Persian Gulf Conflict Burden-Sharing Act of 1991

Persian Gulf Conflict Burden-Sharing Act of 1991 - Directs the President to determine whether each foreign country that receives trade benefits from the United States is making a commensurate contribution to the multinational military mobilization carried out in response to the Iraqi invasion of Kuwait.

Requires the President to impose an additional duty to dutiable products and a duty to duty-free products of countries that are found not to be contributing to the mobilization. Provides for the termination of such duties.

Establishes the Persian Gulf Conflict Reimbursement Fund to receive duties collected under this Act. Makes the Fund available solely to reimburse appropriations made to support U.S. participation in the mobilization.

 
S 563 IS
102d CONGRESS
1st Session
S. 563
To impose additional duties on the products of foreign countries if, and
during such time as, such countries do not make sufficient contributions to
the multinational military mobilization and operations being carried out in
response to the invasion of Kuwait by Iraq.
IN THE SENATE OF THE UNITED STATES
MARCH 5 (legislative day, FEBRUARY 6), 1991
Mr. BRYAN introduced the following bill; which was read twice and referred
to the Committee on Finance
A BILL
To impose additional duties on the products of foreign countries if, and
during such time as, such countries do not make sufficient contributions to
the multinational military mobilization and operations being carried out in
response to the invasion of Kuwait by Iraq.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Persian Gulf Conflict Burden-Sharing Act
  of 1991'.
SEC. 2. DEFINITIONS.
  For purposes of this Act:
  (1) The term `commensurate contribution' means, in the case of a foreign
  country, that--
  (A) such country is making a contribution to the multinational military
  mobilization and operations referred to in section 3; and
  (B) such contribution is commensurate with--
  (i) the extent of the economic benefit accruing to such country as a result
  of the securing of supplies of Persian Gulf area petroleum through such
  military mobilization and operations, and
  (ii) the ability of such country to contribute, taking into account
  (in addition to such other factors as the President considers relevant)
  the financial and economic capabilities of the country and the balance of
  trade of such country with the United States.
  (2) The term `entered' means entered, or withdrawn from warehouse for
  consumption, in the customs territory of the United States.
  (3) The term `foreign country' does not include any country that--
  (A) is party to a free trade area agreement with the United States;
  (B) is a beneficiary developing country under title V of the Trade Act of
  1974 (relating to a generalized system of preferences); or
  (C) is a beneficiary country under the Caribbean Basin Economic Recovery Act.
SEC. 3. PRESIDENTIAL DETERMINATIONS REGARDING MULTINATIONAL CONTRIBUTIONS
TO THE MILITARY MOBILIZATION AND OPERATIONS AGAINST IRAQI AGGRESSION.
  Within 60 days after the date of the enactment of this Act, the President
  shall determine whether each foreign country is making a commensurate
  contribution to the multinational military mobilization and operations
  being carried out in and around the Arabian Peninsula in response to the
  invasion of Kuwait by the armed forces of Iraq on August 2, 1990.
SEC. 4. ADDITIONAL DUTIES ON PRODUCTS OF COUNTRIES DETERMINED NOT TO BE
MAKING COMMENSURATE CONTRIBUTIONS.
  (a) IMPOSITION OF ADDITIONAL DUTIES- Subject to subsection (b), the President
  shall, with respect to any foreign country that is determined under section
  3 not to be making a commensurate contribution to the multinational military
  mobilization and operations referred to in such section--
  (1) apply to all of the dutiable products of that country an additional duty
  at the rate of 20 percent ad valorem or the specific rate equivalent; and
  (2) apply to all duty-free products of that country a duty of 20 percent
  ad valorem.
  (b) SPECIAL PROVISIONS- (1) The duties imposed under subsection (a) (1)
  and (2) on the products of a foreign country apply with respect to articles
  entered on or after the 30th day after the date on which the determination
  under section 3 regarding such country is made.
  (2) Duties may not be applied under subsection (a) (1) or (2) on--
  (A) articles that are duty-free; and
  (B) the value of articles or contents of United States origin that are
  exempt from duty;
under chapter 98 of the Tariff Schedule of the United States.
  (c) TERMINATION OF ADDITIONAL DUTIES- The duties imposed under subsection
  (a) (1) and (2) on the products of any foreign country shall cease to apply
  effective with respect to articles entered on or after the date on which--
  (1) the President determines that such country is making a commensurate
  contribution to the multinational military mobilization and operations
  referred to in section 3; or
  (2) such military mobilization and operations are terminated.
SEC. 5. DISPOSITION OF ADDITIONAL DUTIES.
  (a) IN GENERAL- There is established in the Treasury of the United States a
  fund to be known as the Persian Gulf Conflict Reimbursement Fund which shall
  be available, subject to appropriation Acts, only for the reimbursement
  of appropriations made to support the United States participation in the
  military mobilization and operations referred to in section 3.
  (b) DEPOSITS- There shall be deposited into the Fund established under
  subsection (a) all duties collected pursuant to section 4.
SEC. 6. REPORT.
  Not later than the 180th day after the date of the enactment of this Act,
  the President shall submit to the Congress a report on the implementation
  of this Act, including, with respect to each foreign country the products
  of which are subject to duties imposed under section 4(a) (1) and (2),
  the basis for the determination made under section 3 regarding that country
  and the amounts collected by reason of such duties.