic meat; and (2) other trade measures available to the United States are not adequately addressing the problem.
Authorizes the House or Senate agricultural committees also to request such an investigation.
Directs the Secretary, upon such findings, to: (1) notify the Congress; and (2) prohibit such country from exporting meat to the United States unless the Secretary certifies that such meat has met applicable U.S. domestic inspection standards.
Directs the Secretary to compile and issue quarterly reports regarding: (1) the value and quantity of imported raw and processed agricultural products; and (2) the quantity of production and consumption of domestically produced raw and processed agricultural products.
Expresses the sense of the Congress that: (1) the United States International Trade Commission and the Secretary of Commerce should monitor European Community egg products imported into the United States to determine their impact on the domestic egg industry; (2) the United States Trade Representative should enter into negotiations with the European Community regarding duties and subsidies that limit U.S. egg producers access to European markets; and (3) if such barriers have had a substantial negative effect on the domestic egg industry, appropriate means should be used to encourage more liberalized trade practices.
Chapter 2: Wood and Wood Products - Amends the Agricultural Trade Development and Assistance Act of 1954 to include wood and processed wood products as agricultural commodities under such Act. Includes low-and medium-income housing construction as private sector development activities or private enterprise investments under such Act.
Amends the Food Security Act of 1985 to include wood and wood products as agricultural commodities for short-term export credit purposes under such Act.
Amends the Food for Peace Act of 1966 to include wood and wood products as agricultural commodities for intermediate-term credit purposes under such Act.
Amends the Cooperative Forestry Assistance Act of 1978 to establish a cooperative national forest products marketing program to provide: (1) technical assistance to States, landowners, and small- or medium-sized forest products firms in order to improve foreign and domestic marketing; and (2) matching grants to States for State and regional forest products marketing. Authorizes FY 1988 through 1991 appropriations. Directs the Secretary to submit annual program reports to the Congress, with the final report due by September 30, 1990.
Chapter 3: Safe Food Imports - Directs the Secretary of Health and Human Services (HHS) to prepare a fiscal year plan for the distribution of Food and Drug Administration (FDA) resources for sampling imported raw agricultural commodities to ensure: (1) compliance with pesticide residue laws; and (2) sharing of violations data among FDA districts.
Directs the Secretary of HHS to prepare a fiscal year summary of sampling activities which shall specify: (1) commodity types and volume; (2) country of export; (3) number of samples taken; and (4) violations, including commodity and pesticide, and the name of the importer.
Directs the Secretary of HHS, when a violation has been found, to monitor such commodity during the successive growing season.
Directs the Secretary of HHS to: (1) submit an enforcement report to the appropriate congressional committees; and (2) include within such report a description of any pesticide residue detection research.
Chapter 4: Studies and Reports - Directs the Secretary to conduct studies and report to the appropriate congressional committees on: (1) dairy import quotas; (2) intermediate export credit financing for import countries' commodity facilities and livestock production; (3) honey imports; and (4) the circumvention of sugar or dairy limitations by imported products containing sugar or dairy products.
Title XXII: Employment and Training for Dislocated Workers - Economic Dislocation and Worker Adjustment Assistance Act - Amends the Job Training Partnership Act (JTPA) to replace title III (Employment and Training Assistance for Dislocated Workers) with new provisions to aid dislocated persons, including former full-time homemakers who no longer receive spousal support.
Directs the Secretary of Labor (Secretary) to: (1) distribute funds to States under this title; (2) provide funds to exemplary and demonstration programs on plant closings and worker dislocation; (3) allocate discretionary funds; (4) monitor performance and expenditures and annually certify compliance with standards; (5) conduct research and serve as a national clearinghouse for gathering and disseminating information on plant closings and worker dislocation; (6) provide technical assistance and staff training services to States, communities, businesses, and unions; and (7) create a dislocated workers unit to coordinate the Secretary's functions under this title and to carry out specified consultations to address the needs of displaced workers who are veterans.
Requires State Governors, in order to receive an allocation of funds under this title, to submit to the Secretary a biennial State plan describing the programs and activities that will be assisted with such funds. Sets forth mandatory inclusions for State plans, including requiring: (1) the designation or creation of an identifiable State dislocated worker unit or office with the capability to respond rapidly, on site, to mass layoffs and plant closings; and (2) the establishment of a State job training coordinating council to advise the Governor and the State unit on the administration of programs under this title. Sets forth provisions for review, approval, and modification of plans, and for complaints, investigations, and penalties.
Allows funds allocated to States to be used to: (1) provide rapid response assistance in cases of plant closings and mass layoffs; (2) deliver, coordinate, and integrate basic readjustment services, including counseling, occupational information, job placement assistance, child care, and other supportive services; (3) provide retraining services, including classroom and on-the-job training, remedial education, and English for non-English speakers; (4) provide income support to certain displaced women who are participants in training or education programs under this title and are ineligible for unemployment compensation; and (5) establish programs providing linkage with the unemployment compensation system, including methods for the timely referral of persons to readjustment services and criteria for early identification of those having the greatest difficulty in finding employment.
Requires, subject to waiver by the Governor under certain circumstances, that a minimum of 30 percent of funds spent under this title by a substate grantee be used for retraining services.
Directs each State Governor to designate substate areas composed of one or more service delivery areas (based on population units of 500,000 or more). Provides for the designation of a substate grantee, selected in accordance with an agreement among the Governor, the local elected official, and the private industry council, to be responsible for providing basic readjustment and retraining services and income support. Lists entities eligible for designation as substate grantees, including: (1) private industry councils; (2) service delivery area grant recipients or administrative entities; (3) private nonprofit organizations; (4) local governmental units or offices of State agencies; and (5) public agencies such as community colleges and area vocational schools.
Requires that each substate grantee submit for the Governor's approval a plan describing how the services to be funded will be delivered. Sets forth details that must be described in such a plan, including information relating to program and recipient eligibility, coordination of relevant services, and performance goals. Authorizes the Governor to direct expenditures pursuant to a substate plan if the grantee fails to do so.
Requires a separate readjustment training plan to be included as part of a substate plan when relevant. Details required contents of such a plan, including: (1) procedures to assess the skills and needs of eligible dislocated workers; (2) a description of services and activities to be provided; and (3) a list of goals.
Sets forth criteria to govern the selection by substate grantees of service providers.
Directs the Secretary, for a given fiscal year, to: (1) allocate 75 percent of appropriated funds for distribution to the States; and (2) reserve 25 percent for demonstration, exemplary, and discretionary programs for eligible dislocated workers. Sets forth: (1) formulas for the allocation of funds to the States by the Secretary; and (2) criteria to be used by the Governor for distribution of funds within a State.
Directs the Secretary to promulgate standards for the conduct and evaluation of programs under this title.
Directs the Secretary, in the event that a State fails to qualify for an allocation, to use the amount of the allocation to provide in that State, directly or through contract, the program and services authorized by this title.
Authorizes up to 20 percent of the funds allocated to a State for any fiscal year to remain available for obligation and expenditure during the succeeding fiscal year. Provides for reimbursement of certain State funds from an allocation for a succeeding fiscal year. Limits administrative costs to 15 percent of a substate grantee's expenditures.
Directs the Secretary to ensure that each State unit has access to information collected and maintained under specified provisions of the JTPA to identify job skills that would improve the employment opportunities of eligible displaced workers.
Provides for the reallotment, subject to certain limitations, of recaptured unobligated funds among States that: (1) have the highest unemployment rates; and (2) have expended at least 90 percent of their program year allotment.
Assigns to the State job training coordinating council specific meeting, review, and report requirements for purposes of this title.
Directs the Secretary to provide for continuing evaluation of the program authorized by this title. Directs the Secretary to prepare and submit to the Congress as part of the annual report of the Department of Labor a report on certain activities under this title.
Prohibits an employer from ordering a plant closing or mass layoff until the end of specified time periods after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees, or if there is no representative, to each affected employee; and (2) the State dislocated worker unit and the affected local government. Provides for reduction of such notification period if the closing or layoff is caused by business circumstances not reasonably foreseeable.
Requires an employer to provide information with respect to such plant closing or mass layoff if a representative of the effected employees makes a request for such information to the employer. Makes an employee representative or local government that violates such information requirements liable to the employer for the financial loss suffered by such employer.
Makes an employer who orders a plant closing or mass layoff in violation of the notice requirements of this title liable to employees for back pay and benefits, and subject to civil penalties for violations with respect to a local government. Creates a cause of action in the appropriate U.S. district court to enforce such liability. Authorizes the court in such cases to require the defendant to pay reasonable attorneys' fees, along with the costs of the action.
States that such remedies shall be the exclusive remedies for any violation of the information and notification requirements.
Exempts from the notification requirements a plant closing or layoff if: (1) it results from the sale of the employer's business and the purchaser agrees to hire substantially all of the affected employees; (2) it results from a relocation of the business within a reasonable commuting distance and the employer offers to transfer substantially all of the affected employees; or (3) the affected employees were hired with the understanding that their employment was limited to the duration of the project or facility and the closing or layoff results because of the completion of the project.
States that the rights and remedies provided to employees provided by such notification and information provisions are in addition to any other contractual, statutory, or other legal rights and remedies of the employees.
Declares that it is the sense of the Congress that any employer not subject to the notice requirements should, to the extent possible, notify its employees about a proposal to close a plant or permanently reduce its workforce.
Directs the Secretary, from certain reserved amounts, to carry out demonstration, exemplary, and discretionary programs under this title. Reserves certain portions of such funds for specified programs under this title and for the Secretary's discretionary and exemplary programs. Sets a minimum and maximum amount to be available for dislocated farmer demonstration grants.
Authorizes the Secretary to implement dislocated worker loan demonstration projects in order to determine their feasibility and cost effectiveness with respect to: (1) augmenting training and assistance provided under JTPA with longer-term job preparatory training; (2) serving as an alternative to grants for providing retraining and relocation assistance; and (3) serving as a means of upgrading the skills of workers dislocated within firms.
Requires the Secretary to establish at least five such projects, each of which is to make a good faith effort to serve an annual aggregate of 2,000 dislocated workers.
Limits to $5,000 the aggregate amount of all direct loans made from such funds to each dislocated worker. Authorizes use of such loans for: (1) vocational and on-the-job training; (2) basic and remedial education; (3) relocation expenses; and (4) child care services.
Provides for evaluation of the direct loan approach. Directs the Secretary to report to the Congress on such evaluation by October 1, 1990.
Directs the Secretary to establish, through agreements with States, at least five self-employment opportunity demonstration projects to determine the feasibility and cost effectiveness of offering to workers just beginning to receive unemployment compensation the option of receiving assistance to set up their own business. Sets forth requirements with respect to: (1) eligibility; (2) rates of benefits; and (3) duration of eligibility.
Directs the Secretary to: (1) provide for evaluation of the self-employment allowance system; and (2) report to the Congress on such evaluation by October 1, 1990.
Directs the Secretary to conduct, through contracts with private industry councils, at least five public works employment demonstration projects to determine the feasibility and effectiveness with respect to: (1) developing skills that are marketable in the local private section; (2) assisting eligible participants to find jobs in the private sector; and (3) the impact on unsubsidized earnings and employment as an alternative to job training and employment services.
Prohibits the selection of a local job project when two business representatives or two labor representatives who are private industry council members file an objection to the particular project. Limits to 32 hours per week the time an eligible participant may be employed on such a job project.
Directs the Secretary to establish guidelines for local job project selection, including requirements for education, training, and private sector job search assistance. Requires the Secretary to: (1) provide for evaluation of the public works employment demonstration project; and (2) report to the Congress on such evaluations by October 1, 1990.
Directs the Secretary to allocate funds to the States to implement demonstration projects for dislocated farmers, farm employees, and ranchers to determine whether a substantial number of such persons not currently participating in programs for dislocated workers could benefit from specially targeted assistance. Bases a State's eligibility for assistance under this program on: (1) the extent of the decline of farm equity within the State; (2) the increase in the average debt-to-asset ratio of all farms; and (3) the presence in the State of areas having significant farmer dislocation or potential dislocation.
Sets forth formulas for determining the allocation of funds to eligible States. Includes a per State maximum and provisions for recapture of unused funds.
Designates as eligible recipients of services under the State application farmers, farm employees, and ranchers who: (1) can demonstrate that the operations providing their primary occupation have terminated or are likely to do so because of foreclosure, bankruptcy, ongoing nonprofitability, and similar causes; or (2) are likely to leave their primary occupation because of an unfavorable debt-to-asset ratio.
Authorizes specially tailored basic readjustment, retraining, and income support services.
Requires the Secretary to: (1) provide for evaluation of the success of the special program for dislocated agricultural workers; and (2) report to the Congress on such evaluation by October 1, 1990.
Directs the Secretary to carry out, through grants to nonprofit community development corporations, job creation demonstration programs to illustrate the effectiveness of such corporations in creating employment opportunities for eligible dislocated workers, especially heads of low-income families.
Requires that grant funds be used to furnish technical and financial assistance for business concerns and other enterprises located in distressed communities to promote employment opportunities for dislocated workers.
Sets forth information to be required in the application for a grant under the program. Directs the Secretary to: (1) give priority to applications with the highest percentage of dislocated workers who are heads of low-income families; (2) provide for evaluation of the success of this job creation program; and (3) report to the Congress on such evaluations by October 1, 1990.
Authorizes the Secretary to use specified reserved funds to provide appropriate assistance and support for industry-wide and multi-State projects, in certain cases of mass layoffs and for other specified uses. Requires the Secretary to establish criteria to govern the application for and disbursement of these discretionary funds. Directs the Secretary to disseminate information on the effectiveness of programs assisted under this discretionary program.
Amends the JTPA to: (1) authorize specific FY 1988 appropriations for title III purposes; and (2) revise the selection process for and composition of State job training coordinating councils.
Title XXIII: Education for Economic Security - Provides that titles XXIII through XXXII of this Act may be cited as the Education for a Competitive America Act. Provides that this title may be cited as the Education for Economic Security Reauthorization Act.
Amends the Education for Economic Security Act (the Act) to extend through FY 1993 the authorization of appropriations under title II of the Act for financial assistance from the Secretary of Education to State and local educational agencies and to institutions of higher education to improve the skills of teachers and instruction in mathematics, science, computer learning, and foreign languages.
Extends through FY 1993 the authorization of appropriations under title III of the Act for the National Science Foundation program for partnerships in education for mathematics, science, and engineering to improve the quality of instruction, furnish additional support for research, student scholarships, and faculty exchange programs, and encourage educational partnerships among business, higher education, and elementary and secondary schools.
Star Schools Program Assistance Act - Amends the Education for Economic Security Act to add a title establishing a star schools program. Cites the new title as the Star Schools Program Assistance Act.
Empowers the Secretary of Education to make demonstration grants of up to a fiscal year maximum of $20,000,000 per grant to eligible telecommunications partnerships for the development, construction, and acquisition of telecommunications facilities and equipment and for technical assistance.
Authorizes appropriations for FY 1988 through 1992, subject to fiscal year limitations.
Mandates that at least 50 percent of funds under this Act for any fiscal year be used for the cost of facilities, equipment, teacher training or retraining, technical assistance, or programming for certain local educational agencies.
Sets forth eligibility criteria to identify eligible telecommunications partnerships, which must be organized on a statewide or multistate regional basis and be either: (1) a public agency or corporation established to provide education-related telecommunications networks to certain educational or health institutions or to industries; or (2) a partnership that will provide a telecommunications network and whose membership includes combinations of certain specified educational entities (especially elementary and secondary schools eligible for funds under title I of the Elementary and Secondary Education Act of 1965 or such eligible schools operated by the Department of the Interior for Indian children) or public or private organizations experienced with telecommunications.
Authorizes eligible partnerships to submit a grant application: (1) describing the telecommunications facilities, equipment, and technical assistance for which aid is being sought; (2) demonstrating that the services offered will increase the availability of courses of instruction in mathematics, science, and foreign languages; (3) describing teacher training policies to be implemented to ensure the effective use of the relevant facilities; (4) providing assurances that the financial interest of the United States in the telecommunications facilities and equipment will be protected for their useful life; (5) assuring that a significant portion of the facilities, equipment, technical assistance, and programming will be made available within local educational agencies having a high percentage of educationally deprived students; (6) describing how traditionally underserved students will participate in the benefits of such technology; and (7) containing other assurances and information as required by the Secretary.
Directs the Secretary, in approving applications, to assure an equitable geographic distribution of grants and to give priority to certain applicants, including those partnerships that: (1) have the capacity to serve the broadest range of targeted institutions; (2) have substantial academic and teaching capabilities; (3) will serve a multistate area; and (4) demonstrate strength in mathematics, science, and foreign language resources which by distribution through the partnership will offer new educational opportunities, especially to traditionally underserved populations and to areas with limited access to such resources; and (5) will meet the needs of individuals traditionally excluded from careers in mathematics and science because of discrimination, inaccessibility, or economically disadvantaged backgrounds.
Requires each grantee to report to the Secretary concerning courses and materials to be transmitted by satellite to educational institutions and teacher training centers and to specify the locus and time of such transmissions. Directs the Secretary to: (1) compile and prepare for dissemination a listing and description of the courses and materials submitted by each grantee; and (2) distribute such list to all State educational agencies.
Authorizes the Office of Technology Assessment, upon request, to: (1) conduct a thorough evaluation of the use of the telecommunications system supported by the grants awarded under this Act, and report to the Congress on such evaluation; and (2) study and evaluate the cost of designing, building, and launching a satellite for educational purposes, including an analysis of potential users' ability to repay such costs. Requires a report to the Congress if such study indicates that potential users would be able to repay such costs within ten years.
Title XXIV: Foreign Language Assistance - Subtitle A: Foreign Language Assistance - Foreign Language Assistance Act of 1987 - Directs the Secretary of Education to make grants to State education agencies to fund model programs, designed and operated by local educational agencies, for the improvement and expansion of foreign language study for children who reside within their school districts. Sets forth formulas for determining the amount of such grants based on State population. Sets forth provisions relating to the availability of such funds. Sets forth grant application requirements for State educational agencies, including provisions for periodic student proficiency evaluation. Provides for program participation by private school children.
Authorizes appropriations for FY 1988 through 1993 to carry out this subtitle.
Subtitle B: Presidential Award for Languages - Authorizes the President to make Presidential Awards for Teaching Excellence in Foreign Languages to elementary and secondary school teachers of foreign languages who have demonstrated outstanding qualifications in the field of teaching foreign languages. Authorizes appropriations for FY 1988 through 1993 for such awards.
Title XXV: Education for Disadvantaged Children - Subtitle A: Secondary School Basic Skills Achievement Program - Secondary School Basic Skills Improvement Act of 1987 - Amends the Education Consolidation and Improvement Act of 1981 to provide assistance to local educational agencies with high concentrations of low-income children to improve the achievement of educationally deprived children enrolled in secondary schools. Sets forth the authorized uses of such funds. Requires local educational agencies to include in applications for such funds a plan of operation as specified by this Act. Describes the process for the award of grants by State educational agencies to local agencies.
Requires local educational agencies to evaluate their programs and report to the State educational agency at least biennially. Requires the State agency to make a public report of such programs at least biennially and to collect data on the race, age, and gender of children served by such programs.
Provides for improving programs which show a decline in achievement of children served under such programs.
Authorizes appropriations for FY 1988.
Subtitle B: Improvement of Chapter 1 Programs - Amends the Elementary and Secondary Education Act of 1965 to set a minimum aggregate amount which the local educational agencies in a State are eligible to receive under the Chapter 1 program (Financial Assistance to Meet the Special Educational Needs of Children).
Title XXVI: Educational Partnerships - Educational Partnerships Act of 1987 - Declares that the purpose of this title is to encourage the creation of educational partnerships between public schools and the private sector in order to apply the resources private and nonprofit sectors of the community, particularly business concerns and community-based organizations, to the needs of educational institutions in that community designed to encourage excellence in education.
Authorizes the Secretary of Education (Secretary) to make grants to educational partnerships to pay the Federal share of costs of the model cooperative programs for authorized activities. Includes among such authorized activities: (1) projects which serve educationally disadvantaged and gifted and talented students; (2) projects designed to enrich secondary school students' career awareness; (3) projects for foreign language instruction; (4) special training for staff to facilitate public school/private sector cooperation; (5) academic internship programs; and (6) projects to provide tutoring by private sector personnel.
Sets forth application requirements and the Federal share of such activities.
Directs the Secretary annually to evaluate grants made under this title.
Directs the Secretary to disseminate to State and local educational agencies and other participants in the eligible partnerships any information relating to the activities assisted under this title.
Title XXVII: Training Technology Transfer - Training Technology Transfer Act of 1987 - Establishes the Office of Training Technology Transfer in the National Technical Information Service (NTIS) of the Department of Commerce.
Provides that the Director of the Office shall be appointed by the Secretary of Commerce, in consultation with the Secretaries of Education and Labor. Sets forth provisions relating to staffing and staff compensation.
Requires the Director to compile and maintain a current and comprehensive inventory of all training technology developed by or under the supervision of Federal agencies.
Defines "training technology" as computer software which is developed by a Federal agency to train its employees and which may be transferred to or converted for use by a commercial user or a public interest user. Includes under such definition software for computer-based instructional systems, interactive video disc systems, microcomputer training devices, audiovisual devices, and programmed learning kits, and associated manuals and devices integrally related to the software program.
Requires the Director, in compiling such inventory, to: (1) consult with and fully utilize the resources of all Federal agencies engaged in the collection and dissemination of information concerning training technology; and (2) request the participation and cooperation of entities in the legislative and judicial branches.
Requires the Director to disseminate the inventory and its revisions widely and on a regular basis to give all potential users of training technology ample notice of its development by Federal agencies. Requires the Director, in doing so, to use all interagency and intergovernmental communications mechanisms and to encourage the participation of independent private sector organizations.
Requires the Director to develop and distribute detailed instructions and procedures for securing copies, and rights thereto, of training technology listed in such inventory and guidelines for cooperative agreements between commercial users and public interest users under specified provisions of this title.
Defines "public interest user" as: (1) any Federal agency which uses or intends to use the training technology of another Federal agency; and (2) any nonprofit entity which uses or intends to use the training technology of a Federal agency and which provides job training, vocational education, or other education services (including public school systems, vocational schools, private preparatory schools, colleges, universities, community colleges, private industry councils, community-based organizations, and State and local government agencies).
Requires the Director to advise and consult with any prospective public interest user of training technology listed in the inventory and assist such user in securing the transfer and conversion of such technology from the Federal agency which developed it. Requires the Director to encourage such user to obtain such technology by working with the Training Technology Transfer Officer of such agency. Requires the Director, if an agency has not established procedures for the transfer of training technology, to negotiate the transfer of such technology upon application by such user.
Authorizes the Director to enter into contracts with institutions of higher education and qualified private sector business concerns for the conversion of training technology in order to adapt such technology to the requirements of a public interest user.
Requires the Director to advise and consult with any prospective commercial user of a training technology listed in the inventory. Authorizes the Director to sell or lease such technology, including exclusive or nonexclusive rights in patents or copyrights, to a commercial user for a price or fee which reflects a reasonable return to the Government.
Authorizes the Director to waive, or negotiate reductions of, such purchase prices or lease fees, or negotiate exclusive sale or lease agreements or other favorable terms for commercial users who agree to enter into cooperative agreements with public interest users or user groups. Requires such agreements to be acceptable to the Director and to provide for a conversion of the training technology, without charge, by the commercial user to meet the specific needs of the public interest user or user group.
Requires the Director, in negotiating such terms for the sale or lease of training technology, to give preferential consideration to cooperative agreements which: (1) will result in enhancing the employment potential and potential earnings of the maximum number of individuals; (2) encourage and promote multiple uses of training technology converted by users with similar training needs; and (3) provide beneficial uses of training technology for small businesses.
Requires any training technology converted under such a cooperative agreement to be: (1) listed in the inventory; and (2) available for transfer to any other public interest user.
Requires the Director to: (1) study the effectiveness of training technology transfers and conversions under this title; and (2) analyze national needs for methods to convert training technology which are in addition to the method of cooperative agreements between commercial and public interest users. Requires the Director, within three years after the enactment of this title, to report to the Congress on such study and analysis, with the Director's recommendations as to whether the public interest would be served through the establishment of a program of grants to support the conversion of training technology.
Requires all Federal agencies to cooperate with the Director in implementing this title. Requires Federal agency heads to report to the Secretary of Commerce if they find that their agency cannot cooperate with the Director for reasons of national security or any other reason. Directs the Secretary to report all such findings received during the preceding 12-month period to the Congress by July 1 of each year.
Requires the Director to cooperate with the Federal Software Exchange Center of NTIS to facilitate training technology transfer between Federal agencies.
Sets forth administrative provisions.
Establishes the Training Technology Transfer Advisory Board and sets forth provisions relating to Board appointments, compensation, and meetings.
Authorizes appropriations for FY 1988 and succeeding fiscal years.
Title XXVIII: Higher Education - Subtitle A: International Business Education Program - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make grants to institutions of higher education to pay the Federal share of the cost of planning, establishing, and operating centers for international business education which: (1) will be national resources for the teaching of improved business techniques, strategies, and methodologies which emphasize the international context in which business is transacted; (2) will provide instruction in critical foreign languages and international fields needed to provide understanding of the cultures and customs of United States trading partners; and (3) will provide research and training in the international aspects of trade, commerce, and other fields of study. Requires such centers to serve as regional resources to businesses proximately located by offering programs and providing research designed to meet the international training needs of such businesses. Describes programs and activities to be conducted by such centers.
Requires institutions, or combinations of such institutions, in order to be eligible for assistance, to establish a Center Advisory Council to conduct extensive planning concerning the scope of the center's activities and programs.
Establishes the schedule for the Federal share of costs for such centers. Authorizes appropriations for FY 1988 and for each of the three succeeding fiscal years.
Subtitle B: Post-Baccalaureate Achievement Program - Amends the fundings requirements of the Ronald E. McNair Post-Baccalaureate Achievement Program to raise the amount of funding that may be allocated for such program if the annual appropriation for the Special Programs for Students from Disadvantaged Backgrounds equals or exceeds a specified amount.
Title XXIX: Vocational Education - Amends the Carl D. Perkins Vocational Education Act to increase the authorization of appropriations for adult training, retraining, and employment development and for industry-education partnerships for training in high technology occupations. Requires that special consideration be given to individuals who have attained 55 years of age.
Title XXX: National Center for Research and Development in the Education of Gifted and Talented Children and Youth - Directs the Secretary of Education to establish a National Center for Research and Development in the Education of Gifted and Talented Children and Youth through grants to or contracts with one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies. Requires the Secretary to appoint a Director for such Center and an advisory committee to advise on the administration of this title.
Requires the Center to conduct: (1) research on methods and techniques for identifying and teaching gifted and talented children and youth; and (2) program evaluations, surveys, and the collection, analysis, and development of information needed to carry out the objectives of this title.
Authorizes appropriations for FY 1988 through 1993.
Title XXXI: Assistance to Address School Dropout Problems - School Dropout Demonstration Assistance Act of 1987 - Authorizes appropriations for FY 1988 through 1990 for grants to local educational agencies (LEAs) for demonstration programs of dropout prevention, reentry, information, and identification of at-risk students.
Allots specified percentages of such funds to various categories of LEAs and educational partnerships. Limits the Federal share of project cost to no more than 90 percent in the first fiscal year, 70 percent in the second, and 50 percent in the third.
Sets forth grant application requirements, including plans for dropout information collection and reporting systems.
Sets forth authorized activities for which such grants may be used.
Requires that: (1) at least 30 percent of grant funds be used for dropout prevention activities; (2) at least 30 percent of grant funds be used for dropout reentry persuasion and assistance activities; and (3) not more than ten percent of any grant be used for administrative costs.
Requires that grants be used to supplement other funds.
Requires grant recipients to cooperate with the coordination and dissemination efforts of the National Diffusion Network and State educational agencies.
Sets forth provisions for auditing and withholding payments.
Directs the Secretary to use a specified amount to conduct a one-year study of the nature and extent of the dropout problem.
Title XXXII: Literacy Assistance - Subtitle A: Literacy Corps Assistance - Literacy Corps Assistance Act of 1987 - Authorizes appropriations for FY 1988 and any fiscal year thereafter, not to exceed two fiscal years, for literacy corps programs. Authorizes the Secretary to make grants to institutions of higher education for: (1) the costs fo participation in such programs and stipends for student coordinators; and (2) technical assistance, collection and dissemination of information, and evaluation of such programs.
Subtitle B: Workplace Literacy Assistance - Amends the Adult Education Act to authorize appropriations for FY 1988 for the Secretary of Education to make demonstration grants to exemplary education partnerships for workplace literacy to pay the Federal share of the cost of adult education programs which teach literacy skills needed in the workplace.
Subtitle C: Instructional Programs in Technology Education - Authorizes appropriations for FY 1988 for the Secretary to establish a program of grants to local educational agencies, State educational agencies, consortia of public and private agencies, organizations and institutions, and institutions of higher education for not more than ten demonstration programs in technology education for secondary schools.
Subtitle D: General Provisions - Provides that funds may not be appropriated for any programs under this title for any fiscal year unless the appropriation for the Adult Education Act is at least of a specified amount.
Terminates the Literacy Corps Assistance Act of 1987 and its program one year after the appropriation of funds for the second fiscal year of its existence.
Title XXXIII: Process Patent Amendments Act of 1987 - Process Patents Amendments Act of 1987 - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a process patented in the United States. Excludes products materially changed by subsequent processes or products which become a trivial and nonessential component of another product.
States that no modification of remedies is available to any person who practiced the patented process, is controlled by or controls the person who practiced the process, or who had knowledge before the infringement that a patented process was being used in violation of this Act.
Requires an infringer to have actual knowledge of infringement or sufficient information as to the likelihood of infringement before remedies are available to the patent holder. Makes remedies contingent upon the good faith practiced by both parties, as well as the need to restore exclusive patent rights.
Requires a party to show good faith by requesting or responding to a request for disclosure by a manufacturer of all process patents owned or licensed to such manufacturer at the time of the request which could reasonably be believed to be infringed if imported, used, or sold in the U.S. by an unauthorized party. Limits requests to persons regularly engaged or about to be regularly engaged in the business. Requires requests to be made before a notice of infringement and to include a representation that the requester will submit identified patents to the manufacturer or supplier to obtain a written statement that these patents are not being violated.
Requires notices of infringement to specify the patent allegedly infringed and the reasons why such infringement is suspected.
Places the burden of proof in an infringement action to show that a product was not produced by the patented process on the defendant.
Makes this provision effective prospectively only, except where a specific product is already in substantial and continuous sale or use by a person in the United States on May 15, 1987, or for which substantial preparation by such person for such sale or use was made before such date, to the extent equitable.
Directs the Secretary of Commerce to report annually to the Congress for five years on the effect of this provision on the importation of manufacturing ingredients in certain domestic industries.
Title XXXIV: Patent Misuse Doctrine Reform - States that a patent owner's licensing practices cannot constitute patent misuse unless such practices violate the antitrust laws.
Title XXXV: Licensee Challenges to Patent Validity - States that a patentee cannot be estopped from challenging the validity of a patent to which it is licensed.
Title XXXVI: Pharmaceutical Patent Term Restoration Act Amendments - Extends the term of a patent on new drugs for five years, under certain circumstances.
Terminates a patent extension if such patent is extended because the Federal Food and Drug Administration has not made a final determination regarding the approvability of the supplemental new drug application prior to 90 days before the patent expires if the Administration subsequently makes a final determination disapproving such new drug application.
Requires the holder of the rights to the patent of a qualifying drug to inform the Commissioner of Patents of the number of the patent covering the composition. Requires the Commissioner to issue a certificate of extension upon receipt of such notification.
Requires the Commissioner to issue a certificate of termination of extension upon receipt of notification that such new drug application has been disapproved.
Title XXXVII: Trade and Technology Policy - Subtitle A: Department of Industry and Technology - Part I: General Provisions - Economic Competitiveness, International Trade, and Technology Development Act of 1987 - Sets forth congressional findings with respect to U.S. international competitiveness.
Part II: Establishment and Organization - Establishes the Department of Industry and Technology (Department) as an independent agency which shall be administered by a Secretary of Industry and Technology (Secretary). Provides for the appointment by the President of a Deputy Secretary of Industry and Technology. Sets forth the functions of the Secretary, including: (1) to seek and promote new opportunities for U.S. products; (2) to assist U.S. business in developing export markets; and (3) to develop programs to promote U.S. international economic and technology policy.
Establishes within the Department the Office of the Under Secretary for Industry. Provides that such Office shall be administered by the Under Secretary of Industry and Technology for Industry. Declares that such Office shall be composed of: (1) the Office of Economic Analysis; (2) the Office of Trade Development; (3) the United States and Foreign Commercial Service; (4) the Office of Economic Development; (5) the Bureau of the Census; (6) the Minority Business Development Agency; (7) the Office of Small Business Trade Remedy Assistance; (8) the Office of the Chief Economist; and (9) the Office of Strategic Resources. Provides for the establishment of such offices. Authorizes appropriations for FY 1989 for the Office of Small Business Trade Remedy Assistance.
Establishes within the Department the Office of the Under Secretary for Technology. Provides that such Office shall be administered by the Under Secretary of Industry and Technology for Technology. Declares that such Office shall be composed of: (1) the Advanced Civilian Technology Agency; (2) the Office of Technology Information; (3) the Patent and Trademark Office; (4) the National Bureau of Standards; and (5) the Office of Communications and Information. Provides for the establishment of such offices. Establishes the National Technical Information Service and the Office of International Technology Monitoring within the Office of Technology Information. Authorizes appropriations for FY 1989 for specified activities of the Office of Technology Information.
Establishes within the Department: (1) the Office of the Under Secretary for Export Administration; (2) the United States Travel and Tourism Administration; and (3) the National Oceanic and Atmospheric Administration.
Part III: Advanced Civilian Technology Agency - Establishes within the Department the Advanced Civilian Technology Agency. Provides that such Agency shall be administered by an Administrator. Sets forth the functions of such Agency. Establishes within such Agency the National Advanced Civilian Technology Advisory Board. Authorizes the Secretary, through the Administrator of the Agency, to make grants and enter into contracts and cooperative agreements with research and development organizations to support long-term projects for: (1) research and development of new or advanced technology for the private sector of the U.S. economy; and (2) research concerning the commercial adaptation of such technology. Sets forth requirements with respect to such grants and contracts. Authorizes appropriations for FY 1989 through 1991.
Part IV: Transfers to the Department - Transfers all functions of the Department of Commerce and of the Trade Remedy Assistance Office of the ITC to the Secretary.
Part V: Administrative Provisions - Sets forth provisions dealing with: (1) personnel issues; (2) the power of the Secretary to delegate functions; (3) the succession of officers within the Department; (4) the authority of the Secretary to reorganize the Department; (5) the authority of the Secretary to issue rules and regulations; (6) the establishment of a working capital fund for the Department; and (7) other administrative matters.
Sets forth conforming amendments.
Subtitle B: Trade Functions - Part I: General Provisions - Establishes as an independent agency the United States Trade Administration which shall be headed by the USTR. Provides for the appointment of four Deputy USTRs. Establishes within the Administration the Office of Import Enforcement Programs. Provides that such Office shall be headed by the Director of Import Enforcement Programs. Provides for the appointment of a General Counsel and a Chief Textile Negotiator for the Administration.
Establishes within the Executive Office of the President the Office of Trade Policy Coordination. Provides that such Office shall be headed by the USTR. Sets forth the functions of the Administration. Expresses the sense of the Congress that the USTR shall: (1) be the senior representative on any body that the President may establish for proving the President advice on international trade; and (2) be included as a participant in all international economic summits.
Transfers the Office of the USTR, including all functions performed by the USTR, including all functions performed by the USTR, to the USTR appointed under the Administration. Transfers all functions of the Secretary of Commerce relating to trade to the USTR.
Part II: Administrative Provisions - Sets forth provisions dealing with: (1) personnel issues; (2) the power of the USTR to delegate functions; (3) the succession of officers within the Administration; (4) the authority of the USTR to reorganize the Administration; (5) the authority of the USTR to issue rules and regulations; (6) the establishment of a working capital fund for the Administration; and (7) other administrative matters. Requires the USTR to submit a report to the President for transmission to the Congress.
Subtitle C: Economic Policy Council - Directs the President to establish the Economic Policy Council within the Executive Office of the President. Declares that the Council shall advise the President on national and international economic policies.
Subtitle D: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, and conforming provisions relating to changes made by this Act.
Terminates the Department of Commerce and the Office of the USTR in the Executive Office of the President. Authorizes appropriations.
Title XXXVIII: Interagency Committees and Commissions - Subtitle A: Council on Economic Competitiveness - Part I: Establishment of Council - Establishes as an independent Federal agency the Council on Economic Competitiveness. Sets forth the duties of the Council, including to: (1) collect and provide information concerning U.S. economic competitiveness; (2) serve as a clearinghouse that identifies and monitors Federal, State, and local programs devised to increase U.S. competitiveness; and (3) report annually to the President and the Congress on the ability of the United States to be internationally competitive.
Provides that the principal administrative officer of the Council shall be an Executive Director, who shall be appointed by such Council.
Sets forth the powers of the Council. Requires the Council, at the request of the President or the leaders of the House or Senate, to consult with the President on issues related to U.S. economic competitiveness.
Authorizes the Council to convene industry sector competitiveness subcouncils which shall encourage U.S. industries to become competitive.
Requires the Council to monitor the effect of international trade and Foreign activities in science and technology on U.S. industries. Requires the Council to transmit a report to the Congress and to the President containing Council recommendations for changes in Federal policy necessary to implement competitiveness policies. Requires the Council to transmit annually to the President and to the Congress a report setting forth the goals to achieve a more competitive U.S. economy.
Authorizes appropriations for FY 1988.
Part II: Budget Impact on Competition - Requires the President to include in the annual Federal budget submitted to the Congress for FY 1989 through 1992 and analysis by the Office of Management and Budget of the budget's impact on the economic competitiveness of U.S. business and the U.S. balance of payments, including projections, based upon the best information available at the time, for Government borrowing, domestic savings, private domestic investment, the merchandise trade and current accounts, and foreign indebtedness.
Amends the Congressional Budget Act of 1974 to require that a similar analysis, prepared after consultation with the Director of the Congressional Budget Office, be included in the report of the Committee on the Budget of each House of Congress which accompanies each concurrent resolution on the budget for FY 1989 through 1992.
Subtitle B: National Trade Data Bank - Establishes the National Trade Data Committee. Sets forth the functions of the Committee, including to: (1) formulate and implement a economic and trade information policy to assure the timely collection of data on trends in international economics and trade; (2) direct the Secretary of Commerce to establish a National Trade Data Bank to provide the private sector and Government officials with economic and trade data for policymaking and export promotion; (3) formulate policies to encourage international organizations and foreign countries to adopt systems to report foreign trade statistics; and (4) present recommendations to the Congress concerning changes needed to improve the accuracy of U.S. trade information.
Requires the Secretary of Commerce, after receiving instructions from the Committee, to establish and manage the Data Bank.
Subtitle C: Commission on United States Trade in the 1990's - Establishes the Commission on United States Trade in the 1990's. Requires the Commission to study and make recommendations concerning international trade and practices of the United States. Terminates the Commission on January 1, 1989. Authorizes appropriations for FY 1988 and 1989.
Subtitle D: Studies - Requires the Secretary of Commerce to conduct annually a study to: (1) identify U.S. barriers to U.S. exports; (2) estimate the increased value of U.S. exports that would result from the elimination of such barriers; and (3) examine national security concerns with respect to such barriers. Requires the Secretary of Commerce to submit an annual report ot the Congress on such study.
Requires the Secretary of Commerce to conduct a study to determine the labor and physical resource needs of: (1) the U.S. economy; (2) critical technologies; and (3) emerging technologies.
Requires the Secretary of Commerce to conduct a study to determine the relationship between the manufacturing base and other commercial activity, especially in the area of services of high technology.
Requires the Board of Governors of the Federal Reserve System to conduct an annual study to determine the impact on the domestic and foreign competitiveness of U.S. firms caused by the Financial and regulatory systems (including antitrust laws) of those foreign countries which engage in practices that constitute barriers to trade or distortions of trade.
Subtitle E: Interagency Coordinating Committee on Federal Participation in Sematech - Interagency Coordinating Committee on Federal Participation in Sematech Act of 1987 - Establishes the Interagency Coordinating Committee on Federal Participation in Sematech and an Advisory Council on Federal Participation in Sematech. Defines "Sematech" as a consortium of United States semiconductor manufacturers, materials manufacturers, equipment manufacturers, academic institutions, and Federal agencies, established for the purpose of: (1) conducting research concerning advanced semiconductor manufacturing techniques; and (2) developing techniques to adapt manufacturing expertise to a variety of semiconductor products.
Requires the Committee, within 90 days after enactment of this Act, to report to the Congress its recommendations about whether the Federal Government should participate in Sematech. Specifies the contents of a favorable report. Outlines the duties of the Committee should a majority vote to support Federal participation. Requires the provision of grants and other financial assistance to Sematech in such an event, but limits the Federal share of costs to 50 percent. Makes the Committee a liaison between Federal agencies and private participants in Sematech. Directs the Committee to require Sematech to submit annual reports and provide for biennial audits.
Authorizes appropriations for FY 1988 through 1992.
Subtitle F: Committee on Symmetrical Access to Technological Research - Establishes the Committee on Symmetrical Access to Technological Research. Sets forth the functions of the Committee, including to: (1) study the general concept of symmetrical access, which is the availability of equally valued technological knowledge and research across countries; (2) construct a description of the degree of symmetrical access between the United States and its major trading partners; and (3) recommend negotiating goals for the U.S. Trade Representative to follow in negotiations with foreign countries which are designed to increase symmetrical access between the United States and such countries.
Title XXXIX: Small Business - Small Business International Trade and Competition Enhancement Act - Amends the Small Business Act to require the Office of International Trade (Office) to cooperate with other relevant Federal agencies, including the Department of Commerce, the Small Business Export Assistance Centers, regional and local Small Business Administration (Administration) offices, the small business community, and relevant State and local export promotion programs to: (1) develop a distribution network for existing trade promotion, trade finance, trade adjustment, and trade data collection programs; and (2) assist in the marketing of these programs and the dissemination of marketing information to the small business community.
Requires the Office to: (1) cooperate with the Department of Commerce and other relevant agencies, regional and local Administration offices, the Small Business Development Center network, the Small Business Export Assistance network, and State programs to develop mechanisms for identifying subsectors of the small business community with strong export potential, identify areas of demand in foreign markets, increase international marketing by disseminating information about market leads, goods and services produced by small businesses and linking potential sellers and buyers; (2) assist small businesses in the formation of export trading companies, export management companies and research and development pools; (3) work with other Federal agencies, the Administration's local and regional offices, the Small Business Export Assistance Center network, and the private sector to identify existing foreign language translation services; (4) work closely with the Department of Commerce and other relevant Federal agencies to disseminate data regarding the small business share of United States exports and the nature of State exports, make recommendations to the Secretary of Commerce and to the Congress regarding revision of the SIC code, improve the utility and accessibility of existing export promotion programs for small businesses, and increase the accessibility of the Export Trading Company contact facilitation service; and (5) make available to the small business community information regarding conferences on exporting and international trade.
Requires the Office to work with the Export-Import Bank, the Department of Commerce and the States to develop a program through which export specialists in the regional and district offices of the Administration, regional and local loan officers, and Small Business Export Assistance Center personnel can facilitate the access of small businesses to relevant export financing programs of the Export-Import Bank and to export and preexport financing programs available through the Administration and the private sector.
Directs the Office to cooperate with the Export-Import Bank and the small business community to: (1) market existing Administration export financing and preexport financing programs; (2) identify financing available under various Export-Import Bank programs; (3) assist in the development of financial intermediaries; (4) promote greater participation by private financial institutions in export finance; and (5) provide for the participation of Administration personnel in training programs conducted by the Export-Import Bank.
Directs the Office to: (1) cooperate with other Federal agencies and the private sector to counsel small business on proceedings related to the United States trade laws; and (2) cooperate with the Department of Commerce, the United States Trade Representative to increase access to trade remedy proceedings for small businesses.
Requires the Office to report to the House and Senate small business committees on April 1 of each year on the implementation of the above provisions.
Authorizes appropriations for the Office of International Trade for FY 1988.
Requires the Office to undertake studies and report to the House and Senate small business committees on: (1) a competitive export incentive program for small businesses similar to the Small Business Innovation Research Program; (2) expediting trade remedy proceedings to increase access for and reduce expenses incurred by smaller firms; and (3) expediting export licensing procedures.
Authorizes the Administration to provide extensions and revolving lines of credit for export purposes and for preexport financing to enable small business concerns to develop foreign markets. Limits extensions and revolving lines of credit to 18 months. Requires the Administration, when considering loan or guarantee applications, to consider export-related benefits.
Authorizes appropriations for Small Business Export Assistance Centers for FY 1988 through 1990.
Authorizes grants for small business development centers to include management and technical assistance regarding small business participation in international markets, export promotion and technical transfer.
Requires the Small Business Development Centers which establish trade promotion programs to cooperate with the Administration's regional and local offices, the Department of Commerce and other relevant Federal, State, and local agencies to serve as a clearinghouse for existing trade promotion, trade finance, trade adjustment, and trade data collection programs. Prohibits Small Business Development Centers from establishing separate Small Business Export Assistance Centers within the existing SBDC network of the same State.
Provides that any participant which is eligible to be funded by the Administration as a Small Business Development Center may apply for an additional funding agreement to be used solely for new or increased activities to assist: (1) development of small business participation in international trade; (2) technology transfer; and (3) information dissemination and service delivery.
Authorizes the Administration to enter into funding agreements with any nonprofit entity to assist in establishing Small Business Export Assistance Centers. Limits grants to a specified share of a $10,000,000 program and provides that the minimum amount of any grant application which is funded by the Administration shall be $50,000.
Provides that applicants shall encourage small businesses to participate in international trade, provide small businesses with technology transfers which will promote increased productivity, and provide assistance to small businesses in marketing goods or services in foreign markets.
Requires that applicants provide funding from non-Federal sources equal to 25 percent of the grant in the first year, 40 percent in the second year, and 50 percent for the third and each subsequent year.
Requires the Administrator to appoint an advisory committee consisting of three persons from the Administration, two Small Business Development Center directors and a chairperson designated by the Administrator from the membership of the Committee.
Requires proposals for funding agreements to contain timetables outlining implementation of such programs.
Provides that proposals for funding agreements may include programs to: (1) assist small businesses in exporting by identifying and developing potential export markets; and (2) develop a program in conjunction with the Export-Import Bank and regional and local Administration offices to enable Small Business Export Assistance Centers to serve as an information network.
Provides that in States where no application for a Small Business Export Assistance Center is funded by the Administration the Administration shall establish mechanisms through its regional and local offices for carrying out such activities.
Requires the Administration to develop an information sharing system which will: (1) allow participating Small Business Export Assistance Centers to exchange information about such programs; and (2) provide information central to technology transfer.
Prohibits the making of a loan if the total amount outstanding and committed to the borrower from the business loan and investment fund would exceed $750,000 (currently, $500,000).
Authorizes the Administration to finance single projects or applicants to the maximum extent permitted.
Requires the Administrator to report to the House and Senate small business committees on the advisability of amending the Small Business Innovation Research program to: (1) increase each agency's share of research and development expenditures devoted to it by 0.25 percent per year until a goal of three percent is achieved; (2) make the Small Business Innovation Research Program permanent with a formal congressional review every ten years, beginning in 1993; (3) allocate a share of each agency's Small Business Innovation Research fund for administrative purposes for effective management, quality maintenance, and the elimination of program delays; (4) determine annually that each agency complies with the law that Small Business Innovation Research program funding is not being accompanied by parallel reductions in other small business programs; and (5) include within the Small Business Innovation and Research program all agencies expending between $20,000,000 and $100,000,000 in extramural research and development funds annually.
Requires the Administration to conduct a National Conference on Small Business Exports within one year following enactment of this Act. Provides that the Conference will bring together experts in international trade and small business development and representatives of small businesses, trade associations, the labor community, academic institutions, and Federal, State, and local governments.
Expresses the sense of the Congress that both the National Conference on Small Business Exports and the Small Business Administration consider and make recommendations concerning the desirability of an international conference on small business and international trade.
Expresses the sense of the Congress that the interests of the small business community have not been adequately represented in trade policy formulation and in trade negotiations, that the Administrator should be appointed as a member of the Trade Policy Committee, and that the United States Trade Representative should consult with the Small Business Administration and its Office of Advocacy.
Expresses the sense of the Congress that the United States Trade Representative should appoint a special trade assistant for small business.
Title XL: National Institute of Technology - Redesignates the National Bureau of Standards as the National Institute of Technology. Establishes the National Institute of Technology within the Department of Commerce. Declares that the National Institute of Technology shall serve as the lead national laboratory for the development and provision of the measurement and technological services essential for scientific, engineering, and technological progress, U.S. industrial competitiveness, improved product reliability and manufacturing processes, and public safety.
Repeals specified provisions of Federal law relating to the National Bureau of Standards.
Requires the Director of the National Institute of Technology to keep the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science, Space, and Technology informed of the activities of the National Institute of Technology. Authorizes the Director to contract with the National Academy of Engineering and the National Academy of Sciences for advice and studies to assist the National Institute of Technology to serve U.S. industry and science.
Title XLI: Technology Extension Activities - Establishes within the National Institute of Technology an Office of Extension Services to assist State and local governments by: (1) acting as a point of contact within the Institute for State and local governments and for private sector business; (2) working with the Federal Laboratory Consortium for Technology Transfer, the National Technical Information Service, the Office of Productivity, Technology, and Innovation, the Small Business Administration, and other Federal agencies to ensure that State and local governments and United States businesses have information about Federal research and development programs; (3) administer the Centers program established under this Act; and (4) administer the pilot State Technology Extension Program established under this Act.
Requires the Secretary of Commerce to provide assistance for the creation and support of regional Centers for the Transfer of Manufacturing Technology that will be affiliated with any nonprofit institution or organization that applies for and is awarded a grant.
Provides for the Centers to enhance productivity and technological performance in United States manufacturing through: (1) the transfer of new basic manufacturing technology and techniques developed at the Institute; (2) the participation of individuals from industry, universities, State governments, other Federal agencies and the Institute; (3) efforts to make new manufacturing technology usable by small and medium-sized companies; (4) the dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms; (5) utilizing the expertise of Federal laboratories other than the Institute; and (6) developing continuing financial support from various sources.
Provides that the Center's activities will include: (1) establishing experimental automated manufacturing systems, based on the Institute's research ; (2) disseminating Center expertise to a wide range of companies; and (3) making loans of items of advanced manufacturing requipment to small manufacturing firms with less than 100 employees.
Authorizes the Secretary to provide financial support to any Center for a period not to exceed six years. Prohibits the Secretary from providing to a Center more than 50 percent of the capital and annual operating and maintenance funds required to maintain it.
Requires that applicants for financial assistance provide assurances that they will contribute at least 50 percent of the Center's capital and annual operating and maintenance costs. Requires applicants to submit as part of their proposals a plan for the allocation of the legal rights associated with any invention which may result from the Center's technology transfer and research.
Requires the Secretary to subject each application to merit review, peer review or other similar process and to consider: (1) the merits of the application; (2) geographical diversity; and (3) the percentage of funding from other sources.
Requires that each Center receiving a grant shall be evaluated during its third year of operation by a panel appointed by the Secretary. Prohibits the Secretary from providing funding for the fourth through the sixth years of such Center's operation unless the evaluation is positive. Prohibits the Department of Commerce from funding a Center after the sixth year of operation.
Authorizes appropriations for FY 1988 through 1990.
Requires the Secretary to establish a three-year Pilot State Technology Extension Program designed to provide financial assistance to State-operated activities which demonstrate innovative methods for the Federal Government and States to improve the technology of American business.
Authorizes the Secretary to provide financial assistance to States which propose innovative new State activities to transfer federally funded research, technology, and expertise to business in those States. Provides that the Secretary shall select and approve not more than 15 States and that grants may be for periods of one to three years.
Requires that for each grant: (1) the proceeds must be used to increase the number of businesses serve by the State's technology assistance effort and no part may be used for administrative expenses; and (2) the State receiving such a grant must provide assurances that it will pay at least 25 percent of the cost of the pilot technology extension effort while the State receives the grant.
Requires each State receiving a grant to summit an annual report to the Secretary and the Secretary to summit a report to the Congress at the end of FY 1990. Authorizes appropriations for FY 1988 through 1990.
Establishes within the Office of the Secretary a Clearinghouse on State and Local Initiatives on Productivity, Technology, and Innovation to serve as a central repository of information on initiatives by State and local governments to enhance the competitiveness of American business.
Requires the Secretary to: (1) establish relationships with State and local governments; (2) collection information on the nature, extent, and effects of State and local initiatives; (3) disseminate information on State and local initiatives through reports, directories, handbooks, conferences, and seminars; (4) study ways in which Federal agencies can use existing programs to assist State and local governments; (5) make recommendations to the Secretary concerning modifications in Federal policies to improve assistance to State and local governments; (6) assist State and local governments in evaluating which types of programs are most effective in enhancing the competitiveness of American business; and (7) ensuring that the Clearinghouse coordinates its activities with the Office of Extension Services at the National Institute of Technology and the Office of Productivity, Technology and Innovation.
Authorizes the Secretary to enter into contracts for the purpose of assisting State and local governments to evaluate initiatives.
Requires the Secretary to transmit to the Congress an annual report on initiatives by State and local governments to enhance the competitiveness of American businesses.
Title XLII: Advanced Technology Program - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish an Advanced Technology Program to assist United States industry to create the generic technology to: (1) commercialize economically significant new scientific discoveries rapidly; and (2) refine advanced manufacturing technologies.
Requires the Secretary of Commerce to: (1) enter into contracts with United States businesses with less than 500 employees when such contracts will significantly promote the commercialization of a new scientific discovery or technology; and (2) encourage United States companies to form joint research ventures to create the generic technology for rapid commercialization.
Sets forth limitations on such contract.
Authorizes the Secretary and the Director to create such advisory mechanisms as they consider appropriate to provide merit review, peer review, or similar review. Requires the Secretary to ensure that no individual assigned to review a particular application has a conflict of interest.
Title XLIII: Reports on Semiconductors, Superconductors, and Advanced Manufacturing Technology - Requires the President, at the time of the submission of his FY 1989 budget request to the Congress, to also submit a report on his policies and budget proposals regarding: (1) Federal research in semiconductors and semiconductor manufacturing technology; (2) Federal research and acquisition policies for fiber optics and optical-electronic technologies; and (3) Federal research to assist U.S. industry to develop advanced manufacturing technologies for the production of durable and nondurable goods.
Directs the Secretary of Commerce to enter into contracts with the National Academies of Engineering and Sciences for a review of major policy issues regarding U.S. semiconductor technology.
Sets forth the functions of the review panel, including to: (1) collect information regarding U.S. semiconductor technology and optical-electronics; (2) monitor the U.S. competitiveness in such technologies; and (3) identify new semiconductor technologies that will affect national defense and U.S. competitiveness.
Directs the Secretary of Commerce to enter into contracts with the National Academies of Engineering and Sciences to review major policy issues regarding U.S. commercial and national defense applications of superconductors. Requires such review panel to submit a report to the President and the Congress regarding methods to enhance the development of improved superconductors and commercial and national defense applications of superconductors.
Title XLIV: Authorization of Appropriations for Technology Activities - Authorizes appropriations for FY 1988 to the Secretary of Commerce to carry out the following activities performed by the National Institute of Technology: (1) measurement research and technology; (2) engineering measurements and manufacturing; (3) materials science and engineering; (4) computer science and technology; (5) research support activities; and (6) research facilities. Authorizes the transfer of funds among such activities, not to exceed ten percent of the amount appropriated for such activity.
Authorizes appropriations for FY 1988 for the Cold Neutron Source Facility.
Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize appropriations for FY 1988 for the Office of Productivity, Technology, and Innovation.
Earmarks funds out of such appropriation for: (1) the Japanese technical literature program; and (2) patent licensing activities of the National Technical Information Service.
Authorizes appropriations for FY 1988 through 1990 for the establishment of Cooperative Research Centers.
Authorizes appropriations for FY 1988 for grants and cooperative agreements for technology and industrial innovation.
Title XLV: Miscellaneous Technology and Commerce Provisions - Establishes the Office of Barter and Countertrade within the Department of Commerce. Sets forth the functions of the Office, including to: (1) monitor information relating to international barter and countertrade; (2) disseminate such information in a manner useful to businesses, educational institutions; and (3) provide assistance to enterprises seeking barter and countertrade opportunities.
Amends the International Air Transportation Fair Competitive Practices Act of 1974 to change from 180 days to 90 days the period within which the Civil Aeronautics Board must make a determination with respect to a complaint that a foreign government is engaging in discriminatory and unfair competitive practices against a U.S. carrier.
Requires the Secretary of Transportation to report to specified congressional committees with respect to actions taken in relation to such complaint.
Prohibits the National Institute of Technology from charging fees to research associates.
Directs the Director of the National Institute of Technology to prepare a plan detailing the manner in which the Institute will make small businesses more aware of the Institute's activities and research, and the manner in which the Institute will seek to increase the application by small businesses of such research, particularly in manufacturing.
Establishes the Commerce, Science, and Technology Fellowship Program within the Department of Commerce. Declares that the Program shall provide a select group of Federal employees on how the legislative branch and other parts of the executive branch function.