H.R.4830 - Trade Expansion and Competitiveness Act of 198699th Congress (1985-1986)
|Sponsor:||Rep. Michel, Robert H. [R-IL-18] (Introduced 05/15/1986)|
|Committees:||House - Agriculture; Banking, Finance, and Urban Affrs; Foreign Affairs; Energy and Commerce; Judiciary; Ways and Means|
|Latest Action:||05/19/1986 Referred to Subcommittee on Trade. (All Actions)|
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Summary: H.R.4830 — 99th Congress (1985-1986)All Bill Information (Except Text)
Introduced in House (05/15/1986)
Trade Expansion and Competitiveness Act of 1986 - Title I: Banking Committee Provisions - Expresses the sense of the Congress that: (1) the Reagan administration has substantially reduced the value of the dollar and is successfully coordinating its economic policies with our major trading partners; (2) the Reagan administration should continue its progress in promoting long-term exchange rate stability and sustaining noninflationary economic growth; and (3) any congressional action on the exchange rate at this time is unneeded and potentially harmful.
Expresses the sense of the Congress that: (1) the Reagan administration should continue to have the maximum amount of discretion in implementing its cooperative debt strategy; and (2) the objectives of such a strategy should continue to emphasize the need for adjustment policies and sound economic planning in developing countries.
Amends the Export-Import Bank Act of 1945 to require the Secretary of the Treasury to establish a Competitive Tied Aid Fund in the Treasury. Requires the Fund to be used to supplement the financing of U.S. exports to foreign markets which are actual or potential export markets for any country which: (1) engages in predacious official export financing through the use of tied or partially untied aid credits; and (2) impedes negotiations to eliminate the use of such credits for commercial purposes. Declares that the Secretary of the Treasury: (1) should avoid using the Fund to finance only one or two export projects; (2) should seek to use the Fund to finance only U.S. exports that would be reasonably competitive in the absence of the predatory export financing practices of the other country; and (3) shall ensure that the Fund is used only to assist certain U.S. entities or entities wholly owned by U.S. citizens.
Directs the Secretary of the Treasury to consult with the National Advisory Council on International Monetary and Financial Policies in: (1) determining the foreign countries which offer predacious tied or partially untied aid credits and which impede negotiations to restrict their use to legitimate foreign aid; and (2) reviewing proposed uses of the Fund.
Directs the Secretary of the Treasury to establish policy and procedure guidelines for the Fund. Directs the Secretary of the Treasury to report on a quarterly basis to the Congress on the activities carried out under this Act. Authorizes appropriations.
Requires the Export-Import Bank, until the funds authorized by this Act become available for expenditure, to make aggressive use of tied aid credits. Requires the Bank to be reimbursed for the cost of any such credits.
Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date.
Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities.
Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank.
Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the International Bank for Reconstruction and Development and the regional development banks to initiate consultations with the presidents of the respective banks on the development of financial assistance policies which: (1) reduce obstacles to and restrictions on international trade and investment in goods and services; (2) eliminate unfair trade and investment practices; and (3) promote mutually advantageous economic relations. Provides for coordinating this effort with the Trade Policy Committee and the Secretariat of the contracting parties to the General Agreement on Tariffs and Trade (GATT).
Requires the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development to work to have the Bank obtain, before making a loan to any country, the agreement of such country to eliminate unfair trade and investment practices which have a significant deleterious effect on the international trading system.
Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to ensure that project loans by such banks for commodities, materials, or products do not contribute to a world surplus in which: (1) market prices are low or falling; and (2) the commodities, materials, or products could cause material injury to competing U.S. producers.
Title II: Trade Law and Related Provisions - Subtitle A: Enforcement of United States Trade Agreement Rights and Response to Foreign Trade Practices - Amends the Trade Act of 1974 to require the President to take all appropriate action to eliminate an act, policy, or practice of a foreign country if the President determines that such act, policy, or practice: (1) is unreasonable or discriminatory and burdens or restricts U.S. commerce; or (2) constitutes export targeting.
Requires the President to take all appropriate action to eliminate an act, policy, or practice of a foreign country if the President or the U.S. Trade Representative (USTR) determines that: (1) U.S. rights under a trade agreement are being denied; or (2) such act, policy, or practice denies benefits to the United States under a trade agreement or is unjustifiable and burdens or restricts U.S. commerce.
Declares that the President is not required to take action if: (1) the contracting parties to the GATT or a panel of experts have determined that U.S. trade rights are not being denied or that the foreign trade act, policy, or practice is not impairing U.S. trade rights; or (2) the President determines such action is not in the national economic interest or makes certain findings about actions the foreign country is taking to eliminate, or compensate for, the complained of act, policy, or practice.
Requires the USTR to order certain actions to be implemented if: (1) the President agrees with the USTR regarding such actions; or (2) the President differs with the USTR regarding such actions but a joint resolution overriding such difference is enacted.
Requires the President to respond within 20 days of receiving a recommendation from the USTR on actions to take against such unfair foreign trade practices. Requires the President to decide in such 20 days if: (1) the President concurs in the USTR's determination; or (2) it is in the national economic interest to take a different action. Requires the President's decision to take effect within 90 days unless a joint resolution overriding such decision is enacted. Provides for expedited consideration of such resolution.
Includes unfair natural resource input pricing within the definition of unreasonable trade practices. Defines "export targeting" and "unfair natural resource input pricing."
Requires the USTR to make a recommendation to the President on action to be taken: (1) within nine months (or for such longer period requested by the petitioner) in a case involving alleged export subsidies; (2) within nine months (or for such longer period requested by the petitioner) in a case involving any matter covered by the GATT Subsidies Agreement other than export subsidies; (3) within nine months of the date of petition in a case involving a trade agreement; and (4) in any case not described above, within five months of the start of the investigation in any case regarding international agreements or unjustifiable acts by foreign countries, or nine months in other cases.
Requires the USTR to: (1) determine the nature and extent of the action that should be taken in response to an unreasonable foreign trade act or export targeting; and (2) notify the President of the USTR's intention to implement that action. Requires the USTR, in other cases, to recommend to the President responses that should be made or recommend that no action be taken.
Requires the USTR to report to the Congress on the estimated impact of recommended responses to foreign trade practices on U.S. consumers and small businesses and on U.S. agricultural exports.
Requires the USTR, before making any such recommendations or decisions, to determine whether the foreign country under investigation provides reciprocity in overall trade to U.S. exports and to assess the degree to which lack of reciprocity contributes to any burden or restriction on U.S. commerce. Requires the USTR to include action against the foreign country's exports to the United States in the USTR's recommendation if lack of reciprocity is an important contributing factor or part of a pattern in such country's trade practices.
Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity.
Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights.
Requires the USTR, in response to a petition requesting action regarding Canadian lumber exports, to investigate allegations contained in the petition and to report to the Congress on such investigation within 60 days of starting the investigation.
Chapter 2: International Trade in Telecommunications Products and Services - Telecommunications Trade Act of 1986 - Sets forth the findings and purposes of this Act.
Declares that the primary U.S. negotiating objectives regarding telecommunications products and services are to provide for: (1) the nondiscriminatory procurement of such products and services by foreign-government-controlled entities that provide local exchange telecommunications services; (2) assurances that registration requirements for customer premises products be limited to a manufacturer's certification that the products meet certain safety standards; (3) openness in the standards-setting processes used in foreign countries; (4) the ability to have customer premises products approved and registered by type and mutual recognition of type approvals; (5) access to the basic telecommunications network in foreign countries on reasonable and nondiscriminatory terms for the provision of value-added services by U.S. suppliers; and (6) monitoring and effective dispute settlement provisions regarding the above issues. Sets forth seven secondary U.S. negotiating objectives.
Requires the U.S. Trade Representative (USTR), in consultation with the Secretary of Commerce and a specified interagency trade organization, to undertake an investigation with respect to each foreign country in order to: (1) identify and analyze those trade policies and practices that deny fully competitive market opportunities to U.S. telecommunications firms; and (2) establish specific primary and secondary negotiating objectives. Authorizes the USTR to exclude any foreign country from such investigations if the potential market in that country for U.S. telecommunications products and services is not substantial. Requires such investigations to be completed within 180 days of enactment of this Act.
Authorizes the USTR to undertake other investigations of foreign countries after the above investigations are completed if the USTR: (1) considers that there is reason to believe that a foreign country is denying fully competitive market opportunities to U.S. telecommunications firms; or (2) accepts a petition filed by an interested party alleging that such conditions exist. Requires such investigations to be completed within 180 days.
Requires the USTR to: (1) review at least annually the potential market for U.S. products and services in countries that were excluded from such investigations; and (2) undertake such an investigation if the USTR considers such market to be substantial.
Requires the USTR to report to specified congressional committees on the results of any such investigation.
Requires the President to enter into negotiations with the foreign country or countries subject to such investigations in order to enter into trade agreements which achieve the specific primary and secondary negotiating objectives established by this Act.
Provides that if the President is unable, during the negotiating period (18 months after enactment of this Act for countries that have a substantial market for U.S. telecommunications firms and 12 months for certain other countries), to enter into a trade agreement which achieves the primary and secondary negotiating objectives, the President: (1) shall take whatever actions are authorized to achieve the primary objectives not covered by agreement; and (2) may take whatever actions are authorized to achieve the secondary objectives not covered by agreement. Provides for extending the negotiating period under certain circumstances. Requires the President to take those actions which most directly affect telecommunications trade with such country.
Authorizes the President to take any of the following actions: (1) terminate, withdraw, or suspend any portion of any trade agreement entered into under the Trade Act of 1974, section 201 of the Trade Expansion Act of 1962, or section 350 of the Tariff Act of 1930; (2) take any action described in section 301 of the Trade Act of 1974; (3) prohibit the Federal Government from purchasing specified telecommunications products; (4) increase certain domestic preferences for Federal purchases of such products; (5) suspend any waiver of such domestic preferences for such products; (6) order the denial of Federal funds or credits for purchases of specified telecommunications products of any specified foreign country; or (7) suspend benefits accorded articles from specified countries under the Generalized System of Preferences under the Trade Act of 1974.
Authorizes the President to modify or terminate any such action if and only if a foreign country enters into a trade agreement that achieves the specific negotiating objective regarding which such action was taken. Requires the President to inform specified congressional committees of any such action, modification, or termination.
Requires the USTR to review annually each trade agreement to determine whether any foreign country's act, policy, or practice: (1) does not comply with the agreement; or (2) otherwise denies fully competitive market opportunities in that country to U.S. telecommunications firms. Defines trade agreement.
Requires the USTR, if the foreign country is not in compliance with a trade agreement or denies market opportunities to U.S. firms, to take certain actions to: (1) offset such foreign act, policy, or practice; and (2) restore the balance of concessions in telecommunications trade. Sets forth the actions the USTR may take under such circumstances. Authorizes the USTR to modify or terminate any such action if and only if the foreign country has taken appropriate remedial action. Requires the USTR to inform specified congressional committees of any such action, modification, or termination.
Requires the President and the USTR to consult with the Secretary of Commerce, a specified interagency trade organization, and the private sector on what types of action to take if the President has been unable to enter into a trade agreement with a foreign country on telecommunications issues or if a foreign country is not complying with a trade agreement or otherwise denies market opportunities to U.S. telecommunications firms.
Requires the President to keep the appropriate congressional committees and other advisory committees informed with respect to: (1) the negotiating priorities and objectives for each country; (2) the assessment of negotiating prospects; and (3) any U.S. concessions.
Authorizes the President, during the 42 months following enactment of this Act, to enter into trade agreements to achieve the primary and secondary negotiating objectives established under this Act. Authorizes the trade agreements to provide for: (1) the harmonization, reduction, or elimination of duties or trade restrictions, barriers, or other distortions; or (2) the prohibition of, or limitations on, the imposition of duties or trade restrictions, barriers, or other distortions. Provides for the implementation of any such trade agreement through legislation or, if the agreement provides solely for unilateral concessions by a foreign country to the United States, by presidential proclamation. Provides that the benefits of any such agreement may apply solely to the parties to the agreement or not apply uniformly to all parties to such agreement.
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 takes action in response to investigations by the USTR; or (2) the USTR takes action because a foreign country is not complying with a trade agreement or otherwise denies market opportunities to U.S. firms; and (3) such action is inconsistent with U.S. international obligations. Provides for implementation of such trade agreements.
Subtitle B: Relief from Injury Caused by Import Competition, Subsidies, Dumping, and Unfair Trade Practices - Chapter 1: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Authorizes the USTR to request information and advice on the probable effectiveness of antitrust relief as a form of import relief to enhance the competitiveness of U.S. firms. Requires the USTR to submit to the Congress a report on the estimated impact of a proposed import relief action on U.S. consumers and small businesses and on U.S. agricultural exports. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 20 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission (ITC) if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted.
Requires the ITC to review and report on developments in an industry that thus received import relief for as long as the import relief remains in effect.
Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry.
Authorizes an import relief petitioner who alleged injury from imports of a perishable product to file a request with the Secretary of Agriculture that emergency action be taken with respect to that product.
Requires the Secretary of Agriculture to decide, within 20 days: (1) whether there is reason to believe that the perishable product is being imported in such increased quantities as to be a substantial cause of, or threat of, serious injury to the competing domestic industry; and (2) if there is such reason to believe, whether emergency action is warranted.
Provides for refiling after a specified time a request for emergency action if the Secretary denies the first request.
Requires the Secretary of Agriculture, if the Secretary decides to grant such request, to: (1) determine the method and extent of emergency action to be imposed; (2) notify the USTR of such request; and (3) unless the USTR decides within seven days that such action is not in the national economic interest, order the Commissioner of Customs to take such action.
Defines "emergency action" as: (1) an increase in, or the imposition of, a duty; and/or (2) a modification of, or the imposition of, a quota on imports of such article.
Imposes different emergency actions for perishable products from Israel or certain Caribbean countries.
Provides for termination of an emergency action if: (1) changed circumstances warrant such termination; (2) the ITC reports that it did not find serious injury or the threat of serious injury to the industry; (3) the denial of import relief becomes final; or (4) other import relief provisions become effective.
Authorizes members of an industry which has received import relief to apply for a certificate of exemption for a proposed merger or acquisition. Sets forth information to be contained in the application. Requires the Attorney General to issue the certificate of exemption if the proposed merger or acquisition is limited to members of the industry which has been granted import relief. Provides for reconsideration of applications that the Attorney General denies.
Prohibits any import relief investigation from being made with respect to an article that has previously received import relief unless two years have passed since such import relief ended.
Changes references in the market disruption provisions of the Trade Act of 1974 from "communist countries" to "non-market economy countries" (defined as countries dominated or controlled by communism).
Declares that market disruption exists within a domestic industry whenever an article is being imported in such increased quantities as to be an important cause of, or threat of, material injury to the competing domestic industry. Sets forth factors the ITC shall consider in determining whether market disruption exists. Authorizes the ITC to recommend, in addition to other relief, a variable tariff based on a comparison of average domestic producer prices and average import prices.
Authorizes the USTR to deny import relief with respect to imports from non-market economy countries only if the provision of such relief would have a serious negative impact on the domestic economy.
Chapter 2: Amendments to the Countervailing and Antidumping Duty Laws - Amends the Tariff Act of 1930 to provide that certain producers of raw agricultural products may be considered part of the industry producing processed agricultural products for purposes of bringing countervailing 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.
Requires the ITC, in determining whether material injury occurred in an antidumping or countervailing duty case, to assess cumulatively the volume and effect of imports from two or more countries of like products if such imports compete with each other and with like products of the domestic industry in the U.S. market and if such imports: (1) are subject to any countervailing or antidumping duty; or (2) during the preceding 12 months were subjected to a final order, suspension agreement, or quantitative restraint resulting from such an investigation.
Adds to the factors that the ITC must consider in determining whether threat of material injury exists: (1) evidence of export targeting by a foreign government; (2) the extent to which the United States is a focal point for exports because of market barriers in third countries; and (3) 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.
Imposes special rules for determinations of the existence or threat of material injury involving fungible products.
Requires the administering authority to adjust the foreign market value of an import if the administering authority determines in an antidumping investigation that: (1) a dumped input product is incorporated into or used in the manufacture or production of the import subject to the investigation; (2) such dumped input product comprises not less than 35 percent of the exporter's sale price; and (3) the manufacturer or producer of such import purchased the dumped input product for a price that is less than the adjusted foreign market value of that product.
Defines "dumped input product" to be merchandise subject to an antidumping duty order or to a specified international agreement.
Provides for a presumption that a manufacturer or exporter engages in persistent dumping if the manufacturer or exporter was made subject to an antidumping duty order with respect to the same merchandise two or more times over a five-year period. Permits certain interested U.S. manufacturers, unions, or trade associations to request the ITC to monitor imports of an article that is manufactured by such a manufacturer or exporter.
Provides that merchandise imported by or for the use of Federal agencies is not exempt from the imposition of countervailing or antidumping duties.
Changes the limits imposed on access to confidential information obtained by the administering authority. Requires the administering authority to make all such information available under protective order. Imposes a 14-day deadline for determining whether to release such information. Prohibits the administering authority from considering confidential information in its investigation if the person submitting such information refuses to disclose it pursuant to a protective order. Imposes certain other requirements on service of such information, notification of the submission of such information, and timely submissions.
Prohibits antidumping and countervailing duties from being treated as regular customs duties for drawback purposes.
Requires persons making submissions to the administering authority or the ITC in antidumping or countervailing duty proceedings to certify that such submissions are accurate and complete to the best of that person's knowledge.
Chapter 3: Intellectual Property Rights - Makes unlawful the unauthorized importation or unauthorized sale within the United States after importation of articles that: (1) infringe a valid and enforceable U.S. patent or copyright; or (2) are made under, or by means of, a patented process. Makes it unlawful to import or sell within the United States after importation articles that infringe a valid and enforceable U.S. trademark, if the manufacture or production of such article was unauthorized. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Declares that such prohibitions shall apply only if there is an existing or nascent U.S. industry relating to the articles or intellectual property.
Requires the ITC to conclude its investigations of unfair import practices within eight months (ten months in more complicated cases).
Authorizes the ITC to terminate an investigation before determining whether there is a violation by issuing a consent order or on the basis of a settlement agreement.
Requires the ITC to make a determination with regard to a petition alleging unfair import practices within 90 days (150 days in more complicated cases) of the publication of notice of the investigation. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property to the same extent as authorized under the Federal Rules of Civil Procedure.
Authorizes the ITC to issue cease and desist orders in addition to exclusion orders. Increases the penalty for violations of such orders. Provides for default judgments against nonrespondents in unfair import practice cases unless the ITC determines that specified circumstances preclude such judgments. Authorizes the ITC to promulgate rules that establish sanctions for abuse of discovery and abuse of process.
Imposes the burden of proof on the petitioner in cases where the petitioner has previously been found in violation of the provision prohibiting unfair import practices and the petitioner is asking the ITC: (1) to find that the petitioner is no longer violating the section; or (2) for a modification or rescission of the penalty imposed on such petitioner. Sets forth the grounds for granting such relief.
Prohibits disclosure (except to certain ITC and Customs Service employees) of confidential information submitted to the ITC during the course of an investigation without the consent of the petitioner.
Requires the principal negotiating objectives with respect to intellectual property rights to be: (1) to seek enactment and effective enforcement by foreign countries of laws that protect intellectual property; and (2) to develop and strengthen international rules and dispute settlement procedures against trade-distorting practices arising from inadequate national protection and enforcement of intellectual property rights.
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 patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery.
Federal Laboratory Technology Utilization Act of 1986 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions.
Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from the distribution of royalties.
Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biennially to the President and the Congress on Federal agency participation in this program.
Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title.
Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt.
Subtitle C: Trade Negotiating Objectives and Authority - Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT;(4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade.
Sets forth principal U.S. trade negotiating objectives. Declares that the principal trade negotiating objectives are to be achieved through multilateral trade agreements (unless other agreements would be more effective) that provide for: (1) the reduction or elimination of trade barriers; and (2) the development, clarification, or extension of principles governing international trade.
Authorizes the President through January 3, 1996, to enter into trade agreements and to proclaim modifications or continuation of existing duties or duty-free treatment as of January 1, 1987, or additional duties as required or appropriate.
Extends the authority of the President to enter into nontariff barrier agreements or bilateral tariff agreements until January 3, 1996.
Extends the President's authority to enter into tariff and nontariff barrier agreements for an additional 20 years if, by November 3, 1995, the USTR certifies to specified congressional committees that: (1) sufficient progress has been made under the trade agreement authority to justify the continuation of negotiations; and (2) such continuation is likely to achieve the overall and principal U.S. negotiating objectives.
Requires the Commissioner of Customs, in the implementation of certain bilateral trade agreements with a foreign country, to prevent the transshipment through such country of articles subject to quantitative import restrictions under U.S. law.
Requires certain additional information to be included in the consultations with congressional committees prior to entry into trade agreements.
Requires the President to recommend to the Congress in the implementing bill submitted with respect to a trade agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is appropriate and consistent with the terms of the agreement.
Authorizes the President, whenever certain import relief measures or tariff reclassifications take place, to: (1) enter into trade agreements to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim tariff modifications or continuances as necessary to carry out such agreement. Authorizes such compensatory actions only if necessary to meet U.S. international obligations.
Grants the President the authority, for five years, to enter into tariff agreements with Canada relating to, and to proclaim tariff modifications or eliminations on: (1) frozen cranberries; (2) dialysis cyclers; (3) packaging goods for tea; (4) dried fababeans; (5) cat litter; (6) mechanics tool boxes; (7) medical tubing; (8) synthetic fireplace materials; (9) spirits; (10) miners safety lamps, components, and battery chargers; and (11) computerized paper cutter control retrofit units. Requires the President to exercise such authority only to the extent that Canada grants equivalent tariff reductions.
Directs the USTR to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review.
Requires the principal U.S. negotiating objectives regarding high technology access to be to eliminate or reduce foreign barriers to, and foreign government practices which limit, equitable access by U.S. persons to foreign-developed technology. Requires the United States, in pursuing such objectives, to take into account U.S. policies in licensing or making available to foreign persons U.S. developed technology.
Subtitle D: Functions of the United States Trade Representative - Requires the USTR to: (1) have primary responsibility for U.S. international trade policy; (2) serve as principal advisor to the President on such policy and advise the President on the impact of other policies on international trade; (3) have lead responsibility for the conduct of, and be chief U.S. representative for, international trade negotiations; (4) issue trade policy guidance to other agencies; (5) act as principal spokesman for the President on international trade; and (6) be chairman of a specified interagency trade organization and consult with such committee in the performance of USTR functions. Sets forth the membership and functions of the interagency trade organization.
Establishes in the Office of the USTR a Fair Trade Advocates Branch which shall assist qualifying industries in obtaining benefits under the trade laws: (1) by preparing and initiating cases for qualifying industries under the trade laws; (2) acting as an advocate in the proceedings of such cases; and (3) in pursuing administrative and judicial appeals of such cases.
Requires the USTR to submit an annual statement to specified congressional committees of: (1) U.S. trade policy objectives and priorities; (2) the actions proposed or anticipated to be undertaken during the year to achieve such objectives; and (3) any proposed legislation to achieve such objectives.
Requires the USTR to seek advice from certain advisory committees and congressional committees before submitting such statement. Requires the USTR and other Federal officials to consult with such congressional committees with respect to actions which may require or result in changes in trade objectives or priorities.
Subtitle E: Miscellaneous Provisions - Amends the Trade Expansion Act of 1962 to set a 90-day deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security.
Requires the Secretary of Commerce to expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement.
Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program.
Prohibits the sequestration or reduction of obligations or outlays for expenses incurred in providing customs services for which reimbursement or refund is authorized or required.
Directs the Secretary of the Treasury to prohibit for three years any multiple customs law offender from: (1) introducing or trying to introduce foreign goods or services into U.S. commerce; and (2) engaging or trying to engage any other person to introduce, on such offender's behalf, foreign goods or services into U.S. commerce. Provides for identifying such multiple offenders. Sets the penalty for violations of such prohibition.
Requires the ITC to monitor, and report to the Congress on, imports that may pose significant problems from import competition for U.S. industries.
Amends the Tariff Act of 1930 to prohibit the ITC from releasing certain confidential information unless the party who submitted such information consents to its release.
Designates the ITC as an independent regulatory agency for purposes of the Paperwork Reduction Act of 1980 (allowing the ITC to override disapproval by the Office of Management and Budget of the issuance of a questionnaire to members of the public).
Expresses the sense of the Congress that: (1) Japan should allow U.S. semiconductor manufacturers full and substantial access to the Japanese semiconductor market; and (2) the President should take all appropriate action to achieve access to the Japanese semiconductor market for U.S. manufacturers and should determine if Japanese market restrictions warrant a U.S. response.
Title III: Tariff and Customs Provisions - Subtitle A: Miscellaneous Tariff and Customs Provisions - Chapter 1: Permanent Changes in Tariff Treatment - Repeals the prohibitions against imports of furskins from the Soviet Union.
Reduces the duty on salted and dried plums. Grants duty-free treatment to hatters' fur.
Creates a new tariff classification to cover imports of certain woven fabrics of man-made fibers.
Includes all forms of silicone in the term "synthetic plastics materials." Imposes a duty on silicone resins and materials.
Creates a new tariff classification to cover imports of motor fuel blending stocks. Imposes a duty on motor fuel blending stocks.
Provides that television picture tubes imported in combination with, or incorporated into other articles are to be classified as television picture tubes (subject to an increased duty) unless they are incorporated or put into kits for incorporation into complete television receivers or into certain other fully assembled units.
Imposes an 11 percent duty on all imports on or before October 31, 1987, of television picture tubes which would be included in such assembled units but for this Act. Grants duty-free treatment to all imports on or before December 31, 1990, of certain small color television picture tubes.
Provides a duty on bicycle-type speedometers and parts.
Excludes the dials of watches and clocks from the special marking requirements. Provides that certain information shall be legibly (currently "conspicuously") marked with specified information. Permits such marking to be done by mold-marking. Permits manufacturers to put certain information on watch bezels. Deletes the requirement of including information on watch adjustments.
Chapter 2: Temporary Changes in Tariff Treatment - Suspends through December 31, 1990, the tariff on: (1) color couplers and coupler intermediates; (2) p-sulfobenzoic acid, potassium salt; (3) 2, 2'-oxamido bis-ethyl 3-(3,5-di-tertbutyl- 4- hydroxy-phenyl) proportionate; (4) dicyclohexylbenzothiazylsulfenamide; (5) 2,4 dichlor-5-sulfamoyl benzoic acid; (6) derivatives of N-(4-(2-hydroxy-3-phenoxypropoxy) phenyl) acetamide; (7) 1,2-dimethyl-, 3,5 diphenyl-1-H-pyrazolium methyl sulfate; (8) dicofol; (9) methylene blue; (10) 3,5-dinitro-o-toluamide; (11) secondary butyl chloride; (12) nonbenzenoid vinyl acetate-vinyl chloride-ethylene terpolymers; (13) tungsten ore; (14) certain stuffed toy figures; (15) certain plastic sheeting used as radiation shielding material; (16) certain doll wig yarns; (17) wool carding and spinning machines; (18) generator lighting sets for bicycles, bicycle chains, and certain other bicycle parts; (19) 1-(3-sulfopropyl) pyridinium hydroxide; (20) d-6-Methoxy-a-methyl-2-naphthaleneacetic acid and its sodium salt; (21) certain pesticides (dinocap, mixture of dicofol and application adjuvants, and mixtures of mancozeb and dinocap); (22) cholestyramine resin USP; (23) 3-amino-3- methyl-l-butyne; (24) maneb, zineb, mancozeb, and metiram; (25) nicotine resins; and (26) hosiery knitting needles.
Extends the current suspension of duty until December 31, 1990, on: (1) mixtures of mashed or macerated hot red peppers and salt; (2) cantaloupes; (3) certain wools; (4) needlecraft display models; (5) triphenyl phosphate; (6) sulfapyridine; (7) synthetic rutile; (8) certain clock radios; (9) certain machines designed for heat-set, stretch texturing of continuous man-made fibers; (10) hosiery knitting machines; (11) double-headed latch needles; (12) certain stuffed dolls and toy figures; (13) umbrella frames; and (14) crude feathers and down.
Suspends the tariff on certain knitwear made in Guam until November 1, 1992.
Suspends the tariff on the personal effects and equipment of participants and officials involved in the Pan American Games until September 30, 1987.
Amends the Foreign Trade Zones Act to extend, through December 31, 1990, the exclusion of imported bicycle parts that are not subsequently re-exported from the exemption of the customs laws that is applicable to a foreign trade zone.
Chapter 3: Other Customs and Effective Date Provisions - Allows watches to be designated as eligible articles for purposes of the generalized system of tariff preferences.
Requires the containers of imported preserved mushrooms to indicate in English the country in which the mushrooms were grown in order to comply with labeling laws relating to imports.
Amends the Trade and Tariff Act of 1984 to require the Secretary of the Treasury to charge a user fee to individuals for the use of customs services at the Pontiac/Oakland, Michigan, airport.
Prohibits any ethyl alcohol or mixture of ethyl alcohol from being considered eligible for exemption from duty as the growth or product of an insular possession or of a beneficiary country under the Caribbean Basin Economic Recovery Act unless the ethyl alcohol or mixture is an indigenous product of that insular possession or beneficiary country. Extends such prohibition through December 31, 1992. Exempts certain imports of ethyl alcohol from such prohibition if it is imported during 1987 and 1988 and if it was produced in a certain type of facility that was in operation on January 1, 1986. Sets forth the criteria for establishing that ethyl alcohol or an ethyl alcohol mixture is an indigenous product of an insular possession or beneficiary country.
Amends the Tariff Act of 1930 to require the Secretary of the Treasury to establish standards for setting the terms and conditions for cancellation of bonds or charges.
Provides for the duty-free entry of certain articles for use by a named organization in the construction of an optical telescope in Hawaii.
Directs the Secretary of the Treasury to reliquidate, as duty-free, four specified entries covering tubular tin products, if a certificate of actual use for the products is submitted to the U.S. Customs Service at the port of entry within 120 days of enactment of this Act.
Subtitle B: Implementation of Nairobi Protocol - Chapter 1: Short Title, Purpose, and Reference - Educational, Scientific, and Cultural Materials Importation Act of 1986 - Declares that it is the purpose of this subtitle to: (1) provide for the implementation of the Nairobi Protocol to the Agreement on the Importation of Educational, Scientific, and Cultural Materials (the Florence Agreement); (2) modify the duty-free treatment accorded under the Educational, Scientific, and Cultural Materials Importation Act of 1982 (the 1982 Act), under the Educational, Scientific, and Cultural Materials Importation Act of 1966, and under another Act; and (3) continue the safeguard provisions concerning certain imported articles provided for in the 1982 Act.
Chapter 2: Amendments to Implement the Nairobi Protocol - Repeals the 1982 Act.
Amends the Tariff Schedules of the United States (TSUS) to provide duty-free treatment for: (1) catalogs of visual and auditory material of an educational, scientific, or cultural character; (2) architectural, engineering, industrial, or commercial drawings and plans; (3) loose illustrations, reproduction proofs, or reproduction films used for the production of books; (4) certain other articles in microfilm, microfiche, and similar film media; and (5) crossword puzzle books. Provides for duty-free treatment of certain other articles whether or not in the form of microfilm, microfiches, or similar film media.
Prohibits granting duty-free treatment to developed photographic film unless either: (1) a Federal agency determines that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, or Cultural Character; or (2) such article is imported by, or for the use of, an educational, scientific or cultural institution and is certified to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations or any of its specialized agencies. Provides duty-free treatment for articles determined to be visual or auditory materials in accordance with specified provisions.
Provides duty-free treatment for: (1) tools specially designed to maintain or repair certain scientific instruments or apparatus; and (2) articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.
Chapter 3: Authority to Modify Certain Duty-Free Treatment Accorded Under This Subtitle - Authorizes the President to proclaim changes in the TSUS to narrow the scope of, place conditions on, or otherwise eliminate the duty-free treatment accorded the tools for scientific instruments and the articles for the blind or other handicapped persons under this subtitle if such duty-free treatment has significant adverse impact on a domestic industry. Authorizes the President to resume duty-free treatment of such articles under certain circumstances.
Authorizes the President to proclaim changes to the TSUS to remove or modify any conditions and restrictions imposed by this subtitle on the importation of certain visual and auditory material in order to implement certain provisions of the Nairobi Protocol.
Amends the TSUS to change the headnote relating to the method of applying for permission to import certain scientific instruments and apparatus.
Directs the Secretary of the Treasury, in conjunction with the Secretary of Commerce, to obtain adequate statistical information on duty-free imports of articles for the blind and for other handicapped persons.
Title IV: Export Enhancement - Export Enhancement Act of 1986 - Subtitle A: Export Promotion - Directs the Secretary of Commerce to establish within the International Trade Administration the United States and Foreign Commercial Service (Commercial Service). Transfers to the Commercial Service the functions of the United States and Foreign Commercial Services.
Declares that the purpose of the Commercial Service is to promote and protect U.S. business interests abroad. Requires the Commercial Service to place primary emphasis on the promotion of U.S. exports, particularly from small and medium-sized businesses. Sets forth activities to be carried out by the Commercial Service.
Sets forth administrative provisions governing the Commercial Service.
Requires the Secretary of State and the Secretary of Commerce to review periodically the current number of personnel assigned to U.S. diplomatic missions abroad to determine whether an adequate number of such personnel are engaged in economic or commercial duties to assist U.S. exporters and businesses doing business abroad.
Requires each chief of a U.S. diplomatic mission to an important U.S. trading partner which has significant potential for U.S. export sales to report annually to the President and the Congress on: (1) the mission's strategy to expand U.S. exports; and (2) the mission's efforts to assist U.S. industries in expanding export sales and improving their market position.
Declares that the Secretary of Commerce should appoint an officer of the Commercial Service to serve with each U.S. Executive Director of each multilateral development bank. Requires each such officer to assist the U.S. Executive Director in: (1) promoting U.S. exports; (2) keeping U.S. businesses informed of bidding opportunities in countries receiving development bank loans; (3) providing assistance to U.S. businesses with respect to certain businesses and in completing bidding documents; and (4) investigating complaints from U.S. bidders about procurement contracts by such banks.
Declares that it is U.S. policy to: (1) provide agricultural commodities for export; (2) support the principle of free trade; (3) support the negotiating objectives set forth in the Comprehensive Trade Policy Reform Act of 1986; (4) counter unfair foreign trade practices and to use all available means to encourage fair and more open trade; and (5) provide for increased representation of U.S. agricultural trade interests in the formulation of fiscal and monetary policy affecting trade.
Amends the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) to include U.S. wood and wood products among the agricultural commodities that may be used in development projects funded by local currency generated by Public Law 480. Includes the construction of low-and medium-income housing within the definition of the terms "private sector development activity" and "private enterprise investment" as used in the private enterprise promotion provisions of such Act.
Authorizes the Secretary of Agriculture to expand the number of agricultural counselors and other Department of Agriculture representatives overseas. Requires the Secretary of Agriculture to assist State agriculture departments in supporting export efforts of private companies.
Amends the Agricultural Trade and Export Policy Commission Act to terminate the Agricultural Trade and Export Policy Commission within 90 days of transmission of its final report.
Authorizes appropriations to the Secretary of Agriculture to conduct research that would enhance the long-term competitiveness in world markets of U.S. agricultural exports. Requires the Secretary of Agriculture to: (1) monitor foreign research and trade practices carried out to promote agricultural exports; and (2) report annually to the Congress on trends in the competitive position of U.S. agricultural exports in the world market, foreign agricultural research developments, foreign agricultural exports subsidies,and the marketing in nonmarket economies of U.S. agricultural exports.
Expresses the sense of the Congress that the availability of Federal export financing contributes to the maintenance and expansion of U.S. exports and can serve to reverse the trend toward overseas production.
Directs the Secretary of State to report annually to specified congressional committees on the economic policy and trade practices of each country with which the United States has an economic or trade relationship. Sets forth information to be included in such report.
Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1987 and 1988 to the Department of Commerce for export promotion programs.
Subtitle B: Export Controls - Amends the Export Administration Act of 1979 to permit the use of distribution licenses for exports to China.
Prohibits requiring permission to export (to countries other than controlled countries) goods or technology which, if exported pursuant to the COCOM agreement (Coordinating Committee on Export Controls), would require only notification of COCOM governments. Authorizes the Secretary of Commerce to require exporters of such goods to such countries to notify the Department of Commerce of those exports.
Provides for quarterly partial reviews of the control list of goods subject to export conrols. Requires all goods and technology on the list to be reviewed at least annually. Requires the Secretary of Defense to review the goods on the list of militarily critical technologies on an ongoing basis. (Currently such review is required at least annually.)
Imposes a timetable for responses by the Secretary of Commerce to allegations by export license applicants that foreign availability exists.
Prohibits requiring a validated license for exports to countries that are subject to an agreement that imposes export controls similar to the national security export controls of the Export Administration Act of 1979.
Authorizes appropriations to the Department of Commerce for FY 1987 and 1988 to carry out the Export Administration Act of 1979.
Authorizes appropriations to the Customs Service for FY 1987 and 1988 to enforce the export controls under such Act.
Requires the Comptroller General of the United States to evaluate and report to the Congress on the activities of the Department of Defense regarding the review of export license applications for the exports to noncontrolled countries.
Subtitle C: Debt, Development, and World Growth - Requires the President and the Secretary of the Treasury to take the necessary steps to continue ongoing negotiations with West Germany, the United Kingdom, France, and Japan and to initiate negotiations with other countries in order to: (1) coordinate macroeconomic policies so as to promote stable exchange rates and growth patterns; (2) achieve expansionist economic policies and agreements which have the specific purpose of increasing the market for U.S. exports and exports from developing countries; (3) promote growth-oriented economic policies; (4) encourage countries to base growth on a balance of foreign and domestic demand and to discourage excessive reliance on exports for growth; and (5) advise U.S. trading partners that the United States is prepared to retaliate in cases involving unfair trade practices.
Declares that a key U.S. objective in economic summits is to obtain the agreement of the participants to adopt growth-oriented national economic policies and to increase the size of the market of U.S. exports and exports from developing countries. Requires such objective to be placed on the agenda of all economic summits to which the United States is a party. Requires reports to the Congress on such meetings.
Expresses the sense of the Congress that increases in the development of developing countries and the economic recovery of the United States and other industrialized countries can only be assured if world trade is expanded and market access for all countries is increased.
Declares that it is U.S. policy that any foreign assistance provided by the United States to developing countries shall be consistent with and supportive of long-term trade liberalization in those countries.
Reaffirms congressional support for the Overseas Private Investment Corpoation (OPIC). Declares that OPIC should increase its loan guaranty and direct investment programs.
Amends the Foreign Assistance Act of 1961 to require OPIC to issue at least a specified amount in guaranties and to make loans in at least a specified amount in each fiscal year. Provides for an increase in OPIC staff to administer its expanded programs.
Reaffirms congressional support for the Trade and Development Program. Increases the authorized appropriations for FY 1987 to such program. Establishes such program as an independent agency of the International Development Cooperation Agency.
Directs the President to establish an interagency group on countertrade. Requires such group to review U.S. policy on countertrade and make recommendations on the use of countertrade as a method of enhancing bilateral U.S. economic assistance programs and on expanding the information available on countertrade.
Subtitle D: Protection of United States Business Interests Abroad - Expresses the sense of the Congress regarding international protection of intellectual property.
Expresses the sense of the Congress that reform of liability laws is urgently needed at both the State and Federal level in order to maintain the international competitiveness of the United States in world markets.
Subtitle E: General Provisions- Amends the Trading with the Enemy Act to delete the provisions which set forth the duties of the Office of Alien Property. Directs the Attorney General to cover into the Treasury, to the credit of miscellaneous receipts, all sums from property vested in or transferred to the Attorney General under the Trading with the Enemy Act: (1) which are received after enactment of this Act; or (2) which are received before such time and which had not yet been covered into the Treasury, other than any such sums which are the subject matter of a judicial action or proceeding.
Deletes the provision requiring an annual report on all proceedings under such Act.
Exempts from import restrictions under such Act the importation of informational materials from any country.
Title V: Foreign Corrupt Practices - Amends the Securities and Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977 to prohibit certain securities issues and domestic concerns from offering or making payments to: (1) foreign officials in order to assist the issuers or concerns in obtaining or retaining business, including the procurement of legislative, judicial, regulatory, or other actions in seeking more favorable treatment by a foreign government; or (2) any person, while knowing, or recklessly disregarding a substantial risk, that all or a portion of such money or thing of value will be offered to a foreign official for such purposes. Declares that it is a defense to actions under this title that: (1) a payment was made to expedite or secure the performance of a routine governmental action by a foreign official; or (2) a payment or offer was legal in the country involved.
Declares that an issuer or concern may not be held vicariously liable for a violation by its employee, who is not an officer or director, if: (1) such issuer or concern has established reasonable procedures to prevent and detect any such violation; and (2) the supervisor of such employee used due diligence to prevent the commission of the offense by that employee.
Requires the Attorney General to determine to what extent compliance with such Acts would be enhanced and to what extent the business community would be assisted by further clarification of the corrupt practices provisions. Requires the Attorney General to issue guidelines and procedures to help businesses comply with such provisions. Requires the Attorney General to issue binding responses to specific inquiries on compliance with such provisions. Sets forth penalties for violations of such provisions.
Expresses the sense of the Congress that the President should pursue the negotiation of an international agreement on the acts prohibited with respect to issuers and domestic concerns by this title. Requires the President to report to the Congress, within one year of enactment of this Act on: (1) the progress of such negotiations; and (2) additional steps that may be taken if such negotiations do not eliminate the competitive disadvantage of U.S. businesses that results when persons from other countries commit the acts proscribed by this title; and (3) possible actions that could be taken to promote international cooperation to prevent bribery of foreign officials, candidates, or parties in third countries. Sets forth information to be included in such report.
Title VI: Agricultural Trade - Subtitle A: Improvement of Agricultural Trade Policy and Market Development Activities - Designates the Department of Agriculture as the lead agency for agricultural trade, subject to subtitle D of title I of this Act. Directs the Secretary of Agriculture (the Secretary for purposes of title VI) to coordinate Federal actions relating to agricultural trade.
Requires the President to appoint, with the advice and consent of the Senate, in the Department of Agriculture an Under Secretary of Agriculture for Trade International Affairs and an Under Secretary of Agriculture for Commodity Programs.
Transfers the International Economics Division of the Economic Research Service and the World Agricultural Outlook Board of the Department of Agriculture to the Foreign Agricultural Service of the Department of Agriculture.
Directs the Secretary to establish within the Foreign Agricultural Service a commodity division to promote value-added products not covered by cooperator agreements and to help to develop a cooperator organization to support the marketing role of the division.
Directs the Secretary to establish an Office of the General Sales Manager within the Department of Agriculture. Places the General Sales Manager under the direction of the Under Secretary of Trade. Makes the General Sales Manager responsible for the Foreign Agricultural Service programs dealing with: (1) export sales; (2) market development; (3) agricultural trade offices; and (4) the requirements of title I and II of the Agricultural Trade Development and Assistance Act of 1954.
Directs the Secretary to establish in the Department of Agriculture an office which, under the direction of the Under Secretary for Trade, shall: (1) monitor the agricultural export trade promotion practices for foreign nations; and (2) submit quarterly reports of its findings to the Secretary. Requires the Secretary to report to specified congressional committees on the level of subsidies provided by other nations and the United States for agricultural exports.
Directs the Secretary to establish an office in the Department of Agriculture which, under the direction of the Under Secretary for Trade, shall: (1) provide assistance to U.S. citizens and organizations damaged by unfair agricultural trade policies in cases before specified agencies; (2) provide such persons with information on such policies and their adverse effects; and (3) report on unfair agricultural trade policies to the appropriate Federal agencies. Requires the Secretary to report on the assistance provided by such office. Requires the office to coordinate with the Fair Trade Advocate established under title I of this Act.
Directs the Secretary to provide technical services to the USTR on agricultural trade matters.
Directs the Secretary to prepare, for submission with the budget, a Long Term Agricultural Trade Strategy Report establishing recommended policy and spending goals for U.S. agricultural trade and exports for one-year, five-year, and ten-year periods. Sets forth information to be included in such report. Directs the President to identify any changes that might modify the long-term policy contained in a previous report. Directs the Secretary to establish within the Department of Agriculture an Office of Agricultural Trade Policy Planning Evaluation which shall coordinate the preparation of such report.
Declares that it is U.S. policy to use food aid and agriculturally related foreign aid programs more effectively to develop markets for U.S. agricultural commodities and products.
Directs the Secretary to report annually to the Congress on the extent that food aid and agriculturally related foreign aid programs of the previous year, other than direct feeding or emergency food aid, serve direct market development objectives for U.S. agricultural commodities and products.
Directs the Secretary to establish in the Department of Agriculture the Office of Food Aid Policy whose director shall: (1) serve under the direction of the General Sales Manager; (2) help develop a comprehensive strategy for coordinating agriculturally related foreign aid, food aid, and market development objectives for U.S. agricultural commodities; (3) monitor the compliance of Federal programs with Department of Agriculture market development objectives; and (4) serve as the principal staff representative of the Secretary in deliberations of the staff working group of the Subcommittee on Food Aid of the Development Coordination Committee.
Authorizes the Secretary to make available to cooperator organizations commodities owned by the Commodity Credit Corporation.
Authorizes the Secretary to contract with individuals outside the United States for personal services to be performed outside the United States.
Amends the Food Security Act of 1985 to direct the Secretary: (1) to give priority to interested foreign purchasers who have traditionally purchased U.S. agricultural commodities and begin to purchase increased amounts of such commodities; and (2) report to specified congressional committees every 30 days a current list of countries provided such commodities and a justification for their participation in such export enhancement program.
Expresses the sense of the Congress that, if a country, in violation of the GATT, imposes import restrictions on U.S. citrus fruits and beef products, the President should exclude imports of similar or other products from such country until such policies are eliminated.
Expresses the sense of the Congress that the Department of Agriculture should expedite the implementation of specified sections of the Food Security Act of 1985 relating to barter of agricultural commodities.
Subtitle B: Domestic Markets for Agricultural Commodities and Products - Directs the Secretary to study and report to specified congressional committees on: (1) the effect of imported honey on U.S. honey producers; (2) the availability of honey bee pollination within the United States; and (3) whether imports of honey tend to interfere with or render ineffective the honey price support program of the Department of Agriculture.
Directs the Secretary, in conjunction with the USTR, to study and report to specified congressional committees on: (1) the effect of imports of roses over a specified time period on the domestic rose growing industry;and (2) an economic analysis of production and marketing factors of such imports.
Amends the Agricultural Adjustment Act to require the ITC to consider certain assessments imposed on tobacco producers in determining whether tobacco imports materially interfere with the tobacco price support program.
Directs the Secretary to compile and publish data on: (1) the total value and quantity of imported raw and processed agricultural products; and (2) the total amount of production and consumption of domestically produced raw and processed agricultural products.
Expresses the sense of the Congress that: (1) the administration should continue to oppose actions by the European Community to impose quotas on oilseeds and oilseed products in Portugal, impose a grain purchase requirement on Portugal, and place variable levies on corn and grain sorghum entering Spain; (2) if compensation is to be negotiated on this issue, the administration should insist that such compensation be U.S. agricultural commodities and products to be exported to the European Community; and (3) unless the European Community rescinds such actions or compensates the United States for trading losses, the administration should impose trade restrictions that reestablish the balance of concessions under the GATT and other international trade agreements.
Subtitle C: Miscellaneous - Prohibits classifying as class I or class II milk for purposes of the milk marketing program any milk produced by dairies: (1) owned or controlled by foreign persons or entities; and (2) financed by or with the use of industrial revenue bonds.
Expresses the sense of the Congress that the Office of Technology Assessment, in conducting a specified grain quality study, should: (1) evaluate the international competitive problems for U.S. grain attributable to grain quality standards and handling practices; (2) identify the extent to which such standards and practices have contributed toward the recent decline in U.S. grain exports; (3) compare U.S. grain standards and handling technology with the standards and technology of the major grain export competitors of the United States; (4) evaluate the consequences for U.S. grain exports and farm prices of imposing specified quality standards on export grain elevators; and (5) evaluate the current method of establishing grain classification, the feasibility of using new technology to classify grains, and the impact of new seed varieties on exports and users of grain. Requires the results of such study to be submitted to specified congressional committees.