H.R.5110 - Uruguay Round Agreements Act103rd Congress (1993-1994)
|Sponsor:||Rep. Gephardt, Richard A. [D-MO-3] (Introduced 09/27/1994)(by request)|
|Committees:||House - Ways and Means; Agriculture; Education and Labor; Energy and Commerce; Foreign Affairs; Government Operations; Judiciary; Rules|
|Committee Reports:||H.Rept 103-826 Part 1; H.Rept 103-826 Part 2|
|Latest Action:||12/08/1994 Became Public Law No: 103-465. (All Actions)|
|Major Recorded Votes:||12/01/1994 : Passed Senate; 11/29/1994 : Passed House|
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Summary: H.R.5110 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Introduced in House (09/27/1994)
TABLE OF CONTENTS:
Title I: Approval of, and General Provisions Relating to, the Uruguay
Subtitle A: Approval of Agreements and Related Provisions
Subtitle B: Tariff Modifications
Subtitle C: Uruguay Round Implementation and Dispute Settlement
Subtitle D: Related Provisions
Title II: Antidumping and Countervailing Duty Provisions
Subtitle A: General Provisions
Subtitle B: Subsidies Provisions
Subtitle C: Effective Date
Title III: Additional Implementation of Agreements
Subtitle A: Safeguards
Subtitle B: Foreign Trade Barriers and Unfair Trade Practices
Subtitle C: Unfair Practices in Import Trade
Subtitle D: Textiles
Subtitle E: Government Procurement
Subtitle F: Technical Barriers to Trade
Title IV: Agriculture-Related Provisions
Subtitle A: Agriculture
Subtitle B: Sanitary and Phytosanitary Measures
Subtitle C: Standards
Subtitle D: General Effective Date
Title V: Intellectual Property
Subtitle A: Copyright Provisions
Subtitle B: Trademark Provisions
Subtitle C: Patent Provisions
Title VI: Related Provisions
Subtitle A: Expiring Provisions
Subtitle B: Certain Customs Provisions
Subtitle C: Conforming Amendments
Title VII: Revenue Provisions
Subtitle A: Withholding Tax Provisions
Subtitle B: Provisions Relating to Estimated Taxes and Payments
and Deposits of Taxes
Subtitle C: Earned Income Tax Credit
Subtitle D: Provisions Relating to Retirement Benefits
Subtitle E: Other Provisions
Subtitle F: Pension Plan Funding and Premiums
Title VIII: Pioneer Preferences
Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994.
(Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies.
Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT).
(Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force.
Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country.
(Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993.
(Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol.
(Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President.
Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process.
(Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations.
Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization.
(Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country.
(Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries.
(Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis.
Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks.
Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement).
(Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes.
(Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption.
Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations.
(Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible.
Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations.
(Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise).
(Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise.
(Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments.
(Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal.
(Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations.
(Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above.
(Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries.
Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit.
Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties.
(Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise.
(Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries".
Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked.
Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures.
Subtitle C: Effective Date - Sets forth effective dates.
Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions.
Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services.
(Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries.
(Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection.
Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report.
Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights.
Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases.
Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing.
(Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws.
Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products.
(Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products.
Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures.
(Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations.
(Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries.
Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas.
Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member.
(Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs.
Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese.
(Sec. 403) Repeals the Meat Import Act of 1979.
(Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products.
(Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods.
Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001.
(Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001.
Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade.
Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture.
Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco.
(Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment.
Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota.
(Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco.
(Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA).
(Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system.
(Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities.
Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures.
(Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States.
Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests.
Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen.
Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds.
Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States.
Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station.
Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements.
(Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure.
Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements.
Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States.
Subtitle D: General Effective Date - Sets forth the effective date of this title.
Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs.
(Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent.
(Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain.
(Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works.
Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States.
Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work.
Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person.
Sets forth remedies for infringement of copyrights in restored works.
Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation.
Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment.
(Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods.
Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country.
(Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court.
Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers.
Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States.
Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent.
(Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement.
Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences.
(Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries.
(Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89.
Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees.
(Sec. 612) Increases the customs user fees for certain imported merchandise.
Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments.
Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity.
(Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation.
Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments.
(Sec. 712) Specifies time requirements for the deposit of certain excise taxes.
(Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments.
Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit.
(Sec. 722) Makes certain nonresident aliens ineligible for such tax credit.
(Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit.
Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts.
(Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income.
Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities.
(Sec. 742) Requires taxpayer identification numbers at birth.
(Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees.
(Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters.
Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions.
(Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding.
(Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy.
(Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions.
(Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events.
(Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC).
(Sec. 773) Revises provisions for enforcement of minimum funding requirements.
(Sec. 774) Phases out the variable rate premium cap.
(Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded.
(Sec. 776) Adds provisions relating to missing participants.
(Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits.
(Sec. 781) Sets forth effective dates for this Act.
Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title.
(Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years.
Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994.
Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses.
Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998.
Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.