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H. R. 434
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the
twenty-fourth day of January, two thousand
(Continued)
TITLE III—NORMAL TRADE
RELATIONS
SEC. 301. NORMAL TRADE RELATIONS FOR ALBANIA.
(a) FINDINGS.—Congress makes the following
findings:
(1) Albania has been found to be in full
compliance with the freedom of emigration requirements under title IV of
the Trade Act of 1974.
(2) Since its emergence from communism,
Albania has made progress toward democratic rule and the creation of a
free-market economy.
(3) Albania has concluded a bilateral
investment treaty with the United States.
(4) Albania has demonstrated a strong
desire to build a friendly relationship with the United States and has
been very cooperative with NATO and the international community during
and after the Kosova crisis.
(5) The extension of unconditional normal
trade relations treatment to the products of Albania will enable the
United States to avail itself of all rights under the World Trade
Organization with respect to Albania when that country becomes a member
of the World Trade Organization.
(b) TERMINATION OF APPLICATION OF TITLE IV OF
THE TRADE ACT OF 1974 TO ALBANIA.—
(1) PRESIDENTIAL DETERMINATIONS AND
EXTENSIONS OF NONDISCRIMINATORY TREATMENT.—Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may—
(A) determine that such title should no
longer apply to Albania; and
(B) after making a determination under
subparagraph (A) with respect to Albania, proclaim the extension of
non-discriminatory treatment (normal trade relations treatment) to the
products of that country.
(2) TERMINATION OF APPLICATION OF TITLE
IV.—On or after the effective date of the extension under paragraph
(1)(B) of nondiscriminatory treatment to the products of Albania, title
IV of the Trade Act of 1974 shall cease to apply to that country.
SEC. 302. NORMAL TRADE RELATIONS FOR
KYRGYZSTAN.
(a) FINDINGS.—Congress makes the following
findings:
(1) Kyrgyzstan has been found to be in full
compliance with the freedom of emigration requirements under title IV of
the Trade Act of 1974.
(2) Since its independence from the Soviet
Union in 1991, Kyrgyzstan has made great progress toward democratic rule
and toward creating a free-market economic system.
(3) Kyrgyzstan concluded a bilateral
investment treaty with the United States in 1994.
(4) Kyrgyzstan has demonstrated a strong
desire to build a friendly and cooperative relationship with the United
States.
(5) The extension of unconditional normal
trade relations treatment to the products of Kyrgyzstan will enable the
United States to avail itself of all rights under the World Trade
Organization with respect to Kyrgyzstan.
(b) TERMINATION OF APPLICATION OF TITLE IV OF
THE TRADE ACT OF 1974 TO KYRGYZSTAN.—
(1) PRESIDENTIAL DETERMINATIONS AND
EXTENSIONS OF NONDISCRIMINATORY TREATMENT.—Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may—
(A) determine that such title should no
longer apply to Kyrgyzstan; and
(B) after making a determination under
subparagraph (A) with respect to Kyrgyzstan, proclaim the extension of
nondiscriminatory treatment (normal trade relations treatment) to the
products of that country.
(2) TERMINATION OF APPLICATION OF TITLE
IV.—On or after the effective date of the extension under paragraph
(1)(B) of nondiscriminatory treatment to the products of Kyrgyzstan,
title IV of the Trade Act of 1974 shall cease to apply to that country.
TITLE IV—OTHER TRADE
PROVISIONS
SEC. 401. REPORT ON EMPLOYMENT AND TRADE
ADJUSTMENT ASSISTANCE.
(a) IN GENERAL.—Not later than 9 months after
the date of the enactment of this section, the Comptroller General of the
United States shall submit to Congress a report regarding the efficiency
and effectiveness of Federal and State coordination of employment and
retraining activities associated with the following programs and
legislation:
(1) Trade adjustment assistance (including
NAFTA trade adjustment assistance) provided for under title II of the
Trade Act of 1974.
(2) The Job Training Partnership Act.
(3) The Workforce Investment Act of 1998.
(4) Unemployment insurance.
(b) PERIOD COVERED.—The report shall cover
the activities involved in the programs and legislation listed in
subsection (a) from January 1, 1994, to December 31, 1999.
(c) DATA AND RECOMMENDATIONS.—The report
shall at a minimum include specific data and recommendations regarding—
(1) the compatibility of program
requirements related to the employment and retraining of dislocated
workers in the United States, with particular emphasis on the trade
adjustment assistance programs provided for under title II of the Trade
Act of 1974;
(2) the compatibility of application
procedures related to the employment and retraining of dislocated
workers in the United States;
(3) the capacity of the programs in
addressing foreign trade and the transfer of production to other
countries on workers in the United States measured in terms of loss of
employment and wages;
(4) the capacity of the programs in
addressing foreign trade and the transfer of production to other
countries on secondary workers in the United States measured in terms of
loss of employment and wages;
(5) how the impact of foreign trade and the
transfer of production to other countries would have changed the number
of beneficiaries covered under the trade adjustment assistance program
if the trade adjustment assistance program covered secondary workers in
the United States; and
(6) the effectiveness of the programs
described in subsection (a) in achieving reemployment of United States
workers and maintaining wage levels of United States workers who have
been dislocated as a result of foreign trade and the transfer of
production to other countries.
SEC. 402. TRADE ADJUSTMENT ASSISTANCE.
(a) CERTIFICATION OF ELIGIBILITY FOR WORKERS
REQUIRED FOR DECOMMISSIONING OR CLOSURE OF FACILITY.—
(1) IN GENERAL.—Notwithstanding any other
provision of law or any decision by the Secretary of Labor denying
certification or eligibility for certification for adjustment assistance
under title II of the Trade Act of 1974, a qualified worker described in
paragraph (2) shall be certified by the Secretary as eligible to apply
for adjustment assistance under such title II.
(2) QUALIFIED WORKER.—For purposes of this
subsection, a ‘‘qualified worker’’ means a worker who—
(A) was determined to be covered under
Trade Adjustment Assistance Certification TA–W–28,438; and
(B) was necessary for the decommissioning
or closure of a nuclear power facility.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment of this Act.
SEC. 403. RELIQUIDATION OF CERTAIN NUCLEAR FUEL
ASSEMBLIES.
(a) IN GENERAL.—Notwithstanding section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law,
upon proper request filed with the Secretary of the Treasury not later
than 90 days after the date of the enactment of this Act, the Secretary
shall—
(1) reliquidate as free of duty the entries
listed in sub-section (b); and
(2) refund any duties paid with respect to
such entries as shown on Customs Service Collection Receipt Number
527006753.
(b) ENTRIES.—The entries referred to in
subsection (a) are as follows:
Entry number |
Date of entry |
062–2320014–5 |
...................................
January 16, 1996 |
062–2320085–5 |
...................................
February 13, 1996 |
839–4030989–7 |
...................................
November 25, 1996 |
839–4031053–1 |
...................................
December 2, 1996 |
839–4031591–0 |
...................................
January 21, 1997. |
SEC. 404. REPORTS TO THE FINANCE AND WAYS AND
MEANS COMMITTEES.
(a) REPORTS REGARDING INITIATIVES TO UPDATE
THE INTERNATIONAL MONETARY FUND.—Section 607 of the Foreign Operations,
Export Financing, and Related Appropriations Act, 1999 (as contained in
section 101(d) of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999) (Public Law 105–277; 112 Stat.
2681–224), relating to international financial programs and reform, is
amended—
(1) by inserting ‘‘Finance,’’ after
‘‘Foreign Relations,’’; and
(2) by inserting ‘‘, Ways and Means,’’
before ‘‘and Banking and Financial Services’’.
(b) REPORTS ON FINANCIAL STABILIZATION
PROGRAMS.—Section 1704(b) of the International Financial Institutions Act
(22 U.S.C. 262r–3(b)) is amended to read as follows:
‘‘(b) TIMING.—Not later than March 15, 1999, and
semiannually thereafter, the Secretary of the Treasury shall submit to the
Committees on Banking and Financial Services, Ways and Means, and
International Relations of the House of Representatives and the Committees
on Finance, Foreign Relations, and Banking, Housing, and Urban Affairs of
the Senate a report on the matters described in subsection (a).’’.
(c) ANNUAL REPORT ON THE STATE OF THE
INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND COMPLIANCE WITH IMF
AGREEMENTS.—Section 1705(a) of the International Financial Institutions
Act (22 U.S.C. 262r–4(a)) is amended by striking ‘‘Committee on Banking
and Financial Services of the House of Representatives and the Committee
on Foreign Relations of the Senate’’ and inserting ‘‘Committees on Banking
and Financial Services and on Ways and Means of the House of
Representatives and the Committees on Finance and on Foreign Relations of
the Senate’’.
(d) AUDITS OF THE IMF.—Section 1706(a) of the
International Financial Institutions Act (22 U.S.C. 262r–5(a)) is amended
by striking ‘‘Committee on Banking and Financial Services of the House of
Representatives and the Committee on Foreign Relations of the Senate’’ and
inserting ‘‘Committees on Banking and Financial Services and on Ways and
Means of the House of Representatives and the Committees on Finance and on
Foreign Relations of the Senate’’.
(e) REPORT ON PROTECTION OF BORDERS AGAINST
DRUG TRAFFIC.—Section 629 of the Treasury and General Government
Appropriations Act, 1999 (as contained in section 101(h) of division A of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999) (Public Law 105–277; 112 Stat. 2681– 522), relating to general
provisions, is amended by adding at the end the following new paragraph:
‘‘(3) For purposes of paragraph (1), the term
‘appropriate congressional committees’ includes the Committee on Finance
of the Senate and the Committee on Ways and Means of the House of
Representatives.’’.
SEC. 405. CLARIFICATION OF SECTION 334 OF THE
URUGUAY ROUND AGREEMENTS ACT.
(a) IN GENERAL.—Section 334(b)(2) of the
Uruguay Round Agreements Act (19 U.S.C. 3592(b)(2)) is amended—
(1) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(2) in the matter preceding clause (i) (as
redesignated), by striking ‘‘Notwithstanding paragraph (1)(D)’’ and
inserting "(A) Notwithstanding paragraph (1)(D) and except as provided
in subparagraphs (B) and (C)’’; and
(3) by adding at the end the following:
‘‘(B) Notwithstanding paragraph (1)(C), fabric
classified under the HTS as of silk, cotton, man-made fiber, or
vegetable fiber shall be considered to originate in, and be the growth,
product, or manufacture of, the country, territory, or possession in
which the fabric is both dyed and printed when accompanied by two or
more of the following finishing operations: bleaching, shrinking,
fulling, napping, decating, permanent stiffening, weighting, permanent
embossing, or moireing.
‘‘(C) Notwithstanding paragraph (1)(D), goods
classified under HTS heading 6117.10, 6213.00, 6214.00, 6302.22,
6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92,
6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95, except
for goods classified under such headings as of cotton or of wool or
consisting of fiber blends containing 16 percent or more by weight of
cotton, shall be considered to originate in, and be the growth, product,
or manufacture of, the country, territory, or possession in which the
fabric is both dyed and printed when accompanied by two or more of the
following finishing operations: bleaching, shrinking, fulling, napping,
decating, permanent stiffening, weighting, permanent embossing, or
moireing.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section apply to goods entered, or withdrawn from warehouse for
consumption, on or after the date of the enactment of this Act.
SEC. 406. CHIEF AGRICULTURAL NEGOTIATOR.
Section 141 of the Trade Act of 1974 (19 U.S.C.
2171) is amended—
(1) by amending subsection (b)(2) to read
as follows:
‘‘(2) There shall be in the Office three Deputy
United States Trade Representatives and one Chief Agricultural
Negotiator who shall be appointed by the President, by and with the
advice and consent of the Senate. As an exercise of the rule-making
power of the Senate, any nomination of a Deputy United States Trade
Representative or the Chief Agricultural Negotiator submitted to the
Senate for its advice and consent, and referred to a committee, shall be
referred to the Committee on Finance. Each Deputy United States Trade
Representative and the Chief Agricultural Negotiator shall hold office
at the pleasure of the President and shall have the rank of
Ambassador.’’; and
(2) in subsection (c), by adding at the end
the following new paragraph:
‘‘(5) The principal function of the Chief
Agricultural Negotiator shall be to conduct trade negotiations and to
enforce trade agreements relating to United States agricultural products
and services. The Chief Agricultural Negotiator shall be a vigorous
advocate on behalf of United States agricultural interests. The Chief
Agricultural Negotiator shall perform such other functions as the United
States Trade Representative may direct.’’.
SEC. 407. REVISION OF RETALIATION LIST OR OTHER
REMEDIAL ACTION.
Section 306(b)(2) of the Trade Act of 1974 (19 U.S.C.
2416(b)(2)) is amended—
(1) by striking ‘‘If the’’ and inserting
the following:
‘‘(A) FAILURE TO IMPLEMENT RECOMMENDATION.—If
the’’; and
(2) by adding at the end the following:
‘‘(B) REVISION OF RETALIATION LIST AND ACTION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), in the event that the United States initiates a retaliation list
or takes any other action described in section 301(c)(1)(A) or (B)
against the goods of a foreign country or countries because of the
failure of such country or countries to implement the recommendation
made pursuant to a dispute settlement proceeding under the World Trade
Organization, the Trade Representative shall periodically revise the
list or action to affect other goods of the country or countries that
have failed to implement the recommendation.
‘‘(ii) EXCEPTION.—The Trade Representative is
not required to revise the retaliation list or the action described in
clause (i) with respect to a country, if—
‘‘(I) the Trade Representative determines that
implementation of a recommendation made pursuant to a dispute
settlement proceeding described in clause (i) by the country is
imminent; or
‘‘(II) the Trade Representative together with
the petitioner involved in the initial investigation under this
chapter (or if no petition was filed, the affected United States
industry) agree that it is unnecessary to revise the retaliation
list.
‘‘(C) SCHEDULE FOR REVISING LIST OR ACTION.—The
Trade Representative shall, 120 days after the date the retaliation list
or other section 301(a) action is first taken, and every 180 days
thereafter, review the list or action taken and revise, in whole or in
part, the list or action to affect other goods of the subject country or
countries.
‘‘(D) STANDARDS FOR REVISING LIST OR ACTION.—In
revising any list or action against a country or countries under this
subsection, the Trade Representative shall act in a manner that is most
likely to result in the country or countries implementing the
recommendations adopted in the dispute settlement proceeding or in
achieving a mutually satisfactory solution to the issue that gave rise
to the dispute settlement proceeding. The Trade Representative shall
consult with the petitioner, if any, involved in the initial
investigation under this chapter.
‘‘(E) RETALIATION LIST.—The term ‘retaliation
list’ means the list of products of a foreign country or countries that
have failed to comply with the report of the panel or Appellate Body of
the WTO and with respect to which the Trade Representative is imposing
duties above the level that would otherwise be imposed under the
Harmonized Tariff Schedule of the United States.
‘‘(F) REQUIREMENT TO INCLUDE RECIPROCAL GOODS ON
RETALIATION LIST.—The Trade Representative shall include on the
retaliation list, and on any revised lists, reciprocal goods of the
industries affected by the failure of the foreign country or countries
to implement the recommendation made pursuant to a dispute settlement
proceeding under the World Trade Organization, except in cases where
existing retaliation and its corresponding preliminary retaliation list
do not already meet this requirement.’’.
SEC. 408. REPORT ON TRADE ADJUSTMENT ASSISTANCE
FOR AGRICULTURAL COMMODITY PRODUCERS.
(a) IN GENERAL.—Not later than 4 months after
the date of the enactment of this Act, the Secretary of Labor, in
consultation with the Secretary of Agriculture and the Secretary of
Commerce, shall submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report that—
(1) examines the applicability to
agricultural commodity producers of trade adjustment assistance programs
established under title II of the Trade Act of 1974; and
(2) sets forth recommendations to improve
the operation of those programs as the programs apply to agricultural
commodity producers or to establish a new trade adjustment assistance
program for agricultural commodity producers.
(b) CONTENTS.—In preparing the report
required by subsection (a), the Secretary of Labor shall—
(1) assess the degree to which the existing
trade adjustment assistance programs address the adverse effects on
agricultural commodity producers due to price suppression caused by
increased imports of like or directly competitive agricultural
commodities; and
(2) examine the effectiveness of the
program benefits authorized under subchapter B of chapter 2 and chapter
3 of title II of the Trade Act of 1974 in remedying the adverse effects,
including price suppression, caused by increased imports of like or
directly competitive agricultural commodities.
(c) DEFINITIONS.—In this section:
(1) AGRICULTURAL COMMODITY.—The term
‘‘agricultural commodity’’ means any agricultural commodity, including
live-stock, fish or harvested seafood in its raw or natural state.
(2) AGRICULTURAL COMMODITY PRODUCER.—The
term ‘‘agricultural commodity producer’’ means any person who is engaged
in the production and sale of an agricultural commodity in the United
States and who owns or shares the ownership and risk of loss of the
agricultural commodity.
SEC. 409. AGRICULTURAL TRADE NEGOTIATING
OBJECTIVES AND CONSULTATIONS
WITH CONGRESS.
(a) FINDINGS.—Congress finds that—
(1) United States agriculture contributes
positively to the United States balance of trade and United States
agricultural exports support in excess of 1,000,000 United States jobs;
(2) United States agriculture competes
successfully worldwide despite the fact that United States producers are
at a competitive disadvantage because of the trade distorting support
and subsidy practices of other countries and despite the fact that
significant tariff and non-tariff barriers exist to United States
exports; and
(3) a successful conclusion of the current
World Trade Organization agricultural negotiations is critically
important to the United States agricultural sector.
(b) OBJECTIVES.—The agricultural trade
negotiating objectives of the United States with respect to the current
World Trade Organization agricultural negotiations include as matters of
the highest priority—
(1) the expeditious elimination of all
export subsidies world-wide while maintaining bona fide food aid and
preserving United States market development and export credit programs
that allow the United States to compete with other foreign export
promotion efforts;
(2) leveling the playing field for United
States producers of agricultural products by eliminating blue box
subsidies and disciplining domestic supports in a way that forces
producers to face world prices on all production in excess of domestic
food security needs while allowing the preservation of nontrade
distorting programs to support family farms and rural communities;
(3) the elimination of state trading
enterprises or the adoption of rigorous disciplines that ensure
operational transparency, competition, and the end of discriminatory
pricing practices, including policies supporting cross-subsidization and
price undercutting in export markets;
(4) affirming that the World Trade
Organization Agreement on the Application of Sanitary and Phytosanitary
Measures applies to new technologies, including biotechnology, and that
labeling requirements to allow consumers to make choices regarding
biotechnology products or other regulatory requirements may not be used
as disguised barriers to trade;
(5) increasing opportunities for United
States exports of agricultural products by reducing tariffs to the same
levels that exist in the United States or to lower levels and by
eliminating all non-tariff barriers, including—
(A) restrictive or trade distorting
practices, including those that adversely impact perishable or
cyclical products;
(B) restrictive rules in the
administration of tariff-rate quotas; and
(C) other barriers to agriculture trade,
including unjustified restrictions or commercial requirements
affecting new technologies, including biotechnology;
(6) eliminating government policies that
create price-depressing surpluses; and
(7) strengthening dispute settlement
procedures to ensure prompt compliance by foreign governments with their
World Trade Organization obligations including commitments not to
maintain unjustified restrictions on United States exports.
(c) CONSULTATION WITH CONGRESSIONAL
COMMITTEES.—
(1) CONSULTATION BEFORE OFFER MADE.—In
developing and before submitting an initial or revised negotiating
proposal that would reduce United States tariffs on agricultural
products or require a change in United States agricultural law, the
United States Trade Representative shall consult with the Committee on
Agriculture, Nutrition, and Forestry and the Committee on Finance of the
Senate and the Committee on Agriculture and the Committee on Ways and
Means of the House of Representatives.
(2) CONSULTATION WITH CONGRESSIONAL TRADE
ADVISERS.— Prior to and during the course of current negotiations on
agricultural trade, the United States Trade Representative shall consult
closely with the congressional trade advisers.
(3) CONSULTATION BEFORE AGREEMENT
INITIALED.—Not less than 48 hours before initialing an agreement reached
as part of current World Trade Organization agricultural negotiations,
the United States Trade Representative shall consult closely with the
committees referred to in paragraph (1) regarding—
(A) the details of the agreement;
(B) the potential impact of the agreement
on United States agricultural producers; and
(C) any changes in United States law
necessary to implement the agreement.
(4) DISCLOSURE OF COMMITMENTS.—Any
agreement or other understanding addressing agricultural trade with a
foreign government or governments (whether oral or in writing) that
relates to a trade agreement with respect to which Congress must enact
implementing legislation and that is not disclosed to Congress before
legislation implementing that agreement is introduced in either House of
Congress shall not be considered to be part of the agreement approved by
Congress and shall have no force and effect under United States law or
in any dispute settlement body.
(d) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) granting the President trade
negotiating authority is essential to the successful conclusion of the
new round of World Trade Organization agricultural negotiations;
(2) reaching a successful agreement on
agriculture should be the top priority of United States negotiators; and
(3) if by the conclusion of the
negotiations, the primary agricultural competitors of the United States
do not agree to reduce their trade distorting domestic supports and
eliminate export subsidies in accordance with the negotiating objectives
expressed in this section, the United States should take steps to
increase the leverage of United States negotiators and level the playing
field for United States producers.
SEC. 410. ENTRY PROCEDURES FOR FOREIGN TRADE
ZONE OPERATIONS.
(a) IN GENERAL.—Section 484 of the Tariff Act
of 1930 (19 U.S.C. 1484) is amended by adding at the end the following new
subsection:
‘‘(i) SPECIAL RULE FOR FOREIGN TRADE ZONE
OPERATIONS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law and except as provided in paragraph (3), all
merchandise (including merchandise of different classes, types, and
categories), withdrawn from a foreign trade zone during any 7-day
period, shall, at the option of the operator or user of the zone, be
the subject of a single estimated entry or release filed on or before
the first day of the 7-day period in which the merchandise is to be
withdrawn from the zone. The estimated entry or release shall be
treated as a single entry and a single release of merchandise for
purposes of section 13031(a)(9)(A) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)(A)) and all fee
exclusions and limitations of such section 13031 shall apply,
including the maximum and minimum fee amounts provided for under
subsection (b)(8)(A)(i) of such section. The entry summary for the
estimated entry or release shall cover only the merchandise actually
withdrawn from the foreign trade zone during the 7-day period.
‘‘(2) OTHER REQUIREMENTS.—The Secretary of the
Treasury may require that the operator or user of the zone—
‘‘(A) use an electronic data interchange
approved by the Customs Service—
‘‘(i) to file the entries described in
paragraph (1); and
‘‘(ii) to pay the applicable duties, fees,
and taxes with respect to the entries; and
‘‘(B) satisfy the Customs Service that
accounting, transportation, and other controls over the merchandise
are adequate to protect the revenue and meet the requirements of
other Federal agencies.
‘‘(3) EXCEPTION.—The provisions of paragraph (1)
shall not apply to merchandise the entry of which is prohibited by law
or merchandise for which the filing of an entry summary is required
before the merchandise is released from customs custody.
‘‘(4) FOREIGN TRADE ZONE; ZONE.—In this
subsection, the terms ‘foreign trade zone’ and ‘zone’ mean a zone
established pursuant to the Act of June 18, 1934, commonly known as
the Foreign Trade Zones Act (19 U.S.C. 81a et seq.).’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date that is 60 days after the date
of the enactment of this Act.
SEC. 411. GOODS MADE WITH FORCED OR INDENTURED
CHILD LABOR.
(a) IN GENERAL.—Section 307 of the Tariff Act
of 1930 (19 U.S.C. 1307) is amended by adding at the end the following new
sentence: ‘‘For purposes of this section, the term ‘forced labor or/ and
indentured labor’ includes forced or indentured child labor.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment of this Act.
SEC. 412. WORST FORMS OF CHILD LABOR.
(a) IN GENERAL.—Section 502(b)(2) of the
Trade Act of 1974 (19 U.S.C. 2462(b)(2)) is amended—
(1) by inserting after subparagraph (G) the
following new subparagraph:
‘‘(H) Such country has not implemented its
commitments to eliminate the worst forms of child labor.’’; and
(2) in the flush paragraph at the end, by
striking ‘‘and
(G)’’ and inserting ‘‘(G), and (H) (to the
extent described in section 507(6)(D))’’.
(b) DEFINITION OF WORST FORMS OF CHILD
LABOR.—Section 507 of the Trade Act of 1974 (19 U.S.C. 2467) is amended by
adding at the end the following new paragraph:
‘‘(6) WORST FORMS OF CHILD LABOR.—The term ‘worst
forms of child labor’ means—
‘‘(A) all forms of slavery or practices similar
to slavery, such as the sale or trafficking of children, debt bondage
and serfdom, or forced or compulsory labor, including forced or
compulsory recruitment of children for use in armed conflict;
‘‘(B) the use, procuring, or offering of a child
for prostitution, for the production of pornography or for
porno-graphic purposes;
‘‘(C) the use, procuring, or offering of a child
for illicit activities in particular for the production and
trafficking of drugs; and
‘‘(D) work which, by its nature or the
circumstances in which it is carried out, is likely to harm the
health, safety, or morals of children.
The work referred to in subparagraph (D) shall
be determined by the laws, regulations, or competent authority of the
beneficiary developing country involved.’’.
(c) ANNUAL REPORT.—Section 504 of the Trade
Act of 1974 (19 U.S.C. 2464) is amended by inserting ‘‘, including the
findings of the Secretary of Labor with respect to the beneficiary
country’s implementation of its international commitments to eliminate the
worst forms of child labor’’ before the end period.
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