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(2) 40 percent of such amounts shall be treated
as earnings of the Corporation and available for dis-
tribution as determined by the Board.
SEC. 305. TECHNICAL ASSISTANCE FOR LENDERS AND BOR-
ROWERS.
The Corporation shall, upon request, provide tech-
nical assistance and services, as appropriate and needed,
to lenders and borrowers under this title, and shall ensure
that such lenders and borrowers have ready access to ap-
propriate assistance in order to aid such lenders and bor-
rowers in achieving the purposes of this Act. The Corpora-
tion may charge fees for technical assistance and services
provided under this section in amounts sufficient to cover
the reasonable cost of such assistance and services. The
Corporation may waive such fees on a case-by-case basis.
SEC. 306. OUTREACH TO SPECIFIC AREAS.
The Corporation shall seek to ensure that qualified
concerns located in areas determined by the Secretary of
Commerce to—
(1) have a depressed economy or chronically
high unemployment,
(2) have been adversely affected by the loss of
jobs attributable to the North American Free Trade
Agreement, or
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(3) be designated Federal empowerment zones
or enterprise communities,
are notified of the availability assistance through the pro-
gram established under this title and, to the extent prac-
ticable, to encourage and facilitate the participation of
such qualified concerns in such program.
SEC. 307. LIABILITY.
Nothing in this title or in any other provision of law
imposes any liability on the United States with respect to
any obligations entered into, or stocks issued, or commit-
ments made, by the Corporation or any qualified concern
operating under the provisions of this title.
SEC. 308. INJUNCTIVE RELIEF.
If the Corporation determines that a qualified con-
cern has engaged, or is about to engage, in any acts or
practices which constitute a violation of any provision of
this title, or of any provision of a contract entered into
under authority provided under this title, the Corporation
may apply to the appropriate district court of the United
States for injunctive relief.
SEC. 309. PERFORMANCE MEASURES; ANNUAL REPORT.
(a) PERFORMANCE MEASURES.—The performance of
the program established under this title shall be evaluated
relative to progress made in achieving its purposes and
shall be measured in relevant and meaningful terms such
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as significant accomplishments in advancing technology,
businesses formed and financed, jobs created, taxes gen-
erated, licenses granted and maintained, capital invested,
and other criteria the Secretary may deem appropriate.
(b) ANNUAL REPORT.—The Secretary shall prepare
and submit annually a report to the Congress containing
a full and detailed account of operations under this title.
Such report shall include—
(1) an assessment of progress made in achiev-
ing the purposes of this subtitle;
(2) performance measures established under
subsection (a);
(3) an audit setting forth the amount, type, re-
cipient, and source of disbursements, receipts, and
losses sustained by the Corporation as a result of
operations under this title during the preceding fis-
cal year and since inception of the program;
(4) the Corporation’s plans to ensure the provi-
sion of financing to all areas of the country and to
all qualified concerns, and plans to notify and to en-
courage and facilitate the participation of qualified
concerns, including steps taken to accomplish those
goals;
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(5) steps taken by the Corporation to carry out
this title and to ensure compliance with statutory
and regulatory standards relating thereto; and
(6) recommendations with respect to program
changes, statutory changes, and other matters, in-
cluding tax incentives, to improve and facilitate the
operations of the Corporation and to encourage the
use of its financing facilities by qualified concerns.
TITLE IV—ALTERNATIVE MINIMUM TAX
ON CORPORATIONS IMPORTING PROD-
UCTS INTO THE UNITED STATES
SEC. 401. ALTERNATIVE MINIMUM TAX ON CORPORATIONS
IMPORTING PRODUCTS INTO THE UNITED
STATES AT ARTIFICIALLY INFLATED PRICES.
(a) IN GENERAL.—Subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to determination
of tax liability) is amended by adding at the end thereof
the following new part:
‘‘PART VIII—ALTERNATIVE MINIMUM TAX ON
CORPORATIONS 
IMPORTING 
PRODUCTS
INTO THE UNITED STATES AT ARTIFICIALLY
INFLATED PRICES
‘‘Sec. 59B. Alternative minimum tax on corporations importing
products into the United States at artificially in-
flated prices.
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‘‘SEC. 59B. ALTERNATIVE MINIMUM TAX ON CORPORA-
TIONS 
IMPORTING 
PRODUCTS 
INTO 
THE
UNITED STATES AT ARTIFICIALLY INFLATED
PRICES.
‘‘(a) IMPOSITION OF TAX.—In the case of a corpora-
tion to which this section applies, there is hereby imposed
an alternative minimum tax equal to 5 percent of net busi-
ness receipts of the corporation for the taxable year.
‘‘(b) TAXPAYERS TO WHICH SECTION APPLIES.—
This section shall apply to any corporation, foreign or do-
mestic, if—
‘‘(1) gross sales in the United States during the
tax year of parts or products manufactured by the
corporation, or any subsidiary or affiliate controlled
by the corporation, exceeded $10,000,000,
‘‘(2) during that same tax year parts or prod-
ucts manufactured by the corporation, or any sub-
sidiary or affiliate controlled by the corporation, with
a customs value in excess of $10,000,000 were im-
ported into the United States, and
‘‘(3) its tax obligation under this section ex-
ceeds its total tax obligation under all other sections
of the Internal Revenue Code of 1986.
‘‘(c) CREDIT FOR TAXES PAID.—There shall be a
nonrefundable credit against the taxes owed under this
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section equal to the total of all other taxes paid by the
corporation under the Internal Revenue Code of 1986.
‘‘(d) DEFINITIONS.—For purposes of this section:
‘‘(1) NET BUSINESS RECEIPTS.—The term ‘net
business receipts’ means the value of all parts or
products sold in the United States, excluding—
‘‘(A) the value of parts or products sold for
export,
‘‘(B) expenses paid for parts or products
produced in the United States,
‘‘(C) expenses paid for services performed
in the United States, and
‘‘(D) amounts paid for income, sales or use
taxes imposed by any State, or political subdivi-
sion thereof, or by the District of Columbia,
Puerto Rico, Guam or the Virgin Islands.
‘‘(2) SUBSIDIARY OR AFFILIATE CONTROLLED
BY THE CORPORATION.—An entity shall be consid-
ered to be a ‘subsidiary or affiliate controlled by the
corporation’ if the corporation owns 5 percent or
more of any class of stock of the entity or if the cor-
poration exercises control over a majority of the
board of directors of the entity.’’
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(b) CLERICAL AMENDMENT.—The table of parts for
such subchapter A is amended by adding at the end there-
of the following new item:
‘‘Part VIII.
Alternative minimum tax on corporations importing
products into the United States at artificially in-
flated prices.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1993.
TITLE V—MISCELLANEOUS PROVISIONS
SEC. 501. EFFECTIVE DATE.
This Act shall be effective upon enactment.
SEC. 502. SEPARABILITY.
If any provision of this Act, or any application of such
provision to any person or circumstance, shall be held in-
valid, the remainder of this Act, or the application of such
provision to person or circumstances other than those as
to which it is held invalid, shall not be affected thereby.
Æ
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