Trade and Export Enhancement Act of 1987 - Title I: Trade Law Amendments - Subtitle A: National Trade Policy and Agenda - Sets forth the national trade policy and agenda which shall guide U.S. trade policy. Requires the President to use all appropriate powers to achieve such policy, including: (1) recommending appropriate changes in implementing fiscal, regulatory, and economic policy to the Congress; (2) making greater efforts to coordinate economic and monetary policy with the major U.S. trading partners; (3) utilizing trade policy measures to expand markets for U.S. exports, discipline unfair trade policies of foreign countries, and negotiate a more open world trading system; and (4) effecting better management of Third World debt.
Requires the United States Trade Representative (USTR) to submit to the Congress a statement on: (1) U.S. trade policy objectives and priorities; and (2) actions authorized under U.S. trade laws and negotiations with foreign countries to achieve such objectives; (3) proposed legislation to achieve such objectives; and (4) progress made during the preceding year in achieving such objectives. Requires the USTR to consult with appropriate congressional committees before submitting such statement.
Amends the Trade Act of 1974 to require the President to seek information and advice from the private and public sectors with respect to negotiating objectives of and operations under proposed trade agreements under the Trade and International Economic Policy Reform Act of 1987 (Act of 1987) and with respect to the development of U.S. trade policy.
Directs the President to establish an Advisory Committee for Trade Policy and Negotiations. Permits the President to establish other advisory committees for services, investment, agriculture, defense, industry, and labor to provide general trade advice. Requires the Advisory Committee for Trade Policy and Negotiations and appropriate advisory committees to meet and report to the President, the Congress, and the USTR on trade agreement negotiations entered pursuant to the Act of 1987. Requires the provisions of the Federal Advisory Committee Act to apply to such committees.
Restricts the disclosure of trade secrets and commercial or financial information submitted in confidence to congressional advisers for trade policy in connection with trade agreement negotiations.
Directs, at the beginning of each regular session of the Congress, the Speaker of the House of Representatives and the President pro tempore of the Senate to designate congressional advisers on trade policy and negotiations to provide advice on the development of trade policy. Requires such advisers to be accredited by the USTR as official advisers to the U.S. delegations to international trade negotiations. Provides for the accreditation of additional congressional advisers regarding specific trade policy matters or negotiations. Requires the USTR to consult with the House Committee on Ways and Means and the Senate Committee on Finance with respect to overall U.S. trade policy.
Requires the USTR to transmit to the Congress any trade agreement that is entered into under the Act of 1987.
Requires the President to submit to the House Committee on Ways and Means and the Senate Committee on Finance trade competitiveness impact statements with respect to trade agreements that may affect the competitiveness of U.S. industries. Waives such requirement if the President determines that it is necessary to serve the national interest or to deal with an emergency situation.
Subtitle B: Trade Agreement Negotiating Authority, Enforcement of United States Rights Under Trade Agreements, and Response to Foreign Trade Practices - Chapter 1: Trade Agreement Negotiating Authority - Declares that the overall U.S. negotiating objectives with respect to trade agreements are to obtain: (1) more open and equitable market access; (2) the harmonization, reduction, or elimination of trade barriers; and (3) a more effective system of international trading procedures.
Sets forth the principal U.S. trade negotiating objectives with respect to: (1) agricultural trade; (2) dispute settlement; (3) unfair trade practices; (4) trade in services; (5) trade in intellectual property; (6) foreign direct investment; (7) safeguard measures; (8) improvement of the General Agreement on Tariffs and Trade (GATT) and multilateral trade negotiation agreements; (9) tariff and nontariff trade barriers; (10) worker's rights; (11) trade with developing countries; (12) market access to high technology; (13) current account surpluses; and (14) trade and monetary coordination.
Expresses the sense of the Congress that the USTR should enter into negotiations with foreign countries to achieve the elimination of tariff and nontariff barriers and unfair trade practices with respect to U.S. agricultural products and forest products.
Declares it to be U.S. policy to use the Uruguay Round of Multilateral Trade Negotiations to enter into multilateral agreements that achieve increased market opportunities for U.S. exports.
Grants the President the authority, whenever he determines that one or more existing duties or import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States, to: (1) enter, until January 3, 1993, into trade agreements with foreign countries; and (2) proclaim any modification or continuance of duties, continuance of duty-free treatment, or imposition of additional duties, as appropriate.
Grants the President the authority to enter into trade agreements with foreign countries to harmonize, reduce, or eliminate trade barriers or distortions or to prohibit or limit the imposition of such barriers if he determines that such barriers unduly burden or restrict U.S. commerce or adversely affect the U.S. economy or that the imposition of such barriers is likely to result in a burden, restriction, or adverse effect. Grants the President the authority, until January 3, 1993, to enter into bilateral trade agreements with foreign countries to eliminate or reduce U.S. duties or trade barriers or distortions to international trade of a foreign country or the United States. Authorizes the President to enter into a trade agreement to implement the International Convention on the Harmonized Commodity Description and Coding System. Requires the President, before entering into such trade agreements, to consult with specified congressional committees.
Sets forth the procedure for entering into a trade agreement to reduce trade barriers or to prohibit the imposition of such barriers.
Requires the President, in connection with any proposed trade agreements under specified provisions of this Act or the Act of 1987, to publish and furnish the International Trade Commission (ITC) with lists of articles which may be considered for modification or continuance of duties, continuance of duty-free or excise treatment, or additional duties. Authorizes the President, in connection with non-tariff trade agreements, to publish and furnish the ITC with lists of non-tariff matters which may be considered for modification.
Requires the ITC, with respect to each article or non-tariff matter, to advise the President of the probable economic effects of such modifications on: (1) industries producing like or directly competitive articles; and (2) U.S. manufacturing, agriculture, mining, fishing, services, intellectual property, investment, labor, and consumers. Requires the ITC, in order to assist the President with respect to entering proposed trade agreements and developing U.S. trade policy, to investigate and report to the President as to the effects of modification of any barrier or other distortion to international trade on domestic workers, industries or sectors, purchasers, prices, and quantities of articles in the United States. Sets forth specified actions the ITC must take in preparing advice on trade matters to the President.
Requires the President, before entering certain trade agreements, to: (1) seek information and advice with regard to such an agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury and from the USTR; and (2) hold public hearings for comments.
Permits the President, when seeking certain trade agreements, to make a formal offer for the modification or continuance of any U.S. duty, import restrictions, barriers or distortions to international trade, the continuance of U.S. duty free or excise treatment, or the imposition of additional duties, import restrictions, or other barriers to international trade, including trade in services, foreign direct investment, and intellectual property, with respect to any article or matter only after receiving a summary of the public hearings on such actions and advice from the ITC.
Authorizes the President, whenever specified actions increase or impose a duty or import restriction, to enter into trade agreements to grant new concessions as compensation to a foreign country that has an existing trade agreement with the United States or proclaim modification or continuance of existing duties or duty-free treatment with respect to such agreement if it is necessary to meet U.S. international obligations.
Authorizes the President, with regard to trade negotiations with Canada, to enter into tariff agreements relating to specified items of the Tariff Schedules of the United States, and to proclaim the modification or elimination of existing duties on such items. Limits the President's authority to the following items: (1) dialysis cyclers; (2) packaging goods for tea; (3) dried fababeans; (4) cat litter; (5) mechanics' tool boxes; (6) medical tubing; (7) synthetic fireplace materials; (8) spirits; (9) miners' safety lamps, components,and battery chargers; (10) computerized paper cutter control retrofit units; and (11) frozen cranberries. Requires the President to proclaim such changes only to the extent that tariff concessions of equivalent value are granted by Canada in exchange for reductions authorized by this Act. Terminates the President's authority five years after enactment of this Act.
Amends the Tariff Schedules of the United States to implement changes in the tariff treatment of the following products pursuant to the United States-European Communities Agreement on Citrus and Pasta: (1) anchovies; (2) certain cheeses; (3) satsuma oranges (mandarin); (4) olives; (5) capers; (6) paprika; (7) cider; and (8) olive oil. Authorizes the President to modify or terminate such changes at any time.
Requires the President to update each report on wine exports that the President submitted to specified congressional committees pursuant to the Wine Equity and Export Expansion Act of 1984. Requires each updated report to contain: (1) a description of the tariff or nontariff barriers to trade in U.S. wine of each major wine trading country with respect to which the USTR has carried out consultations; (2) the status of such consultations; and (3) other information based on developments since the submission of the President's report on wine exports.
Chapter 2: Enforcement of United States Rights Under Trade Agreements and Response to Foreign Trade Practices - Requires the USTR (currently, the President) to take action if he determines that U.S. rights under any trade agreement are being denied or a foreign country's act, policy, or practice: (1) is inconsistent with, or denies benefits to the United States under, any trade agreement; or (2) is unjustifiable and burdens or restricts U.S. commerce.
Requires the USTR, unless the contracting parties to the General Agreement on Tariffs and Trade (GATT) make a specified finding or the USTR makes a specified finding, to: (1) suspend or remove certain benefits of the trade agreement, impose restrictions on the foreign country involved, or withdraw benefits under the Generalized System of Preferences; or (2) restrict imports of services; or (3) both (1) and (2); and (4) take all other appropriate and feasible actions to enforce such rights or end such act, policy, or practice.
Defines export targeting as any government plan consisting of a combination of actions that are bestowed on a specific enterprise or group of enterprises which improves the competitiveness of exports by such enterprise or group. Requires the USTR, if he determines that export targeting exists and is a burden or restriction to U.S. commerce, to: (1) take action under (1) or (2), or both; (2) enter into agreement with the foreign country that provides a solution to such burden or restriction, or provides compensatory trade benefits; or (3) take a combination of such actions, to eliminate such export targeting. Provides that the USTR is not required to take such actions if he: (1) finds that such action is not in the national economic interest of the United States; and (2) complies with specified reporting requirements. Sets forth the alternative actions available to the USTR. Requires action taken to eliminate: (1) an act, policy, or practice that denies U.S. rights under a trade agreement or burdens U.S. commerce; or (2) export targeting, to be devised to affect goods or services of the foreign country involved in an amount equivalent to the amount that such country restricts U.S. commerce. Requires the USTR to report to the Congress on each action taken or the reasons no action was taken to: (1) enforce U.S. rights or eliminate unfair trade acts, policies, or practices; or (2) eliminate the export targeting policy or practice.
Requires the USTR to take all appropriate and feasible action to eliminate: (1) export targeting by a foreign country that threatens to burden or restrict U.S. commerce; and (2) a foreign country's act, policy, or practice which is unreasonable or discriminating and burdens or restricts U.S. commerce. Sets forth provisions relating to the scope of action that the USTR (currently, the President) may take with respect to: (1) a foreign country's act, policy, or practice that denies U.S. rights under a trade agreement or burdens U.S. commerce; or (2) export targeting practices. Authorizes the USTR with respect to such unfair trade practices to withdraw or refrain from proclaiming certain benefits under the Generalized System of Preferences.
Requires the USTR in response to such trade practices to: (1) give preference to the imposition of duties over the imposition of other import restrictions; (2) if an import restriction other than a duty is imposed, consider substituting, on an incremental basis, an equivalent duty for such other import restriction; and (3) before determining to take action to restrict imports, take into account the likely impact on U.S. agricultural exports. Authorizes the USTR (currently, the President) to: (1) restrict the terms and conditions of service sector access authorization; or (2) deny the issuance of such authorization.
Requires the USTR, within 30 days of making a decision to take action to enforce U.S. trade rights or provide relief from foreign unfair trade practices, to implement such action. Authorizes the USTR to delay such implementation for up to 90 days if: (1) either the petitioner or the domestic industry that would benefit from such action requests the delay; or (2) the USTR determines that substantial progress towards a solution is being made.
Defines "unreasonable" to include an act, policy, or practice of a foreign country that denies: (1) certain worker's rights; or (2) market opportunities to U.S. firms.
Requires the USTR to direct certain inquiries to the foreign countries involved in an investigation of unfair trade practices. Authorizes the USTR to request the foreign countries to provide documentation or permit verification of information. Authorizes the USTR to disregard such information and instead use the best information available if the information provided by the foreign country is not timely, is incomplete, or is insufficiently verified.
Requires the USTR to initiate formal dispute settlement procedures contained under a trade agreement if a resolution of unfair trade practices is not reached after consultation with the foreign country.
Requires the USTR, subject to certain consultation requirements, to: (1) determine whether U.S. rights under a trade agreement are being denied or an unfair trade act, policy, or practice exists; and (2) take action to enforce any trade rights or remedy any unfair trade practices.
Authorizes the USTR to determine an act, policy, or practice that denies worker's rights not to be unreasonable if he finds that the foreign country has taken steps to provide those rights to the workers.
Changes the timetable for the USTR to determine whether action is required with respect to unfair trade practices and export targeting.
Requires the USTR, before taking action with respect to the product or service of a foreign country which is the subject of an unfair trade practice petition to, provide an opportunity for presentation of views by interested persons, including a public hearing, if requested by such persons. Requires the USTR, if export targeting is involved, to consult with representatives of the industry and workers affected by such targeting with respect to the appropriate remedial action, including measures to enhance the international competitiveness of such industry.
Authorizes USTR to modify or terminate an action taken to enforce U.S. trade rights if: (1) the contracting parties to the GATT make specified findings; or (2) the USTR determines that the foreign act, policy, or practice has been eliminated or is being phased out or that the action is not effective or that its continuation is not in the national economic interest. Requires the USTR to review and assess biennially the results of actions taken to enforce U.S. rights. Provides for publication of, and notification of the Congress of, any modification or termination.
Requires the USTR to monitor the implementation of every measure undertaken or agreement entered into by a foreign country to enforce U.S. trade rights or eliminate unfair trade practices or export targeting. Requires the ITC to: (1) determine whether each major exporting country is an excessive trade surplus country for 1987 through 1990; and (2) determine if the percentage obtained by dividing the U.S. balance of trade deficit by the U.S. gross national product is less than one and one-half percent. Requires the ITC to report such determinations to the USTR.
Requires the USTR, within 15 days of receipt of such report, to determine whether each major exporting country identified as an excessive trade surplus country maintained a pattern of unjustifiable, unreasonable, or discriminatory trade policies or practices that have a significant adverse effect on U.S. commerce and contribute to the excessive trade surplus of that country. Sets forth factors to be considered in making such determination. Provides that the USTR need not make such determination with respect to countries with a percentage of less than one and one-half percent. Defines "excessive trade surplus country" as a major exporting country which has: (1) a bilateral export percentage (the value of nonpetroleum export to, divided by the value of nonpetroleum imports from, the United States) of more than 175 percent; (2) a bilateral trade surplus (an excess of the value of nonpetroleum exports to, over the nonpetroleum imports from, the United States) for the year; and (3) a global trade surplus (the aggregate value of all exported merchandise exceeds the aggregate value of all imported merchandise) for the year.
Requires the USTR to try to negotiate a bilateral trade agreement to reduce such surplus with each foreign country that is designated as an excessive and unwarranted trade surplus country.
Requires the USTR, if the negotiations do not achieve such surplus reductions within a specified time, to: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions with respect to such country; or (2) impose duties or other import restrictions on such country's products. Sets forth waiver provisions with respect to the USTR taking such actions.
Requires the Secretary of the Treasury to determine if any foreign country that is designated an excessive surplus country is maintaining its currency at an artificially low level that does not reflect such country's competitive strength in international trade. Requires the Secretary of the Treasury to negotiate an agreement to realign each country's currency that is maintained at an artificially low level.
Provides for the administration of the provisions relating to trade deficits.
Expresses the sense of the Congress that the USTR conclude all cases under a specified section of the Trade Act of 1974 that involve unfair foreign agricultural export practices, including export subsidies and differential export taxes.
Subtitle C: Relief From Injury Caused by Import Competition - Chapter 1: Industry Relief From Injury Caused by Import Competition - Requires petitions for import relief to: (1) include a statement describing the specific purposes for which import relief is being sought; (2) if critical circumstances are alleged to exist, include information supporting that allegation; and (3) if injury is caused by imports of perishable agricultural products, permit a request for emergency relief.
Permits a petitioner to submit to the ITC and the USTR a statement of proposed industry adjustment measures to make an industry affected by imports more competitive.
Permits an entity representing a domestic industry to file a request with the USTR for the monitoring of imports of perishable agricultural products if such entity: (1) produces a perishable agricultural product that is like or directly competitive with an imported perishable agricultural product; and (2) has reason to believe that such product is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the industry. Requires the USTR to determine if: (1) the imported product is a perishable agricultural product; and (2) there is a reasonable indication that the domestic industry is vulnerable to serious injury or the threat thereof as a result of such increased imports. Requires the ITC, if such determinations are affirmative, to monitor and investigate such imports for a period not to exceed two years. Permits a petitioner to request emergency relief with respect to such imports.
Defines "perishable agricultural product" as any agricultural article, including livestock, which the USTR considers action under this section to be appropriate after taking into account: (1) whether the article has a short shelf life, a short growing season, or a short marketing period; (2) whether such article is treated as a perishable product under any Federal law; and (3) any other appropriate factors.
Requires the ITC to investigate whether an article is being imported in such increased quantities as to be a substantial cause of serious injury, or threat of injury, to the domestic industry producing an article like or directly competitive with the imported article upon: (1) the filing of a petition; (2) the request of the President or the USTR; (3) resolution of either the House of Representatives Ways and Means Committee or the Senate Finance Committee; or (4) its own motion. Requires the ITC, if a petition alleges that critical circumstances exist, to determine whether such circumstances do exist. Sets forth economic factors that the ITC shall consider in making its determination.
Requires the ITC, in the course of any such investigation, to: (1) seek information on actions by firms and workers in the industry to increase the industry's competitiveness; (2) investigate any factor which may be contributing to increased imports of the article under investigation and notify the appropriate agency if the ITC has reason to believe that dumping is causing the increased imports; and (3) hold public hearings on the subject of the investigation.
Requires the ITC to: (1) determine whether increased imports are a substantial cause of serious injury, or threat thereof, to the industry; and (2) if such determination is affirmative and the petition alleged critical circumstances, determine if critical circumstances exist. Requires the ITC, if it determines that critical circumstances exist, to direct the Commissioner of Customs to order the suspension of the liquidation of all articles subject to the determination that are entered, or withdrawn from warehouse for consumption, on or after the date of publication of notice of the order in the Federal Register. Authorizes the ITC to direct the Commissioner to order the posting of a bond for the entry of such articles to which the suspension of liquidation applies.
Requires the ITC, after making a determination that serious injury, or threat thereof, to a domestic industry exists, to determine the form and amount of import relief that would be most effective: (1) in preventing or remedying such injury; and (2) in facilitating the efforts by the domestic industry to enhance its long-term competitiveness or to adjust to import competition.
Requires the ITC to report its findings to the USTR within 180 days of the date the petion is filed. Sets forth information to be included in such report.
Prohibits another import relief investigation with respect to the same subject matter unless one year has passed since the ITC's report or the ITC determines that good cause for such repeat investigation exists.
Requires the ITC, within 48 hours of finding that serious injury or threat thereof exists with respect to a domestic industry, to notify the Secretary of Labor and the Secretary of Commerce of the identity of the industry, the firms within such industry, and the competitive articles produced.
Requires the USTR, after receiving an ITC report with an affirmative finding of injurious increased imports, to either: (1) provide import relief (for up to five years) to prevent or remedy the serious injury and to enhance the long-term competitiveness or orderly adjustment to import completion of the industry; or (2) not provide such import relief because of the national security of the United States or the economic costs of providing the relief. Sets forth specified factors the USTR should weigh in making such decisions.
Authorizes the USTR to negotiate with concerned governments with respect to the cause of the increase in imports, or to alleviate the serious injury or threat thereof to the domestic industry. Requires the USTR to submit to the Congress a document describing the import relief provided to an industry.
Requires the import relief to be implemented within a specified time unless the USTR decides to negotiate an orderly marketing agreement.
Authorizes the USTR to negotiate orderly marketing agreements and, after such agreements take effect, to suspend or terminate any import relief previously provided. Authorizes the USTR to provide other import relief if after being negotiated an orderly marketing agreement does not continue to be effective.
Provides for treating as an increase in duty the suspension of: (1) certain tariff provisions with respect to an article; and (2) the designation of any article as eligible for tariff preferences. Prohibits such suspension from being made by the USTR or recommended by the ITC unless specified conditions are met.
Sets forth regulatory authority for providing import relief.
Provides for the extension, modification, and termination of import relief provisions.
Requires the ITC to review, and report annually to the USTR on, developments with respect to an industry receiving import relief so long as such relief remains in effect. Requires the ITC to advise the USTR on the probable economic effect on the industry concerned of the extension, reduction, or termination of the import relief.
Prohibits another ITC import relief investigation with respect to an article unless two years have passed since the previous relief was provided.
Authorizes the USTR to take import relief actions only after consideration of the relation of such actions to U.S. international obligations. Imposes certain conditions on treating production located in a major geographic area as the "domestic industry" for import relief purposes.
Chapter 2: Industry Relief From Market Disruption Caused by Imports From Nonmarket Economy Countries - Transfers from the President to the USTR the authority to take action in response to an ITC finding of market disruption with respect to imports from a non-market economy country (defined as a country in which economic activity is determined through central government planning rather than dependent on market forces).
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 that is equivalent to the average of the average domestic producer prices and average import prices.
Authorizes the USTR to deny import relief with respect to imports from nonmarket economy countries only if the provision of such relief would have a serious negative impact on the domestic economy.
Chapter 3: Trade Adjustment Assistance - Authorizes an adversely affected worker to elect to receive trade readjustment allowances (in the form of supplemental wage allowances) for any week of full-time services if the worker accepts the full-time job at a weekly wage that is less than such worker's average weekly wage in adversely affected employment and such worker has met specified requirements. Sets forth the maximum allowable amount to be paid to a worker.
Changes the eligibility requirements with respect to the payment of trade readjustment assistance to authorize the Secretary of Labor (Secretary) to waive the requirement that a worker be enrolled in a job search program if the Secretary determines that no acceptable job search program is reasonably available for the worker. Prohibits the payment of assistance to a worker until the worker enrolls or resumes participation in a training program approved by the Secretary.
Authorizes the Secretary, if specified conditions are met, to approve job training and the payment of such training (but not to exceed $4,000) for an adversely affected worker.
Requires each cooperating State agency (agency which provides trade adjustment assistance services) to: (1) advise adversely affected workers of training opportunities as soon as practicable (current law requires the agency to provide such advice within 60 days of receiving an application for training); (2) advise each worker applying for unemployment insurance of the benefits under the Trade Act of 1974; and (3) facilitate the early filing of petitions for eligibility for trade adjustment assistance.
Authorizes the Secretary of Commerce to provide grants and loans (not to exceed $1,000,000 each at any given time) for job training programs administered by educational institutions and by firms for eligible workers.
Establishes the Supplemental Training Fund for the provision of such job training programs.
Changes the eligibility requirements with respect to payment of trade adjustment assistance by requiring the Secretary of Labor to automatically certify any group of workers or firm that is within a domestic industry in which the Secretary receives specified notification and that produces articles that are like or directly competitive with the articles identified in such notification if the petition for certification for such assistance is filed within three years of notification.
Establishes the Adjustment Assistance Trust Fund. Provides for the funding of the Trust Fund.
Directs the President to undertake negotiations to change the GATT to allow countries to impose a small uniform duty on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs.
Directs the President to report to the Congress as soon as the GATT allows the imposition of such a duty.
Imposes an additional duty on all imports into the United States, including those imports granted duty-free treatment, with specified exceptions.
Subtitle D: Relief From Injury Caused by Subsidies and Dumping - 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 and antidumping duty complaints. Sets forth the criteria such producers must meet. Defines "material injury" for purposes of complaints involving imports of a raw agricultural product and products processed from such raw agricultural product. Classifies a coalition or trade association which represents either processors or processors and producers or growers as interested parties in such investigations.
Requires the administering authority to determine in each antidumping and countervailing duty investigation whether benefits under a foreign subsidy are actually paid on a specific foreign enterprise or industry. Sets forth provisions, for purposes of defining "subsidy," with respect to the administering authority's determination of whether foreign goods or services are provided at preferential rates.
Permits the ITC, in determining whether material injury occurred in an antidumping or countervailing duty case, to consider such other economic factors as are relevant.
Requires the ITC, in determining whether material injury occurred in an antidumping or countervailing duty case, to assess cumulatively the volume and price effects of imports from two or more countries 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 antidumping or countervailing duty investigation; (2) during the preceding 12 months were subjected to a final order or suspension agreement; or (3) were entered before any quantitative restraint was imposed.
Permits the ITC, in determining whether material injury, or the threat of material injury to a domestic industry, or the material retardation of the establishment of a domestic industry, to consider whether imports of the merchandise which is the subject of an antidumping or countervailing duty investigation have historically supplied a substantial proportion of demand in a geographically isolated market, and, if appropriate, to disregard the imports into such geographically isolated market in making such determination.
Requires the ITC, in determining whether a domestic industry is threatened with material injury, by reason of imports of merchandise, to consider, among other relevant economic factors, the extent to which the United States is a focal point for exports of the merchandise by reason of restraints on exports of the merchandise to, or on imports of the merchandise into, third country markets.
Requires the ITC, in determining whether a domestic industry is threatened with material injury by reason of imports of merchandise, to assess cumulatively the volume and price effects of imports from two or more countries if such imports: (1) compete with each other, and with like products of the domestic industry; and (2) are subject to any antidumping or countervailing duty investigation. Requires the ITC to consider whether dumping in third-country markets suggests a threat of material injury to a domestic industry with respect to antidumping and countervailing duty cases.
Sets forth provisions relating to preventing the circumvention of countervailing antidumping duty orders and findings. Outlines considerations with respect to the applicability of such orders and findings for: (1) products completed or assembled in the United States with parts or components imported from a country covered by such an order or finding; (2) products completed or assembled in a third country prior to importation into the United States; (3) products altered to be removed from a particular tariff classification; and (4) determining whether a later-developed product is subject to an outstanding order or finding.
Requires the administering authority to investigate whether diversionary input dumping is occurring whenever: (1) the administering authority has reasonable grounds to suspect that such dumping is occurring; (2) a specified type of material or component is routinely used as a major material or component in manufacturing or producing the merchandise under investigation; and (3) generally accepted trade statistics indicate that, after the issuance of an antidumping duty order or the entry into force of an international agreement relating to the importation into the United States of such material or component, the quantity or market share of shipments to the United States has decreased and shipments to the United States of the merchandise under investigation have increased. Sets forth the timetable for preliminary and final determinations by the administering authority as to the existence of diversionary input dumping. Provides that the foreign market value of merchandise that constitutes diversionary input dumping shall be the constructed value of the merchandise. Provides for increasing the cost of the material or component that is found to be involved in diversionary input dumping.
Applies countervailing duty provisions to non-market economy countries.
Changes the limits imposed on access to business proprietary information obtained by the administering authority. Requires the administering authority or the ITC to make all such information available under protective order. Imposes a 14-day deadline for determining whether to release such information. 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.
Provides that merchandise imported by or for the use of Federal agencies is not exempt from the imposition of countervailing or antidumping duties.
Requires persons making submissions to the administering authority or the ITC in antidumping or countervailing duty proceedings to certify that such submission is accurate and complete to the best of that person's knowledge.
Sets forth provisions relating to antidumping and countervailing duty determinations with respect to: (1) deviations from administrative precedent; (2) correction of ministerial errors; and (3) administrative review.
Authorizes a domestic producer of an article that is like a component part or a downstream product to petition the administering authority to designate a downstream product for monitoring by the ITC. Sets forth information to be included in the petition. Requires the administering authority to determine whether there is a reasonable likelihood that imports of the downstream product will increase as an indirect result of any diversion with respect to component parts. Sets forth factors the administering authority may take into account in making such determination. Requires the ITC to make quarterly reports to the administering authority regarding the ITC monitoring of a downstream product. Requires the administering authority to review the reports of the ITC and: (1) consider such information in determining whether to initiate an antidumping or countervailing duty investigation regarding a downstream product; and (2) request the ITC to cease its monitoring if the information indicates that imports are not increasing and there is no reasonable likelihood of diversion with respect to component parts.
Authorizes an eligible domestic entity to file a petition with the Secretary of Commerce requesting that a product monitoring category be established with respect to dumping of products into the United States by foreign countries. Sets forth information to be included in the petition. Requires the ITC to establish a product monitoring category within 90 days.
Permits, after a product monitoring category is established, a domestic entity to request the Secretary of Commerce to monitor the importation of any product that: (1) is included in that category; and (2) is produced by any first offender with respect to such category.
Requires the Secretary of Commerce, after a product monitoring category is established, to monitor the importation of products within the category that are produced by each second and multiple offender.
Provides for the recovery of damages with respect to such dumping.
Requires the administering authority to notify the ITC whenever U.S. international obligations require a determination of injury to a domestic industry with respect to merchandise that is covered by a countervailing duty order for which there was no determination of injury by the ITC. Requires the ITC, within 180 days after the date of such notice, to make a determination of whether a U.S. industry would be materially injured or would be threatened with material injury or the establishment of an industry would be materially retarded by imports of duty-free merchandise that is subject to an outstanding countervailing duty order if such order were revoked.
Suspends, pending the ITC's determination, the liquidation of entries covered by such order and which are entered or withdrawn from warehouse for consumption on or after the date of the injury requirement notice. Requires the administering authority, upon an affirmative determination by the ITC, to liquidate the entries of merchandise that were suspended and continue suspension of liquidation and the collection of estimated duties required to be deposited.
Directs the Secretary of Commerce to undertake a study of the new market orientation of China. Requires such study to address, but not be limited to, the: (1) effect of the new orientation on Chinese market policies and price structure; (2) extent to which U.S. trade law practices can accomodate the increased market orientation of the Chinese economy; and (3) possible need for changes in U.S. antidumping laws as they apply to China.
Requires the USTR to review bilateral subsidy commitments entered into by foreign countries with the United States. Requires the USTR to submit a report on such review to the House Committee on Ways and Means and the Senate Committee on Finance.
Subtitle E: Intellectual Property Rights - Amends the Tariff Act of 1930 to make 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. 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.
Authorizes the ITC to terminate an investigation 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 unauthorized under the Federal Rules of Civil Procedure.
Requires the ITC to refer violations involving intellectual property rights to the USTR. (Currently, the President.)
Authorizes the ITC to issue cease and desist orders in addition to exclusion orders.
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 unless the petitioner consents to disclosure.
Requires the USTR to identify those countries: (1) that have the most egregious acts, policies, or practices that deny such protection and have the greatest adverse impact in their own markets, or in other international markets, for the affected U.S. items; and (2) that have not entered into good faith negotiations to provide adequate protection of such rights. Requires the USTR, after a country has been identified, to initiate an unfair practices investigation.
Subtitle F: Organization and Functions of Trade Agencies - Chapter 1: Office of the United States Trade Representative - Amends the Trade Act of 1974 to set forth the functions of the USTR. Expresses the sense of the Congress that the USTR should be: (1) the senior representative on any body that the President may establish to provide him with advice on economic policies in which international trade matters predominate; and (2) included as a participant in all international trade summits and meetings.
Establishes the Office of Unfair Trade Practices (Office) in the Office of the U.S. Trade Representative. Sets forth the functions of the Office.
Transfers from the President to the USTR authority to provide benefits to a beneficiary developing country under the Generalized System of Preferences.
Requires the USTR, not later than the date that the USTR must submit national trade estimates to specified congressional committees, to identify and analyze any other significant act, policy, or practice that may constitute an element of export targeting by a foreign country.
Chapter 2: United States International Trade Commission - Requires the ITC to conduct annual studies regarding: (1) the conditions of U.S. completion and global markets; (2) the implications of such conditions of competition for U.S. national economic security; and (3) the extent to which recent U.S. actions under the trade laws have affected the competitiveness of the U.S. economy. Requires the ITC to monitor those imports that may pose problems from import competition for U.S. industries.
Requires the Trade Remedy Assistance Office, in coordination with each agency responsible for administering a trade law, to provide technical and legal assistance to eligible small businesses to enable them to: (1) prepare and file petitions and applications; and (2) obtain remedies and benefits under the U.S. trade laws, including administrative review or appeal.
Designates the ITC 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).
Subtitle G: Miscellaneous Trade Law Provisions - Amends the Trade Expansion Act of 1962 to require the Secretary of Commerce to report, within 270 days the Secretary's findings on the effects on national security of certain imports. Requires the President, within 90 days if the Secretary of Commerce finds that imports of an article are threatening national security, to: (1) determine whether the President concurs with the Secretary; (2) if the President concurs, determine what action to take; and (3) report to the Congress on such determination. Requires the President to take action with 15 days of determining to take action to adjust such imports.
Provides for the enforcement of an agreement relating to machine tool imports.
Authorizes the President, with respect to the eligibility of an article for benefits under the Generalized System of Preferences, to designate as eligible for such benefits watches the USTR determines will not cause material injury to watch manufacturing and assembly operations in the United States or U.S. possessions.
Amends the Trade Act of 1974 to require the President, after January 4, 1987, to waive the competitive need limits with respect to a country eligible for preferences under the Generalized System of Preferences if that country: (1) qualifies for a waiver under specified criteria; (2) is a debtor country having difficulty servicing its debt; and (3) has not less than 20 percent of its debt held by any combination of U.S. banks, the International Monetary Fund, and the World Bank. Sets forth a formula for allocating such benefits.
Expresses the sense of the Congress that: (1) the Caribbean Basin Economic Recovery Act should be preserved; (2) any changes should not unduly affect the unilateral duty free trade system available to the beneficiary countries designated under such Act; (3) any generic changes in the trade laws should not discriminate against imports from such beneficiary countries in relation to imports from other U.S. trading partners; and (4) the United States should maintain the commitment made by such Act to the countries of the Western Hemisphere which is in the economic and security interest of the United States.
Amends the Caribbean Basin Economic Recovery Act to permit (currently requires) the President, after complying with specified requirements, to withdraw or suspend the designation of a country as a beneficiary country, or withdraw, suspend, or limit duty-free treatment to articles of a foreign country if, he determines that as a result of changed circumstances such country would be barred from designation as a beneficiary country.
Amends the International Coffee Agreement Act of 1980 to extend the effective period of such Act until October 1, 1989.
Amends the Steel Import Stabilization Act to provide that any steel product that is manufactured in a country that is not party to a bilateral arrangement (a non-arrangement country) from steel which is melted and poured in a country that is an arrangement country will be treated for purposes of the quantitative restrictions under that arrangement as if it were a product of an arrangement country.
Expresses the sense of the Congress that the President should direct the USTR to negotiate an agreement with Japan that calls for Japan to import U.S. metallurgical coal on a market share basis equivalent to Japan's market share of steel products that are exported to the United States.
Directs the President to negotiate trade agreements with each country from which 50,000 or more automobiles are imported into the United States each year that will eliminate unfair, restrictive, or discriminatory practices in the marine transportation of such imports.
Declares that the Congress: (1) supports efforts by U.S. negotiators to expand opportunities for U.S. automotive parts producers to supply automotive parts for Japanese automobiles; and (2) determines that success of the MOSS talks depends on an increase in sales by U.S. auto parts companies to Japanese vehicle companies.
Title II: International Trade in Telecommunications Products and Services - Telecommunications Trade Act of 1987 - 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 USTR, in consultation with the Secretary of Commerce and specified interagency trade organizations, to investigate 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 telecommunications market in that country is not substantial. Requires such investigations to be completed within 180 days of enactment of this Act.
Authorizes the USTR, sua sponte or upon petition, to investigate other foreign countries after the above investigations are completed. 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 relating to a U.S. duty or import restriction on telecommunications products; (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) deny 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.
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.
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 has taken 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.
Declares it to be U.S. policy that the Federal Communications Commission should in making its determinations take into account the impact of international trade on the U.S. telecommunications industry's ability to be competitive and on the ability of the American public to obtain quality services and equipment.
Title III: Export Enhancement - Export Enhancement Act of 1987 - 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 Service. 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 administration 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 annual reports from each major U.S. diplomatic mission 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.
Requires the Secretary of Commerce to appoint an officer of the United States and Foreign Commercial Service to serve with each of the U.S. Executive Directors of the multilateral development banks. Sets forth the duties of such officer.
Amends the Export Administration Amendments Act of 1985 to authorize the Secretary of Commerce to establish a Market Development Cooperator Program the purpose of which is to develop, maintain, and expand foreign markets for nonagricultural goods and services produced in the United States. Authorizes the Secretary of Commerce to enter into contracts with nonprofit industry organizations, trade associations, State and regional trade agencies, and other private industry associations to engage in activities in order to: (1) identify foreign market opportunities; and (2) introduce new products and processes; (3) eliminate trade and technical barriers; and (4) improve economic and trade relations between the United States and other countries.
Establishes, as part of the Program, a partnership program with cooperators.
Requires the Secretary of Commerce to provide assistance for trade shows seeking to export U.S. goods or services. Requires the Secretary of Commerce to make efforts to facilitate participation by small businesses and companies new to export.
Defines the Market Development Cooperator Program as an export promotion program.
Increases the authorization of appropriations for FY 1988 for the Department of Commerce for export promotion programs. Earmarks out of such authorization $6,000,000 to be available only for the Market Development Cooperator Program.
Requires the Secretary of Commerce to establish a pilot program in the U.S. and Foreign Commercial Service to encourage the export of U.S. goods and services to Japan, South Korea, and Taiwan.
Amends the Taiwan Relations Act to require the American Institute of Taiwan to employ personnel to perform duties similar to that performed by U.S. and Foreign Commercial Service personnel.
Amends the Export Administration Amendments Act of 1985 to authorize the printing, distribution, and sale of documents outside the United States if the Secretary of Commerce finds that the implementation of the export promotion program would be more efficient.
Declares that it is U.S. policy to: (1) provide agricultural commodities for export; (2) support the principal of free trade; (3) support the negotiating objectives set forth in the Comprehensive Trade Policy Reform Act of 1986; (4) counter unfair 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 formation 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.
Exempts nonemergency programs conducted by nonprofit voluntary agencies of cooperatives from any limitation on the generation and use of foreign currencies as a condition for obtaining assistance under the Agricultural Trade Development and Assistance Act. Increases from five to ten percent of the aggregate value of the commodities distributed under nonemergency programs the amount that shall be used as foreign currency proceeds. Specifies uses of foreign currency proceeds from the sale or barter of commodities by such an agency or cooperative.
Amends the Food Security Act of 1985 to include wood and processed wood products as agricultural commodities with respect to the extension of credit by the Commodity Credit Corporation in connection with the export sale of such products.
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.
Directs the Secretary of State to accord the diplomatic title of Minister-Counselor to the senior Foreign Agricultural Service Officer assigned to any U.S. mission abroad. Limits the number of such officers to eight.
Authorizes the Secretary of Agriculture to develop with any country that has a positive trade balance with the United States a plan under which that country would purchase U.S. agricultural commodities for use in development activities in developing countries. Authorizes the President to enter into agreements with such countries to carry out the plan.
Expresses the sense of the Congress that the President should oppose actions by the European Community to establish a tariff on the importation of vegetable and marine fats and oils.
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.
Expresses findings of the Congress concerning the need for an export promotion data system. Directs the Secretary of Commerce to develop and maintain an export promotion data system to monitor, organize, and disseminate information concerning U.S. exports of goods and services and information on foreign countries involved in such exports.
Establishes a regulatory program for the preshipment inspection of exported goods. Sets forth requirements with respect to implementation of such program.
Amends the Export Trading Company Act of 1982 to require the Secretary of Commerce to submit a report to the Congress concerning Department of Commerce activities to promote the formation of export trade associations and export trading companies.
Subtitle B: Export Controls - Amends the Export Administration Act of 1979 to prohibit the export of any domestically produced crude oil unless specified conditions are met. (Current law applies such conditions only to exports of oil transported over the Trans-Alaska Pipeline.)
Authorizes the Secretary of Commerce to establish on export distribution license for consignees in China.
Defines "affiliates," for purposes relating to national security controls on exports of U.S. goods or technology, to include both governmental and commercial entities that are controlled in fact by controlled countries.
Permits the use of distribution licenses for exports to China.
Prohibits requiring permission to reexport goods subject to U.S. jurisdiction: (1) to or from any country which maintains export controls on such goods cooperatively with the United States pursuant to certain agreements; or (2) from any country when the goods to be reexported are incorporated in other goods and do not constitute more than 25 percent of the value of the goods in which they are incorporated.
Prohibits requiring permission to export (to countries other than controlled countries) goods or technology which, if exported to China on March 1, 1987, would require Coordinating Committee on Export Controls (COCOM) governments. Authorizes the Secretary of Commerce to require permission to export goods or technology to: (1) end users; or (2) any country which poses significant risks of diversion.
Prohibits requiring permission to export goods or technology to a country which maintains export controls on such goods or technology cooperatively with the United States pursuant to certain agreements.
Authorizes the Secretary of Defense, if the Secretary of Commerce or the Secretary of Defense are unable to concur on items to be included on the export control list of goods and technologies, to refer the matter for resolution to the President. Provides for quarterly partial reviews of such list. 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.) Requires the Secretary of Commerce, in consultation with the Secretary of Defense, to identify those goods subject to national security export controls which contribute least directly to the military potential of any controlled country. Urges the Secretary of Commerce to reduce by 40 percent the number of all goods and technology subject to such controls. Provides for the elimination of unilaterally imposed U.S. export controls.
Provides for the review by the Secretary of Commerce of goods and technology eligible for export or reexport under a distributed license.
Authorizes the Secretary of Commerce to issue licenses for the export to China of any good subject to export controls for the purpose of exhibition at a trade show.
Sets forth provisions relating to the foreign availability (to countries subject to national security export controls and to other than controlled countries) of goods subject to such controls from sources outside the United States.
Defines foreign availability in controlled countries to include availability of any goods or technology in any country: (1) from which such goods or technology is not restricted for export to any controlled country; or (2) in which such export restrictions are determined to be ineffective.
Authorizes appropriations to the Department of Commerce for FY 1987 and 1988 to carry out the Export Administration Act of 1979.
Adds specified negotiating objects with respect to the COCOM.
Prohibits, under specified circumstances, the imposition of export controls on a good solely on the basis that the good contains parts or components that are subject to export controls.
Prohibits the charging of a fee in connection with the submission or processing of an export license application.
Prohibits the Customs Service from seizing or detaining for more than ten days any shipment of goods or technology which are ineligible for export under a general license.
Requires the Secretary of Commerce to establish and maintain a western regional office for the issuance of export licenses.
Requires the Secretary of Commerce to monitor exports of processed and unprocessed wood to all countries of the Pacific Rim.
Requires the President to establish an Export Administration Reform Commission.
Sets forth U.S. policy with respect to maintaining export controls.
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 specified 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 for 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 Corporation (OPIC). Declares that OPIC should increase its loan guaranty and direct investment programs.
Amends the Foreign Assistance Act of 1961 to increase from $750,000,000 to $1,000,000,000 the amount OPIC can issue in guaranteed investment loans. Requires 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. Authorizes the use of funds from such program for project planning, development, management, and procurement for both bilateral and multilateral projects for the promotion of the use of U.S. exports in such projects. Establishes such program as an independent agency of the International Development Cooperation Agency. Provides that such program should serve as the primary Federal agency to provide information to the private sector concerning trade development and export promotion related to bilateral development projects. Sets forth funding level for FY 1988 and 1989 for such program.
Amends the Trade and Development Enhancement Act of 1983 to transfer functions relating to the tied aid credits for U.S. exports from the Agency for International Development to the Trade and Development Program. Sets forth administrative provisions with respect to the Program.
Directs the President to establish an interagency group on countertrade which shall review U.S. policy on countertrade and make recommendations on the use of countertrade for enhancing economic assistance programs. Requires the Secretary of Commerce to establish a list of countries relating to countertrade.
Amends the Foreign Assistance Act of 1961 to prohibit the use of foreign assistance funds for the procurement of goods and services from an advanced developing or industrialized country which has attained a competitive capability in international markets for such goods or services, unless U.S. goods and services are not competitive in the market where the goods and services are to be used.
Subtitle D: Protection of United States Business Interests Abroad - Expresses the sense of the Congress regarding international protection of intellectual property.
Subtitle E: Miscellaneous 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 is received after enactment of this Act; or (2) which is 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 judicial action or proceeding.
Deletes the provision requiring an annual report on all proceedings under such Act.
Exempts from trade restrictions under such Act the importation or exportation of informational materials from any country.
Directs the President to establish an interagency group to be known as the United States-Mexico Bilateral Commission which shall: (1) serve as the formal mechanism for the conduct of economic relations between the United States and Mexico; and (2) provide a channel of communication between the United States and Mexico pertaining to economic relations. Requires the Chairman of the Commission to report to the Congress every 12 months on the activities of the Commission.
Expresses the sense of the Congress that the United States and Mexico should hold a bilateral economic summit. Sets forth the objectives of the summit. Urges the President to enter into negotiations with Mexico in order to begin talks between the United States and Mexico aimed at achieving such objectives.
Title IV: Education and Training for American Competitiveness - Education and Training for American Competitiveness Act of 1987 - Subtitle A: Education for American Competitiveness - Sets forth general requirements with respect to grants provided under this subtitle, including provisions for additional eligible institutions.
Chapter 1: Literacy Programs - Amends the Adult Education Act to establish a program of workplace literacy partnership grants. Authorizes appropriations for FY 1988 through 1993.
Amends the Adult Education Act to establish a program of English literacy grants. Authorizes appropriations for FY 1988 through 1993.
Directs the Secretary of Education (the Secretary) to establish in the Department of Education a Federal Literacy Coordination Office. Authorizes the Secretary to make grants to States to establish State and local offices for coordination of literacy programs. Authorizes appropriations for FY 1988 through 1993.
Chapter 2: Science and Mathematics Elementary and Secondary Education Programs - Amends title III (National Science Foundation Program for Partnerships in Education for Mathematics, Science, and Engineering) of the Education for Economic Security Act to establish a Department of Education program of grants for elementary and secondary education partnerships.
Authorizes the Secretary to make grants to States to pay the Federal share of program costs. Authorizes appropriations for FY 1988 through 1993. Sets forth State application requirements.
Specifies allowable uses of such program funds.
Sets forth provisions for computation of grant amounts.
Chapter 3: Elementary and Secondary Foreign Language Programs - Directs the Secretary to make grants to States to fund local educational agencies' model programs for foreign language study. Sets forth provisions for computation of grant amounts and for applications for grants.
Directs the Secretary to make grants to an institution of higher education (or a consortium of such institutions) in each Federal region whose application is approved to provide assistance for intensive language training in summer institutes for exceptional secondary school students who show ability in their development of foreign language skills. Sets forth provisions for computation of grant amounts and for applications for grants.
Directs the Secretary to make grants to States for programs of study abroad for advanced secondary foreign language students. Sets forth provisions for applications and computation of grant amounts.
Directs the Secretary to make grants to States for assistance to local educational agency advanced placement programs to allow qualified secondary students to attend college preparatory schools, colleges, or universities on a part-time or full-time basis with respect to foreign language instruction. Sets forth provisions for applications and for allocation of State funds.
Authorizes appropriations for FY 1988 through 1993 to carry out this chapter. Reserves specified portions of such funds for various programs under this chapter.
Chapter 4: Business-Education Partnerships - Authorizes the Secretary to make grants to eligible alliances between public schools and the private sector.
Authorizes appropriations for FY 1988 through 1993 to carry out this chapter.
Establishes an Alliance for Education Board within the Department of Education to establish general policies under this chapter.
Sets forth provisions for applications and computation of grant amounts.
Directs the Secretary to evaluate grants annually under this chapter and disseminate information on activities assisted under this chapter.
Chapter 5: Educational Telecommunications - Establishes a national educational telecommunications demonstration program.
Authorizes the Secretary to make grants to public agencies and nonprofit corporations to pay the Federal share of the costs of the design, development, and construction, including renovation, of nine model, regional advanced educational telecommunications network and technology resource centers. Sets forth matching requirements.
Authorizes appropriations for FY 1988 through 1993 for such program.
Chapter 6: Technical Education Programs - Directs the National Diffusion Network to gather, organize, and disseminate information on innovative programs at institutions of postsecondary education and secondary schools designed to: (1) enhance the development of technical skills needed to improve the competitiveness of American industry; (2) encourage the development of higher skills among individuals facing or likely to face job dislocation; (3) encourage the acquisition of basic literacy skills among youth as well as adults; or (4) involve the business community in the planning and offering of employment opportunities in the trained workforce.
Directs the Network to gather, organize, and disseminate information on consultative and collaborate efforts by elementary, secondary, and postsecondary education, business, labor, and local, State, and Federal governments designed to: (1) improve the efficiency, productivity, and competitiveness of American business (such as international trade education and foreign language training for business).
Directs the Network to produce a catalog of exemplary consultative and collaborative efforts which have the highest probability of being replicated.
Authorizes the Network to provide technical assistance to any institution or entity to facilitate the gathering of information for replication models.
Chapter 7: Transfer of Education and Training Software - Establishes an Office of Education Software Transfer in the Office of Educational and Research and Improvement of the Department of Education. Provides for a Director to head such Office.
Requires the Director to maintain a current and comprehensive clearinghouse of all knowledge and education and training software developed or scheduled for development by or under the supervision of Federal agencies. Requires the Director to disseminate widely and on a regular basis such clearinghouse information.
Requires the Director to: (1) advise and consult (and authorizes grants to) a public interest user of an education and training software listed in the clearinghouse; and (2) assist such user in securing the transfer of such software from the Federal agency which developed it.
Requires the Director to advise and consult with any prospective commercial user of an education and training software listed in the clearinghouse. Authorizes the Director to sell or lease such software to such users. Authorizes the Director to waive such prices or fees, negotiate reduced prices and fees, or negotiate exclusive agreements or favorable terms for such users under specified conditions.
Requires the Director to study the effectiveness of such transfers and conversions of education and training software and to analyze national needs for additional methods of such conversion.
Requires the Director to report to the Congress, within two years after the enactment of this Act on such study and analysis, with recommendations concerning the program of grants to public interest users.
Requires Federal agencies to designate education and training software officers. Requires the Secretary to report annually to the Congress on any Federal agency's findings that it cannot cooperate with the Director for national security reasons.
Authorizes appropriations for FY 1988 through 1993 to carry out this chapter.
Chapter 8: Instructional Programs in Technology Education - Directs the Secretary to make grants to local educational agencies, State educational agencies, consortia of public and private agencies organizations, and institutions, and institutions of higher education to establish not more than ten demonstration programs in technology education for secondary schools.
Sets forth allowable uses of grant funds. Sets forth limitations on Federal assistance. Sets forth provisions for grant applications.
Directs the Secretary to disseminate the results of the programs and projects assisted under this chapter.
Authorizes appropriations for FY 1988 through 1993 to carry out this chapter.
Chapter 9: Vocational Education Programs - Amends the Carl D. Parking Vocational Education Act to revise provisions for adult training, retraining and employment development programs.
Provides that State boards of vocational education shall serve as grant recipients and catalysts to public-private training partnerships. Revises provisions for eligible programs. Authorizes appropriations for FY 1988 through 1993 for such programs.
Directs the Secretary, from sums available for national programs under the Carl D. Perkins Vocational Education Act, to conduct a demonstration program with secondary school students designed to provide them with the skills needed for employment or further education. Provides that such program shall form partnerships with business and industry to incorporate into school curricula: (1) practical applications of academic subjects; (2) career exploration; (3) instruction related to job-seeking skills, career choices, and use of information relating to the labor market; and (4) a school monitored work experience program, designed to equip each high school graduate with a resume as well as a diploma.
Increases the amount authorized to be appropriated for FY 1988 for the program of industry-education partnerships for training in high technology occupations. Authorizes appropriations for FY 1989 in such amounts as may be necessary for such program.
Directs the Secretary to establish demonstration programs in vocational training centers and community colleges to provide modular training in basic skills with the objective of rendering participants technologically literate. Authorizes appropriations for FY 1988 and 1989 for such purpose.
Chapter 10: Access Demonstration Programs - Authorizes the Secretary to make grants to educational research laboratories to support the development of training programs for secondary school personnel, including guidance counselors.
Authorizes appropriations for FY 1988 through 1991 to carry out this chapter.
Sets forth grant application requirements.
Directs the Office of Educational Research and Improvement to report to the Congress on the effect of programs funded under this chapter.
Chapter 11: Postsecondary Education Programs - Amends the Higher Education Act of 1965 to direct the Secretary to establish a College and University Research Facilities and Instrumentation Modernization Program to provide assistance for the replacement, renovation, or modernization of such institutions' obsolete laboratories, other research facilities, and outmoded equipment and instrumentation. Sets forth program and matching requirements. Gives a priority to mathematics and science under such program. Sets forth selection criteria. Sets aside certain portions of program funds for colleges and universities receiving less than a specified amount of Federal research and development funds and for institutions serving a substantial number of minority and disadvantaged undergraduate and graduate students. Directs the Secretary to consult with other Federal agencies concerning program rulemaking. Authorizes appropriations for FY 1988 and succeeding fiscal years for such program.
Directs the Secretary to establish and carry out a new College and University Research Facilities and Instrumentation Modernization Program for agriculture, strategic metals, minerals, energy, and forestry that will provide assistance for the replacement or modernization of such institutions' obsolete laboratories, other research facilities, and outmoded equipment and instrumentation. Sets forth program and matching requirements. Sets forth selection criteria. Sets aside a certain portion of program funds for colleges and universities receiving less than a specified amount of Federal research and development funds. Directs the Secretary to consult with other Federal agencies concerning program rulemaking. Authorizes appropriations for FY 1988 and succeeding fiscal years for such program.
Authorizes additional appropriations for FY 1988 through 1991 for: (1) grants to institutions to encourage participation in graduate education; (2) Patricia Roberts Harris Fellowships; and (3) graduate assistance in areas of national need.
Authorizes appropriations for FY 1988 through 1991 for the acquisition, translation, and dissemination of foreign technical and scientific periodicals.
Authorizes appropriations for FY 1988 through 1991 for certain activities specifically aimed at increasing the participation of minority students in scientific and engineering research careers.
Authorizes appropriations for FY 1988 through 1991 to develop, construct, and operate regional technology transfer centers.
Establishes a National Advisory Council on Instructional Technology within the Department of Education.
Authorizes additional appropriations for FY 1988 through 1993 for the National Periodical System program of library technology enhancement, to enable libraries to participate more fully in the initiative funded under this title.
Chapter 12: Retraining for American Competitiveness - Directs the Secretary to make grants to institutions of higher education to establish and operate programs to provide midcareer teacher training to individuals who hold a baccalaureate or advanced degree: (1) in an education-related field of study, particularly mathematics, science, or a foreign language and have job experience in such field; or (2) and were formerly employed in an occupation in which they developed expertise in an education-related field, including mathematics, science, or a foreign language. Provides for competitive selection of grant recipients and awards of initial planning, renewal, and continuation grants. Sets forth geographic distribution and evaluation requirements. Sets forth the amount of grants. Sets forth reporting and information dissemination requirements. Authorizes appropriations for FY 1988 through 1991 for such grants program.
Chapter 13: Postsecondary Education Programs to Improve Instruction in Mathematics, Science, and Foreign Language - Directs the Secretary to make grants to institutions of higher education for: (1) summer foreign language institutes and science and mathematics workshops; (2) special laboratory equipment acquisition and workshops; and (3) educational partnership programs between such institutions and local educational agencies for advanced instruction in mathematics, science, and computer technology.
Provides for competitive selection of grant recipients. Limits the amount of grant awards.
Sets forth grant application requirements. Requires the institution, or the consortium of such institutions, to assure that it will obtain at least one-half of the cost of the programs with non-Federal funds.
Authorizes appropriations for FY 1988 through 1991 to carry out this chapter.
Subtitle B: Worker Readjustment - Amends the Job Training Partnership Act to rename title III of such Act as "Worker Readjustment." Provides that such title may be cited as the Worker Readjustment Act.
Authorizes appropriations for FY 1988 and succeeding fiscal years to carry out worker readjustment programs. Reserves various portions of such funds to carry out specified parts of such title.
Sets forth service delivery system and basic program requirements.
Makes the State Governor, as the grant recipient, responsible for establishing systems and programs to assure that eligible dislocated workers are provided with services to enable them to once again become productive members of the workforce.
Sets forth requirements for a Worker Readjustment Agreement between the Governor and the Secretary of Labor.
Directs State Governors to establish State worker readjustment councils.
Sets forth requirements for State plans.
Requires each State to designate an identifiable State dislocated worker unit or office to respond rapidly, on site, to mass dislocation events throughout the State to assess the need for and initially provide early readjustment services. Requires States to ensure the capability to respond to dislocation events in sparsely populated areas.
Makes each State responsible for coordinating the unemployment compensation system and worker readjustment programs.
Provides for designation of substate areas and grantees. Sets forth substate plan requirements.
Provides that participation in worker readjustment programs shall be deemed to be acceptance of State-approved training for purposes of Federal law relating to unemployment benefits.
Sets forth provisions for basic readjustment services. Sets forth requirements for expenditure and formulas for allotment of funds for such services. Sets forth allowable basic readjustment services and activities, including supportive services and benefits. Sets forth cost limitations and reallotment and reallocation provisions.
Sets forth provisions for the worker readjustment training program. Sets forth formulas for allotment of program funds. Sets forth cost limitations. Sets forth allowable services and activities, including supportive services and benefits.
Sets forth provisions for Federal readjustment programs. Allows funds for such programs to be used by the Secretary of Labor to provide basic readjustment services and worker readjustment training in the following circumstances: (1) mass layoffs; (2) industrywide projects; (3) multistate projects; (4) special projects carried out through agreements with Indian tribal entities; (5) special projects to address national or regional concerns; and (6) demonstration projects, including programs for dislocated workers direct loan funds, public works employment, and readjustment assistance for farmers, ranchers and farm workers. Allows program funds to also be used for staff training and technical assistance for entities providing adjustment assistance to workers or rapid response services.
Authorizes appropriations for FY 1988 and succeeding fiscal years for State job bank systems. Directs the Secretary to make such funds available through the U.S. Employment Service to develop such systems in each State.
Directs the Secretary of Labor, in coordination with the Secretary of Agriculture, to develop statistical data relating to permanent dislocation of farmers and ranchers due to farm and ranch failures. Requires an annual report on such data.
Directs the Secretary of Labor, in consultation with the Secretary of State, to conduct a study on foreign government enforcement of and company compliance with internationally recognized worker rights. Requires a biennial report to the Congress on such study. Authorizes appropriations for FY 1988 and succeeding fiscal years for information gathering from foreign trade unions relating to such study.
Directs the National Commission for Employment Policy to conduct research related to the provisions of this title, including examinations of: (1) the role of the employment services in implementing programs to enhance services provided under this title; and (2) alternative techniques for managing production cutbacks without permanently reducing work forces. Requires a report to the Congress on such research within 18 months after the enactment of this Act.
Title V: Agricultural Trade - Subtitle A: Improvement of Agricultural Trade Policy and Market Development Activities - Chapter 1: Department of Agriculture Operations - Directs the Secretary of Agriculture (Secretary) to evaluate the reorganization proposal to improve current management of international and trade activities of the Department of Agriculture.
Authorizes additional appropriations for FY 1987 through 1990 to the Foreign Agricultural Service of the Department of Agriculture. Increases the number of personnel for the Service.
Directs the Secretary to establish in the Department of Agriculture an office which, under the direction of the Under Secretary of Agriculture for International Affairs and Commodity Programs, shall: (1) monitor the agricultural export trade promotion practices of foreign nations; and (2) submit every six months an analysis on quantitative import restrictions and other trade barriers of foreign countries that affect U.S. exports of agricultural commodities. 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 shall: (1) provide assistance and information to U.S. citizens and organizations damaged by unfair agricultural trade policies in cases before specified agencies; and (2) 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 Advocates Branch established under title I of this Act.
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.
Authorizes the Secretary to contract with individuals outside the United States for personal services to be performed outside the United States.
Expresses the sense of the Congress that the foreign market development cooperator program has been the most effective means in achieving the expansion of U.S. agricultural exports.
Authorizes the Secretary to make available to cooperator organizations commodities owned by the Commodity Credit Corporation.
Amends the Food Security Act of 1985 to require the Secretary to use export assistance funds to assist U.S. agricultural commodity producers in defending countervailing duty actions instituted in foreign countries to offset benefits bestowed by programs under the Agricultural Act of 1949 or this Act.
Expresses the sense of the Congress that land grant colleges and universities of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 should encourage the study and career objective of international marketing of agricultural commodities.
Chapter 2: Responsibilities of the Secretary of Agriculture and Related Provisions - Requires the Secretary to provide technical services to the USTR on matters pertaining to agricultural trade and with respect to international negotiations on issues related to such trade.
Requires the Secretary to submit a report to specified congressional committees on the provision of intermediate credit financing for the establishment of facilities in importing countries to increase markets for U.S. agricultural products. Requires the Secretary to report annually to the Congress on the extent that food aid programs that are administered by Federal agencies or by nongovernmental entities serve direct market development objectives for U.S. agricultural products.
Requires the Secretary to conduct a study on the effect of the Canadian Wheat Board's import licensing program on exports of U.S. wheat products to Canada.
Requires the Secretary to develop a plan under which countries that have a substantial positive trade balance with the United States would purchase U.S. agricultural products for use in development activities in developing countries. Authorizes the Secretary to enter into agreements with such countries for the purchase of U.S. agricultural products for use in developing countries.
Subtitle B: Agricultural Export Enhancement - Amends the Food Security Act of 1985 to authorize the Secretary: (1) to give priority to interested foreign purchasers who have traditionally purchased U.S. agricultural commodities and continue or begin to purchase such commodities in equal or increased quantities. Extends through 1990 programs conducted through the Commodity Credit Corporation for the development and expansion of foreign markets for U.S. agricultural products. Increases the value of such products that may be used under such programs.
Expresses the sense of the Congress that the Secretary of Agriculture should expedite the implementation of specified sections of the Food Security Act of 1985 relating to barter of agricultural commodities.
Amends the Farm Credit Act of 1971 to extend the authority of banks for cooperatives to finance import or export activities of such cooperatives.
Amends the Agriculture and Food Act of 1981 to require the Secretary, through the subsidization of U.S. agricultural products, to cause the exportation of such products at competitive world prices.
Expresses the sense of the Congress that: (1) the USTR should enter into negotiations with Japan to gain greater access for U.S. beef to Japanese markets; and (2) if Japan does not liberalize its markets for U.S. beef, the United States should retaliate to encourage the opening of such markets.
Expresses the sense of the Congress that: (1) South Korea should fulfill its obligations under the GATT and permit access to its markets by U.S. beef producers; (2) the USTR should enter into negotiations to gain greater access to such markets; and (3) if South Korea does not liberalize its markets for U.S. beef, the United States should retaliate to encourage the opening of such markets.
Subtitle C: Agricultural Aid and Trade - Chapter 1: Findings - Sets forth findings with respect to agricultural exports.
Chapter 2: Agricultural Aid and Trade Missions - Directs the Secretary of Agriculture, the Secretary of State, and the Administrator of the Agency for International Development to jointly establish agricultural aid and trade missions to eligible countries to encourage such countries to participate in U.S. agricultural aid and trade programs.
Outlines administrative provisions concerning the composition and compensation of the U.S. representatives to such missions.
Requires the establishment of seven missions within six months, and an additional eight missions within one year after enactment of this Act. Authorizes additional future missions.
Requires members of such missions to: (1) meet with representatives of government agencies of the United States and the eligible country to plan the extent to which U.S. agricultural aid and trade programs could be used in a mutually beneficial manner; (2) provide technical expertise and information with respect to U.S. agricultural aid and trade programs and agricultural commodities and other assistance available to the eligible country; and (3) assist in obtaining firm commitments for proposals for food aid programs and agreements for commodity sales under agriculture export programs.
Directs each mission, no later than 60 days after its completion, to report to the President, the Agriculture Committees of the Congress, the House Committee on Foreign Affairs, the Secretary of Agriculture, the Secretary of State, and the Administrator on its findings and recommendations in carrying out the purposes of the Act.
Requires the Secretaries and the Administrator to jointly submit progress reports to the appropriate congressional committees during the two-year period beginning one year after enactment of this Act.
Authorizes the use of the Commodity Credit Corporation to carry out the purposes of this Act.
Chapter 3: Title II of Public Law 480; Section 416 of the Agricultural Act of 1949; and the Food for Progress Program - Amends the Agricultural Trade Development and Assistance Act of 1954 to direct the President to report to the Congress by February 15, 1988, and annually thereafter, on sales, barter, and the use of foreign currency proceeds under such Act.
Sets forth time period limits for review and comment on private voluntary agency and cooperative proposals.
Amends the Agricultural Act of 1949 to specify Commodity Credit Corporation acquired wheat, rice, and feed grains as eligible foreign assistance commodities under such Act and under P.L. 480.
Makes surplus U.S. commodities available to private voluntary agencies and cooperatives conducting programs in a country whose government is receiving such commodities.
Directs the Secretary of Agriculture, upon request, to make multiyear commodity distribution or sale agreements.
Increases: (1) the scope of private voluntary agency and cooperative foreign currency programs; and (2) the aggregate value of commodities available for such activities.
Sets forth time period limits for review and comment on private voluntary agency and cooperative proposals.
Increases the minimum quantity of eligible commodities that shall be made available for disposition by the Commodity Credit Corporation.
Amends the Food Security Act of 1985 to urge the President to approve multiyear agreements to make commodities available for distribution or sale by the recipients if such agreements otherwise meet the requirements under the Food for Progress Program.
Subtitle D: Wood and Wood Products - Amends the Food Security Act of 1985 to include wood and wood products as agricultural commodities for short-term export credit purposes under such Act.
Amends the Food for Peace Act of 1966 to include wood and wood products as agricultural commodities for intermediate-term credit purposes under such Act.
Forest Products Competitive Marketing Act of 1987 - Directs the Secretary of Agriculture to establish a cooperative national forest products marketing program to provide: (1) technical assistance to States, landowners, and small- or medium-sized forest products firms in order to improve foreign and domestic marketing; and (2) matching grants to States for State and regional forest products marketing. Authorizes FY 1988 through 1991 appropriations. Directs the Secretary to submit annual program reports to the Congress, with the final report due by September 30, 1990.
Subtitle E: Miscellaneous Provisions Regarding International Agriculture and Related Programs - Requires the following type of milk to be treated as other-source milk and to be allocated as milk received from producer-handlers for purposes of classifying milk under the milk marketing program: (1) milk produced by dairies owned or controlled by foreign persons or entities; and (2) milk produced by dairies financed by or with the use of industrial revenue bonds.
Requires the Secretary to reduce the excess of milk imported in 1988 over the level of milk imported for the period 1981 through 1985.
Amends the Tobacco Adjustment Act of 1983 to require an exporter of tobacco to prepare a specified certified report and file it with the Secretary.
Directs the Secretary to initiate discussions with other a major grain-producing countries (including members of the European Community, Canada, Australia, and Argentina) to reduce grain production multilaterally.
Expresses the sense of the Congress that the United States should maintain its proportion of food assistance with respect to all U.S. foreign economic assistance.
Subtitle F: Domestic Markets for Agricultural Commodities and Products - Chapter 1: Actions Affecting Imports; Studies and Plans - Amends the Federal Meat Inspection Act to broaden the definition of "misbranded" to include any meat or meat food products not labeled with its country of origin or failing to include the word "imported" if there is more than one country of origin.
Amends the Agricultural Adjustment Act to provide for an earlier effective period for import restrictions regulating the size and quality of certain commodities under a marketing order. Provides for paid advertising for Florida-grown strawberries under marketing orders.
Requires the Secretary to compile and report to the public statistics on the value and quantity of imported raw and processed agricultural products.
Requires the Secretary to conduct a study to determine the effect of imported honey on U.S. honey producers, the availability of honey bee pollination within the United States, and whether such imports interfere with the honey price support program of the Department of Agriculture. Directs the Secretary to report the results of such study to the House Committee on Agriculture and the Committee on Ways and Means and the Senate Committee on Agriculture Nutrition, and Forestry and the Committee on Finance.
Requires the Secretary to complete a study to determine the: (1) effects of imported roses on the U.S. rose-growing industry; (2) effects that the European Community's tariff rate for imported roses has on world trade of roses; and (3) extent to which foreign barriers to trade are impeding the marketing abroad of domestically produced roses.
Requires the Secretary to conduct a study to determine how and to what extent the reduction or elimination of quotas on the importation of certain dairy products imposed under section 22 of the Agricultural Adjustment Act as a result of negotiations on the GATT or similar agreement might adversely affect the administration of the Federal dairy price support program and cause injury to the U.S. dairy industry. Requires the Secretary to submit such report to specified congressional committees.
Requires the Secretary to submit a report to the Congress with regard to the inspection of imported meat, poultry, and egg products for residues of pesticides, drugs, and other products permitted in or on such products.
Chapter 2: Investigations Relating to Imports - Requires the ITC, with respect to imported tobacco products, to take into account contributions and assessments imposed under specified sections of the Agricultural Act of 1949 on tobacco producers in determining whether such tobacco imports materially interfere with the tobacco price support program under the Department of Agriculture.
Amends the Meat Import Act of 1979 to require the Secretary to conduct a study of trends with respect to the level of lamb meat imports and the effect of such imports on the domestic production of lamb meat.
Subtitle G: Trade Policy Formulation and Implementation - Expresses the sense of the Congress that the USTR should: (1) initiate an investigation to determine whether a specified ruling of the Canadian Import Tribunal is inconsistent with the obligations of Canada under the GATT; and (2) if the USTR determines that such ruling is unjustifiable with such obligations make recommendations to the President regarding such investigation and appropriate action.
Expresses the sense of the Congress that if a country is found to engage, in violation of the GATT, in any acts, policies, and practices against U.S. exports, the President should take steps, including the imposition of import fees and duties, that will result in the exclusion of the importation of similar products from such country until such acts, policies,and practices are eliminated.
Title VI: Foreign Corrupt Practices Act Amendment and Other Requirements - Amends the Securities and Exchange Act of 1934 and the Foreign Corrupt Practices of 1977 to prohibit: (1) certain securities issuers and domestic concerns from offering or making payments to foreign officials in order to assist the issuers or concerns in obtaining or retaining business, including the procurement of legislative, judicial, regulatory, or other action in seeking more favorable treatment by a foreign government; or (2) any person, from knowingly or with reckless disregard offering such money or thing of value 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) the 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.
Requires the Secretary of Commerce to conduct an investigation to determine: (1) the foreign countries from which foreign financial services institutions have entered into the business of providing financial services in the United States; (2) the kinds of financial services being offered; and (3) the extent to which U.S. financial services institutions are permitted to offer the same services in such foreign countries.
Directs the Secretary of Commerce to institute procedures to expedite the interagency process for requesting consultations and negotiations on limitations on shipments of textiles and apparel and periodic adjustments to those limitations.
Title VII: Tariff and Customs Provisions - Subtitle A: Permanent Changes in Tariff Treatment - Amends the Tariff Schedules of the United States to make casein free of duty and to place a duty on dried milk. Repeals the existing duty on casein and dried milk.
Changes the article description for plums and prunes to put a duty on plums that are soaked in brine and dried (currently "otherwise prepared or preserved").
Introduces a duty on grapefruit juice.
Makes fur, not on the skin, prepared for hatters duty-free for products of Canada. Continues a duty on carroted furskins.
Defines plywood and wood verneer panels to include any edge which has been tongued, grooved, lapped, or otherwise worked. Excludes plywood, wood veneer panels, or cellular panels from building boards.
Provides that gloves that are without fourchettes; and constructed of a textile fabric coated or filled with rubber or plastics and cut-and-sewn shall be regarded as gloves of textile materials.
Increases the duty on certain broadwoven fabrics of man-made fibers.
Provides that the term "synthetic plastics materials" includes silicones whether or not such materials are sold in the finished articles. Places a duty on silicone resins and materials. Provides that the term "rubber" does not include silicones.
Adds motor fuel blending stocks as exceptions to petroleum, natural gas, and products derived therefrom. Defines "motor fuel blending stock" to include any product (except naphthas) derived primarily from petroleum, shale oil, or natural gas. Places a duty on motor fuel blending stocks.
Amends the definition of iron or steel slabs and sheet bars to remove the upper limit on the thickness of a slab.
Amends the definition of "complete" as used to describe television receivers to mean a television receiver fully assembled in its cabinet (currently, assembled).
Provides that picture tubes imported in combination with, or incorporated into, other articles are to be classified in specified tariff schedules, unless they are: (1) incorporated into complete television receivers; (2) incorporated into fully assembled units; (3) put up in kits containing all the parts necessary for assembly into complete television receivers; or (4) put up in kits containing all the parts necessary for assembly into fully assembled units.
Places a duty on specified television picture tubes through October 31, 1987.
Provides for duty-free treatment of color television picture tubes of a specified size through December 31, 1990.
Provides for duty-free treatment of color television picture tubes of a specified size through September 30, 1988.
Removes extracorporeal shock wave lithotripters from the duty on electro-surgical apparatus.
Places a duty on uranium hexafluoride. Requires the termination of such duty if the President finds that no foreign country requires the conversion or upgrading of uranium mined in that country into uranium hexafluoride before export from that country.
Deletes the requirement of marking the number and classes of adjustments on watches and watch components. Allows the manufacturer, if it chooses to mark the bezels, to use an alphaneumeric code. Requires that dials be marked to show the name of the country of manufacture.
Repeals the prohibition on the entry of ermine, fox, kolinsky, marten, mink, muskrat, and weasel furskins from the Soviet Union.
Subtitle B: Temporary Changes in Tariff Treatment - Excludes 6,7-dihydroxy-2-naphthalene sulfonic acid sodium salt from the suspension of duty on cyclic organic chemical products in any physical form having a benzenoid, quinoid, or modified benzenoid structure.
Suspends the duty on certain knitwear fabricated in Guam through October 31, 1992.
Suspends the duty on specified chemicals; tungsten ore, and certain stuffed or filled toy figures of animate objects (except dolls) through December 31, 1990.
Provides for the duty-free entry of the personal effects and equipment of participants in the Tenth Pan American Games through September 30, 1987.
Suspends the duty on carding and spinning machines, certain bicycle tires and tubes, generator lighting sets, bicycle chains, and other bicycle parts through December 31, 1990.
Extends the exception to customs exemption for certain bicycle parts applicable to foreign trade zones through January 1, 1991.
Amends the article description for nicotine resins to include nicotine resin complex put up in measured doses in chewing gum form (currently nicotine and its compounds). Suspends the duty on such article through December 31, 1990.
Suspends the duty on needles for knitting machines and hosiery knitting machines through December 31, 1990.
Suspends the duty on silk yarn through December 31, 1990.
Introduces a new duty on glass inners designed for vacuum flasks or for other vacuum vessels through December 31, 1990.
Introduces a duty on offset printing presses of the sheet-fed type through December 31, 1990.
Suspends the duty on jacquard cards, parts of indirect process electrostatic copying machines, and doll wig yarns through December 31, 1990. Suspends the duty on extracorporeal shock wave lithotripters imported by non-profit institutions through December 31, 1987.
Extends existing suspensions of duty through December 31, 1990, for: (1) mixtures of mashed or macerated hot red peppers and salt; (2) cantaloupes; (3) certain wools; (4) needlecraft display models; (5) specified chemicals; (6) menthol feedstocks; certain clock radios; (7) machines designed for heat-set, stretch texturing of continuous manmade fibers; (8) certain small toys; (9) stuffed dolls, certain toy figures, and skins thereof; (10) umbrella frames; and ;(11) crude feathers and down.
Subtitle C: Other Customs Provisions - Amends the Tariff Act of 1930 to require the Secretary of the Treasury to public guidelines establishing standards for setting the terms and conditions for cancellation of bonds.
Requires the Secretary to prohibit any multiple customs law offender from: (1) introducing foreign goods into the customs territory of the United States; and (2) engaging any other person to introduce foreign goods into such customs territory.
Requires each Federal agency to notify the Secretary of all final convictions and assessments made in the enforcement of the customs laws. Establishes a penalty of a fine of up to $250,000 and imprisonment for up to ten years for violating an order issued by the Secretary.
Amends the Tariff Act of 1930 to require that any person who defaces, destroys, removes, alters, covers, obscures, or obliterates any mark required by this Act shall: (1) upon conviction for the first violation be fined up to $100,000 or imprisoned for one year; and (2) upon conviction for the second or subsequent violation be fined up to $250,000 or imprisoned for one year.
Requires that containers of imported mushrooms indicate in English the country of origin.
Authorizes the drawback of customs duties paid on raw cane sugar imported from October 31, 1977, to April 1, 1985, provided that the export of refined sugar or of products manufactured from refined cane sugar occurs before a specified date. Requires that the Secretary of Agriculture and the Commissioner of Customs to report to the House Committee on Ways and Means and the Senate Finance Committee on the circumvention of the United States sugar quota through the importation of refined sugar in the form of blended products.
Allows customs officers to transmit information about imported pornography that has been seized to the United States Attorney in the place to which the book or other matter is addressed. (Currently such information must go to the United States Attorney where the seizure occurred). Authorizes a customs officer, upon discovery of any obscene material after it has been imported or brought into the United States, to refer the matter to the United States Attorney to begin forfeiture proceedings which must begin within 30 days after the material is seized.
Authorizes the Secretary of the Treasury to admit free of duty the telescope structure, observatory domes, and primary mirror blanks for the construction of the optical telescope for the W. M. Keck Observatory Project, Mauna Kea, Hawaii.
Provides that certain entries of synthetic methionine made between specified dates shall be reliquidated without liability of the Rukert Marine Corporation of Baltimore, Maryland, for antidumping duties.
Instructs the Secretary of the Treasury to treat as free of duty certain imports of tubular tin products providing a certificate of actual use is submitted to the Customs Service within a specified period.
Amends the Trade and Tariff Act of 1984 to make the airport located at Pontiac/Oakland, Michigan, a reimbursable customs port and to eliminate the limitation on the number of locations the Customs Service may serve on a reimbursable basis.
Subtitle D: Implementation of Nairobi Protocol - Educational, Scientific, and Cultural Materials Importation Act of 1987 - Repeals the Educational, Scientific, and Cultural Materials Importation Act of 1982.
Provides for duty-free treatment of: (1) catalogs of films recordings, and other 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; and (4) crossword puzzle books.
Provides that the term "photographs" include developed photographic film, photographic slides, transparencies, holograms for laser projection, and microfilm, except for toy books.
Provides that the suspension of duty for toy books, articles for use of any agency of the U.S. Government, and public documents issued at the expense of a foreign government shall apply to these items in the form of microfilm, microfiches, or similar film media.
Allows an exemption from duty for visual and auditory material if it is imported for use by any institution or association approved as educational, scientific, or cultural by a Federal agency designated by the President or is certified by the importer to be of an educational, scientific, or cultural character or to have been produced by the United Nations. (Under current law, the exemption is limited to articles a Federal agency has determined fall within a specified agreement.) Authorizes the President to issue regulations restricting the entry of such articles if: (1) profitmaking exhibition of them may occur; or (2) they interfere significantly with domestic producting of similar articles. Makes toy models an exception to the duty-free treatment of specified visual or auditory materials.
Provides for duty-free treatment of certain holograms for laser projection, motion-picture films, sound recordings patterns and wall charts, globes, mock-ups, or visualizations of abstract concepts, and tools specially designed for the maintenance, checking, gauging, or repair of scientific instruments.
Revises the tariffs on articles for the blind and for other handicapped persons to define such category to include any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, and excludes: (1) articles for acute or transient disability; (2) spectacles, dentures, and cosmetic articles; (3) therapeutic and diagnostic articles; and (4) medicine or drugs. Provides for the duty-free treatment of certain articles for the blind, including books and braille equipment.
Authorizes the President to narrow the scope of, place conditions upon, or eliminate the duty-free treatment of tools for scientific instruments or apparatus and on articles for the blind and for other physically handicapped persons, if such treatment has a significant adverse impact on a domestic industry producing a like or directly competitive article and the change is not inconsistent with specified agreements. Requires the President, if he limits duty-free treatment of such articles, to set the duty at the rate that would be applicable if this title had not been enacted. Authorizes the President to restore duty-free treatment.
Authorizes the President to remove or modify any condition or restriction on 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, and Cultural Character.
Provides for duty-free treatment of scientific instruments (currently, instruments) and apparatus if no instrument of equivalent scientific value is being manufactured in the United States.
Defines "scientific instruments and apparatus" to mean instruments and apparatus for deriving information from or generating data necessary to, scientific experimentation by means of sensing, analyzing, measuring, classifying, recording, or similar operations.
Defines "scientific" as pertaining to the physical or life sciences and, under certain circumstances, to applied sciences.
Requires an institution desiring to enter an article as a scientific instrument or apparatus to make an application to the Secretary of Commerce containing: (1) a description of the article; (2) the purposes for which it is intended to be used; (3) the basis for the institution's belief that no instrument or apparatus of equivalent scientific value is being manufactured in the United States; and (4) a statement that the institution either has already placed an order for such instrument or apparatus or has a firm intention to place an order before a specified final day.
Requires the Secretary of the Treasury, in conjunction with the Secretary of Commerce, to take the actions necessary to obtain statistical information about specified printed matter and other articles.
Title VIII: United States Trade and Competitiveness Provisions - Requires the head of each Federal department and agency to include in any report to the Congress regarding proposed legislation a detailed statement of the impact of such legislation on: (1) U.S. international trade; and (2) the competitiveness of U.S. firms.
Requires the Secretary of Commerce to establish a National Trade Data Bank.
Requires the Secretary of Commerce to establish in the Department of Commerce the Competitiveness Development Program. Requires the Secretary of Commerce to carry out other specified actions regarding: (1) research and development needs of U.S. firms; (2) training and education programs to improve the competitiveness of U.S. industries; and (3) the reduction and elimination of Federal and State regulations that inhibit the marketing of U.S. goods and services.
Requires the Secretary of Commerce, upon the request of the head of a Federal department or agency or upon the motion of the Secretary of Commerce, to determine the effects on national security, essential commerce, and economic welfare of mergers, acquisitions, joint ventures, licensing, and takeovers by or with foreign persons which involve persons engaged in interstate commerce and of efforts by or with foreign persons to gain control of persons engaged in interstate commerce. Requires the Secretary of Commerce to advise the President if he finds that the control of such persons by foreign persons threatens to impair the national security and essential commerce.
Amends the Trade Act of 1974 to include within the term "discriminatory" any act, policy, or practice of a foreign country which denies access to foreign government-sponsored technology, research, or development.
Requires the Secretary of Commerce to prepare and submit to the Congress a report on bilateral trade issues between the United States and Mexico. Requires such report to: (1) identify tariff and nontariff barriers that inhibit trade between the United States and Mexico; (2) identify unilateral and bilateral actions that might be taken to reduce or eliminate such trade barriers; and (3) identify the effects on bilateral trade of a U.S.-Mexico development bank to encourage and coordinate economic development between the two countries.
Requires the USTR to initiate an investigation regarding the acts, policies, and practices of the government of Japan and of entities which are controlled by such government with respect to barriers in Japan to the offering by U.S. persons of architectural, engineering, construction, and consulting services in such country.
Requires the Secretary of Commerce to report to the President and the Congress recommendations for actions to address any impact of imports of crude oil and petroleum products on domestic crude oil exploration and production.
Expresses the sense of the Congress that the President should evaluate the impact on U.S. competitiveness of the defense spending by foreign countries, particularly Japan.
Authorizes appropriations for FY 1988 through 1992 to enable the Secretary of Commerce to make grants to a consortium of U.S. persons engaged in the manufacture of semiconductors.
Requires each U.S. person to report to the Secretary of Commerce on each contract to export U.S. goods and services which: (1) involves at least $2,000,000; (2) requires countertrade or offsets as a condition to such contract; and (3) is entered into with a foreign government or otherwise could not be entered into without the authorization of a government other than the U.S. Government.
Title IX: Ocean Transportation Practices - Ocean Transportation Practices Act of 1987 - Directs the Federal Maritime Commission to investigate whether unfair practices are used that affect transportation in the foreign waterborne commerce of the United States. Requires the Commission to find an unfair practice when the acts, policies, or practices of a foreign country unreasonably impair the transportation of goods in the foreign commerce of the United States by documented vessels. Outlines further standards to be used by the Commission in making such determinations. Outlines action to be taken by the Commission if an unfair trade practice is found to exist. Provides for civil liability for the owner of a foreign vessel found to be engaging in unfair trade practices if certain negotiated actions are not taken within a specified time period. Requires any final action by the Commission under this Act to be reported to the Congress in writing within 60 days. Authorizes appropriations for FY 1987.
Directs that any civil penalties collected as a result of enforcement of this Act are to be credited to the appropriation of the Federal Maritime Commission.
Title X: International Air Transportation Fair Competitive Practices - Amends the International Air Transportation Fair Competitive Practices Act of 1974 to reduce from 180 days to 90 days the Secretary of Transportation's aggregate period for taking action upon unfair competitive practices by a foreign air carrier or instrumentality of a foreign government. Cites conditions under which the Secretary is authorized to extend such period for an additional 90 days.
Instructs the Secretary, when considering any complaint or in any proceedings under the Secretary's own initiative, to solicit the views of the Department of Commerce and of the United States Trade Representative as well as of the Department of State (as under current law).
Directs the Secretary to report to certain congressional committees on actions taken with respect to such complaints.
Title XI: Small Business - Small Business Trade Competitiveness and Innovation Act - Amends the Small Business Act to declare the policy of the Congress that the Federal Government, through the SBA, acting in cooperation with the Department of Commerce and other relevant Federal agencies, should aid small business by: (1) enhancing their ability to export; (2) facilitating technology transfers; (3) enhancing their ability to compete against imports; and (4) increasing the access of small businesses to long-term capital.
Requires the Office of International Trade to cooperate with the Department of Commerce and other relevant Federal agencies, Small Business Development Centers, regional and local SBA offices, the small business community, and State and local export promotion programs to: (1) assist in developing a distribution network for existing trade promotion, trade finance, trade adjustment, and trade data collection programs; and (2) assist in the aggressive marketing of these programs to the small business community.
Requires the Office to develop a mechanism for: (1) identifying sub-sectors of the small business community with strong export potential; (2) identifying areas of demand in foreign markets; (3) prescreening foreign buyers for commercial and credit purposes; and (4) assisting in increasing international marketing by disseminating information regarding market leads, linking potential sellers and buyers, and catalyzing the formation of joint ventures.
Requires the Office to: (1) actively assist, in cooperation with the Department of Commerce, small businesses in the development and formation of export trading companies, export management companies, and research and development pools; (2) work with other Federal agencies, regional and local SBA offices, the Small Business Development Center network and the private sector to establish a pilot program which must include the identification and publication of existing translation services, the identification by name and language of each multilingual employee of the SBA, the establishment of a full-time position for one SBA regional office of a translator fluent in a language designated by the SBA who shall be available to translate any document, accompany any trade mission, and report within one year of selection to the SBA and the Small Business Committees of the House and Senate; (3) develop, by working with the Department of Commerce, a mechanism for collecting, analyzing, and updating relevant data regarding the small business share of U.S. exports and disseminating that data to the small business community, make recommendations to the Secretary regarding revision of the SIC code, improve the utility and accessibility of existing export promotion programs for small businesses, and increase the accessibility of the Export Trading Company contact facilitating service; and (4) make available to the small business community information regarding conferences on small business issues.
Requires the Office to facilitate the access of small businesses to export financing programs of the Export-Import Bank and the SBA's preexport financing programs by working with the Export-Import Bank, and the small business community to: (1) aggressively market existing Administration export financing and preexport financing programs; (2) identify financing available under Export-Import Bank programs; (3) assist in the development of financial intermediaries; (4) promote greater participation by private financial institutions; and (5) provide for the participation of appropriate Administration personnel in the Export-Import Bank's training programs.
Requires the Office to establish a Trade Assistance Division to: (1) work with other Federal agencies to assist small businesses in initiating, preparing for, and participating in any proceedings relating to the administration of the U.S. trade laws; (2) assist small businesses in collecting appropriate data necessary to continue trade remedity proceedings; and (3) work with the Department of Commerce, the Office of the United States Trade Representative, and the International Trade Commission to facilitate access to trade remedy procedures for small businesses.
Requires the Office to report to the Committees on Small Business of the House and Senate on a semiannual basis on the progress in implementing these requirements.
Requires the Office, in cooperation with the Division of Economic Research of the Office of Advocacy, and with other Federal agencies, to undertake studies and report to the Committees on Small Business of the House and Senate on: (1) the viability and cost of establishing an annual, competitive small business export incentive program similar to the Small Business Innovation Research Program; (2) methods of streamlining trade remedy proceedings to increase access for smaller firms; (3) methods of improving the current small business foreign sales corporation tax incentives; (4) the effects of State tax systems on the international competitiveness and export potential of small firms; and (5) methods of insuring greater representation of the small business community in GATT negotiations; (6) the volume and dollar amount of goods and services imported by U.S. trading partners over the past ten years, with recommendations on identifying export markets for U.S. small businesses; and (7) a survey of U.S. trading partners to identify the domestic policies, programs and incentives, and the private sector initiatives which encourage small business.
Amends the Small Business Act to expand SBA extensions and revolving lines of credit to include allowing small business export trading companies and small business export management companies to develop foreign markets. Increases the extension or revolving line of credit to three years (currently, 18 months). Requires the SBA, when considering loan or guarantee applications, to give weight to export-related benefits.
Authorizes appropriations for FY 1988 for Small Business Development Centers (SBDCs) to enhance exports by small businesses and technology transfer.
Amends the Small Business Act to authorize the SBA to make grants to small business enterprises for management and technical assistance for export promotion and technology transfer. Requires the SBDCs to work with the SBA's regional and local offices, the Department of Commerce, appropriate Federal, State, and local agencies, and the small business community to disseminate information about existing trade promotion, trade finance, trade adjustment and trade data collection programs for small businesses.
Allows SBDCs to apply to the SBA for an additional grant to be used solely to assist: (1) the development and enhancement of exports by small businesses; and (2) technology transfer. Requires applicants for such additional grants to provide matching funds. Prohibits any recipient from receiving a grant which would exceed its pro rata share of a program for a specified amount based upon the populations to be served by the SBDC as compared to the United States.
Expands the description of technology transfer services provided by the SBDC to include: (1) working to increase the access of small businesses to the capabilities of automated flexible manufacturing systems; (2) developing networks for technology transfer that encourage a partnership between small businesses and academic communities; and (3) exploring the viability of developing shared production facilities.
Expands the services provided by a SBDC to include: (1) assisting small businesses in exporting, in cooperation with the Department of Commerce, by identifying and developing export markets, developing linkages between U.S. small businesses and prescreened foreign buyers, assisting small businesses in obtaining export financing, reorienting marketing and production strategies, and establishing a State international trade center in cooperation with the State; (2) developing marketing and production strategies for small businesses that will enable them to compete in the domestic market; (3) developing a program in conjunction with the Export-Import Bank and local and regional SBA offices that will enable SBDCs to serve as a distribution network and service delivery mechanism for Bank financing programs; and (4) making translation services more readily available to small businesses by working with the small business community, small business consultants, State agencies, and universities.
Requires the SBDCs, in providing services, to cooperate with the SBA's regional and local offices, the local small business community, and State and local agencies. Requires the Deputy Associate Administrator of the SBDC program to develop mechanisms for sharing information between SBDCs or between SBDCs and program applicants. Requires the SBDCs to work with State agencies to develop a comprehensive plan for enhancing the export potential of small businesses located in the State.
Expands the SBA's participation in loans to small businesses to: (1) not less than 85 per cent of the financing outstanding at the time of disbursement for an industrial mortgage loan below a specified amount; and (2) less than 85 per cent of the financing if the mortgage exceeds the specified amount.
Prohibits loans where the total amount outstanding and committed solely for industrial mortgage loans to assist small businesses would exceed $1,000,000.
Authorizes the SBA to guarantee industrial mortgage loans to assist small businesses in the financing of the acquisition, construction, conversion, or expansion of plant or equipment to be used in the U.S. in the production of goods and services for international trade, provided that: (1) the loans are secured by a first lien; and (2) the lender agrees to sell the loan in the secondary market within a specified period.
Requires the SBA's Administrator to report to the Committees on Small Business of the House and Senate within six months of the enactment of this title on the viability of creating cooperative Federal-State guarantee programs to encourage States to coinsure Federal loans.
Requires the SBA's Administrator to report to the Committees on Small Business of the House and Senate within six months after the date of enactment of this title on the advisability of amending the Small Business Innovation Research (SBIR) program to: (1) increase each agency's share of research and development expenditures by a specified amount per year until it reaches a specified amount of the total extramural research and development funds, and targeting a portion of the increment at products with commercialization or export potential; (2) make the SBIR program permanent with a formal congressional review every ten years; (3) allocate a modest share of each agency's SBIR fund for administrative purposes; (4) determine annually that SBIR funding is not being accompanied by parallel reductions in other small business programs; and (5) create pooled solicitations of subjects submitted by agencies expending specified amounts on extramural research and development funds.
Requires the SBA's Administrator, within one year after he enactment of this title, to submit a report to the Committees on Small Business of the House and Senate, that would: (1) analyze the effect of increased outsourcing and other shift in production arrangements on small firms; (2) assess the impact of procurement, tax, trade, and other economic policies on facilitating outsourcing; and (3) recommend changes in government policy that would improve the competitive position of small U.S. subcontractors.
Requires the SBA to conduct a National Conference on Small Business Exports during 1988 to develop recommendations designed to stimulate exports from small companies. Provides that the Speaker of the House of Representatives and the majority leader of the Senate will appoint a specified percentage of the delegates to the Conference. Requires the Conference to bring together experts in international trade and small business development and representatives of small business, associations, the labor community, academic institutions, and Federal, State, and local governments.
Requires the Conference to make recommendations on an International Summit on Small Business and Trade that would: (1) develop a consensus regarding international and national institutional and policy changes needed to build an international small business sector; (2) establish linkages between small businesses in the U.S. and foreign countries; (3) enable U.S. small businesses to learn how others organize themselves for exporting (4) permit others to learn how U.S. small businesses operate; (5) provide small business participants the opportunity to better understand international trade policy; and (6) foster greater consideration of small business concerns in the GATT.
Title XII: Patented Processes - Process Patent Amendments Act of 1987 - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United State without authority a product produced by a process patented in the United States. Requires the infringer to know or be on notice that the product was made by a process patented in the United States before a process patent holder may recover damages.
Directs the Secretary of Commerce to report to the Congress annually for five years on the effect such restriction has on the importation of ingredients for U.S. manufacturing.
Introduced in House
Introduced in House
Referred to House Committee on Agriculture.
Referred to House Committee on Education and Labor.
Referred to House Committee on Foreign Affairs.
Referred to House Committee on Energy and Commerce.
Referred to House Committee on The Judiciary.
Referred to House Committee on Merchant Marine and Fisheries.
Referred to House Committee on Public Works and Transportation.
Referred to House Committee on Small Business.
Referred to House Committee on Ways and Means.
Executive Comment Requested from DOT, DOD, USTR, State, Commerce, Treasury, Fed Maritime Comm.
Referred to Subcommittee on Merchant Marine.
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See H.R.3.
See H.R.3.
For Further Action See H.R.3.
Referred to Subcommittee on Aviation.
Referred to Subcommittee on Monopolies and Commercial Law.
Executive Comment Received From Fed Maritime Comm.
Provisions of Measure Incorporated Into H.R.4848.