In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Assurance in Drug Testing 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drug abuse in the workplace is a serious national 
        problem, and
            (2) drug testing can be an effective deterrent to drug 
        abuse when administered in a manner that provides for quality 
        assurance.

SEC. 3. QUALITY ASSURANCE IN DRUG TESTING.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following new title:

            ``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING

``SEC. 2701. LABORATORY CERTIFICATION STANDARDS.

    ``(a) Prohibition.--No individual may perform a toxicological 
analysis in connection with any drug testing program that is subject to 
this title unless such analysis is conducted in a laboratory certified 
under subsection (b).
    ``(b) Certification.--Not later than 1 year after the date of 
enactment of this title, the Secretary shall establish a program for 
certifying laboratories that meet standards for performing--
            ``(1) drug screening tests,
            ``(2) drug confirmatory tests, and
            ``(3) both drug screening and confirmatory tests.
    ``(c) Criteria.--In establishing standards for certification under 
subsection (b), the Secretary shall use criteria that will maximize the 
predictive value of the testing scheme and that take into consideration 
the practices, procedures, and experience of drug testing programs 
which the Secretary determines are conducted in accordance with 
appropriate standards and procedures.
    ``(d) Periodic Review.--At least once each year, the Secretary 
shall review, and where appropriate revise, the certification criteria 
established under subsection (b), taking into consideration the 
relevant scientific technical advances in the area of drug testing and 
revisions needed to reflect employer zero-drug tolerance practices.

``SEC. 2702. ANTI-DRUG ABUSE POLICY.

    ``(a) Written Policy.--As a condition of implementing or 
maintaining a drug testing program, an employer shall establish a 
written anti-drug abuse policy that shall contain, at a minimum, an 
explanation concerning the--
            ``(1) circumstances under which a drug test will be 
        administered, the procedures for notifying an employee of a 
        confirmed positive result, and a statement the policy will be 
        administered in a consistent and nondiscriminatory manner 
        without regard to whether the employee is employed in a 
        management or hourly capacity,
            ``(2) safeguards established for protecting the privacy of 
        individuals who are subject to testing, including chain custody 
        procedures and the limitations on disclosure of the results of 
        drug tests,
            ``(3) availability of any drug abuse treatment program,
            ``(4) penalties that may be imposed for a violation of the 
        anti-drug policy of the employer, and
            ``(5) procedures under which an applicant or employee shall 
        be given a reasonable opportunity to explain a confirmed 
        positive test result.
    ``(b) Notice.--An employer shall make a reasonable effort to 
provide notice of the written anti-drug abuse policy to applicants and 
employees subject to testing using whatever methods the employer 
determines to be appropriate.

``SEC. 2703. DRUG-FREE AWARENESS PROGRAM.

    ``In order for an employer to be permitted to implement or maintain 
a drug testing program, such employer shall establish, as part of such 
drug testing program, a drug-free awareness program designed to inform 
its employees concerning--
            ``(1) the dangers of drug abuse, both inside and outside of 
        the workplace,
            ``(2) the policy of the employer of maintaining a drug-free 
        workplace,
            ``(3) information as to the existence and availability of 
        counseling, employee assistance, rehabilitation, and other drug 
        abuse treatment programs of which the employer is aware, and
            ``(4) the penalties that may be imposed on applicants and 
        employees who test positive for the use of a drug, and for the 
        manufacture, distribution, dispensation, possession, or use of 
        a drug in the workplace of the employer.

``SEC. 2704. STANDARDS FOR DRUG TESTING.

    ``(a) Applicants.--Nothing in this title shall be construed to 
prohibit an employer from requiring, as a condition of employment, that 
an applicant submit to and pass a drug test based on criteria 
established by the employer that is designed to achieve a drug-free 
workplace. Refusal by an applicant to submit to such a test may be 
treated in the same manner as a failure to pass a drug test.
    ``(b) Employees.--Nothing in this title shall be construed to 
prohibit an employer from requiring an employee to submit to and pass a 
drug test--
            ``(1) where the employer has reasonable suspicion to 
        believe that the employee is using or under the influence of a 
        drug,
            ``(2) where such test is administered as part of a 
        scheduled medical examination,
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, serious bodily injury, 
        or significant property damage,
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the completion of a drug abuse treatment 
        program, or
            ``(5) in the case of sensitive employee positions, work 
        units, locations, or facilities where drug abuse has been 
        identified as a problem, on a random basis.
    ``(c) Definition.--As used in this title, the term `random' means 
the selection of individuals for testing based on a nondiscriminatory 
impartial methods so that no employee is harassed or treated 
differently from other employees in similar circumstances.

``SEC. 2505. EMPLOYEE PROTECTIONS.

    ``(a) Prohibitions.--In the case of an applicant or employee, it 
shall be a violation of this title--
            ``(1) for an employer to fail to make reasonable efforts to 
        inform the applicant or employee as to the drug testing policy 
        of the employee,
            ``(2) for an employer to take any adverse action based on 
        the unconfirmed positive results of a drug test, except as 
        provided in subsection (c),
            ``(3) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to be informed of a confirmed positive 
        drug test result, and
            ``(4) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to explain the results of a confirmed 
        positive test result.
    ``(b) Antiretaliation Prohibition.--It shall be a violation of this 
title for an employer to take retaliatory action against an employee 
because of the exercise by the employee of any right granted or 
protected under this title.
    ``(c) Exception for Sensitive Employees.--Pending the receipt of 
the results of a confirmatory drug test, an employer may transfer or 
reassign an employee in a sensitive position to another area or 
position without any loss in compensation to such employee if the 
initial drug test result is positive. If a confirmatory test of such 
employee is negative, such employee shall be entitled to immediate 
reinstatement to the position from which such employee has been 
transferred or reassigned.

``SEC. 2706. CONFIDENTIALITY.

    ``(a) In General.--An individual, other than the applicant or 
employee who is the subject of a drug test, shall not disclose 
information obtained as a result of a drug test, except as provided in 
subsection (b).
    ``(b) Permitted Disclosures.--An employer, or individual conducting 
a drug test on behalf of an employer, may disclose information acquired 
from a drug test only to--
            ``(1) the applicant or employee taking such drug test or 
        any other individual specifically designated in writing by such 
        applicant or employee taking such drug test,
            ``(2) the employer, including the designated representative 
        of such employer, that requested such test,
            ``(3) any court, governmental agency, arbitrator, or 
        mediator, in accordance with Federal or State law, and
            ``(4) appropriate drug abuse treatment providers.

``SEC. 2707. EMPLOYER PRACTICES.

    ``(a) Safe Workplace.--Nothing in this title shall be construed to 
prohibit an employer from taking action necessary to ensure a safe 
workplace.
    ``(b) Drug-Free Workplace.--Nothing in this title shall be 
construed to prohibit an employer from taking action necessary, up to 
and including termination, in the case of applicant or employee--
            ``(1) whose drug test result is confirmed positive,
            ``(2) who refuses to take a drug test authorized under this 
        title, or
            ``(3) who tampers with or adulterates a drug testing 
        specimen.
    ``(c) Participation in Drug Abuse Treatment Program.--Nothing in 
this title shall be construed to prohibit an employer from requiring an 
employee to participate in, and satisfactorily complete, a drug 
treatment program as a condition of continued employment where the 
employee has tested confirmed positive for drugs, has refused to submit 
to a drug test, or has tampered with or adulterated a drug test 
specimen.
    ``(d) Sensitive Position.--Nothing in this title shall be construed 
to prohibit an employer from refusing to place an employee in, or 
reinstate such employee, to a sensitive position if such employee has 
tested confirmed positive for drug use.

``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS.

    ``As part of the drug-free awareness program established pursuant 
to section 2703, employers shall provide information to employees 
concerning the existence and availability of public and private drug 
counseling, employee assistance, rehabilitation, and other drug abuse 
treatment programs of which the employer is aware.

``SEC. 2709. REGULATIONS.

    ``Not later than 1 year after the date of enactment of this title, 
the Secretary shall--
            ``(1) establish a program for the certification of 
        laboratories for the performance of toxicological urinalysis 
        conducted for drug testing programs as described in this title, 
        and
            ``(2) issue such other rules and regulations as may be 
        necessary or appropriate to carry out this title.

``SEC. 2710. ENFORCEMENT AND RELIEF.

    ``(a) Laboratory Certification Standards.--The certification 
program established pursuant to section 2701(b) shall be enforced in 
accordance with the procedures and sanctions contained in subsections 
(g), (h), (i), (j), (k), and (l) of section 353.
    ``(b) Employee Complaints Charging Unlawful Discharge or 
Discrimination; Investigation Order.--
            ``(1) Complaint.--An employee who believes that such 
        employee has been charged or otherwise discriminated against by 
        an employer in violation of this title may, not later than 30 
        days after such action occurs, file (or have any individual 
        file on behalf of such employee) a complaint with the Secretary 
        of Labor (hereinafter referred to in this subsection as the 
        `Secretary') alleging that such discharge or discrimination 
        violates this title. On receipt of such complaint, the 
        Secretary shall notify the individual named in the complaint of 
        such filing.
            ``(2) Investigation and order.--
                    ``(A) Investigation.--On receipt of a complaint 
                filed under paragraph (1), the Secretary shall conduct 
                an investigation of the violation alleged in such 
                complaint. Not later than 30 days after the receipt of 
                such complaint, the Secretary shall complete such 
                investigation and shall notify in writing the employer 
                (and any individual acting on behalf of the employer) 
                as to the results of such investigation.
                    ``(B) Order.--Not later than 30 days after the 
                completion of such investigation, the Secretary shall, 
                unless the proceeding on the complaint is terminated by 
                the Secretary on the basis of a settlement entered into 
                by the Secretary and the employer alleged to have 
                committed such violation, issue an order either 
                providing the relief prescribed in this section or 
                denying the complaint. An order of the Secretary issued 
                under this subparagraph shall be made on the record 
                after notice and opportunity for public hearing.
            ``(3) Relief.--If, in response to a complaint filed under 
        paragraph (1), the Secretary determines that a violation of 
        this title has occurred, the Secretary shall order the employer 
        who committed such violation to provide such suitable relief as 
        the Secretary determines appropriate, including reinstatement, 
        promotion, and the payment of lost wages and benefits.
            ``(4) Review or order.--An employee or employer adversely 
        affected or aggrieved by an order issued under paragraph (2) 
        may obtain review of such order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred. The petition 
        for review shall be filed not later than 60 days after the 
        issuance of the order of the Secretary under paragraph (2). 
        Review by the Court of Appeals shall conform to chapter 7 of 
        Title 5, United States Code.
            ``(5) Failure to comply.--If an employee or employer fails 
        to comply with an order issued under paragraph (2), the 
        Secretary may file a civil action in the United States court 
        for the district in which the violation was found to occur to 
        enforce such order. Such court, in issuing any final order 
        under this subsection, may award the costs of litigation 
        (including reasonable attorney and expert witness fees) to the 
        prevailing party.
    ``(c) Affirmative Defense.--The good faith compliance of an 
employer with the standards and procedures established under this title 
shall constitute an affirmative defense against any complaint filed 
under subsection (b).
    ``(d) Construction.--Nothing in this title shall be construed to 
require an employer to establish a drug testing program for applicants 
or employees or make employment decisions based on such test results.

``SEC. 2711. EFFECT ON OTHER LAWS.

    ``(a) State Law.--This title shall preempt any State or local law, 
rule, regulation, order or standard that applies to the drug testing of 
an applicant or employee, or that relates to any matter addressed under 
this title. No State or local government shall adopt or enforce any 
law, rule, regulation, ordinance, standard or order relating to--
            ``(1) the certification of laboratories that perform drug 
        testing analysis with respect to such analysis,
            ``(2) requirements for the conduct of drug testing under 
        the certification program established under this title,
            ``(3) the conducting of employee or applicant drug testing 
        programs, or
            ``(4) any other matter relating to this title.
    ``(b) Other Federal Laws.--Nothing in this title shall be construed 
to prohibit the Secretary of Transportation or the Nuclear Regulatory 
Commission from issuing regulations with respect to drug and alcohol 
testing.

``SEC. 2712. EFFECTIVE DATE.

    ``This title shall become effective 2 years after the date of 
enactment of this title, except that the prohibition contained in 
section 2701(a) shall not take effect less than 1 year after 
establishment of the certification program required under section 
2701(b).

``SEC. 2713. DEFINITIONS.

    ``As used in this title:
            ``(1) Applicant.--The term `applicant' means any individual 
        who has submitted an application to an employer, whether 
        written or oral, for employment with such employer.
            ``(2) Drug.--The term `drug' means any controlled substance 
        listed in Scheduled I through V of section 202 of the 
        Controlled Substances Act (21 U.S.C. 812), alcohol, steroids, 
        and any other drug or medication that can interfere with 
        employment performance.
            ``(3) Drug abuse treatment program.--The term `drug abuse 
        treatment program' means a program, such as an employee 
        assistance program, designed to assist an individual in dealing 
        with problems caused by drug abuse.
            ``(4) Drug test.--The term `drug test' means any test 
        procedure used to take and analyze blood, breath, hair, urine 
        or other body fluids or materials for the purpose of detecting 
        the presence or absence of a drug or its metabolites.
            ``(5) Employee.--The term `employee' means an individual 
        employed by an employer.
    ``(f) Employer.--The term `employer' means an individual, 
partnership, corporation, association, or other entity (including the 
Federal Government), that employs one or more employees, and that is 
engaged in an industry affecting commerce.
    ``(g) Sensitive Employee.--The term `sensitive employee' means an 
individual employed in a position whose duties, as defined by the 
employer, involve responsibilities affecting such matters as national 
security, health, or safety, environment, or other responsibilities 
requiring a high degree of trust and confidence.

``SEC. 2714. PROFESSIONAL ATHLETES.

    ``For purposes of this title, professional athletes may be treated 
in the same manner as employees who meet the definition of section 
2714(g), except that professional athletes shall not be covered by 
section 2706(a).''.
Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act.  Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. 
Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. 
Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. 
Sets forth certain employee protections. 
Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. 
Sets forth procedures for employee complaints of unlawful discharge or discrimination.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Welfare Integrity Now for Children 
and Families Act of 2012'' or the ``WIN for Children and Families 
Act''.

SEC. 2. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS.

    (a) State Requirement.--Section 408(a) of the Social Security Act 
(42 U.S.C. 608(a)) is amended by adding at the end the following new 
paragraph:
            ``(12) State requirement to prevent unauthorized spending 
        of benefits.--
                    ``(A) In general.--A State to which a grant is made 
                under section 403 shall maintain policies and practices 
                as necessary to prevent assistance provided under the 
                State program funded under this part from being used in 
                any electronic benefit transfer transaction in--
                            ``(i) any liquor store;
                            ``(ii) any casino, gambling casino, or 
                        gaming establishment; or
                            ``(iii) any retail establishment which 
                        provides adult-oriented entertainment in which 
                        performers disrobe or perform in an unclothed 
                        state for entertainment.
                    ``(B) Definitions.--For purposes of subparagraph 
                (A)--
                            ``(i) Liquor store.--The term `liquor 
                        store' means any retail establishment which 
                        sells exclusively or primarily intoxicating 
                        liquor. Such term does not include a grocery 
                        store which sells both intoxicating liquor and 
                        groceries including staple foods (within the 
                        meaning of section 3(r) of the Food and 
                        Nutrition Act of 2008 (7 U.S.C. 2012(r))).
                            ``(ii) Casino, gambling casino, or gaming 
                        establishment.--The terms `casino', `gambling 
                        casino', and `gaming establishment' do not 
                        include a grocery store which sells groceries 
                        including such staple foods and which also 
                        offers, or is located within the same building 
                        or complex as, casino, gambling, or gaming 
                        activities.
                            ``(iii) Electronic benefit transfer 
                        transaction.--The term `electronic benefit 
                        transfer transaction' means the use of a credit 
                        or debit card service, automated teller 
                        machine, point-of-sale terminal, or access to 
                        an online system for the withdrawal of funds or 
                        the processing of a payment for merchandise or 
                        a service.''.
    (b) Penalty.--Section 409(a) of the Social Security Act (42 U.S.C. 
609(a)) is amended by adding at the end the following new paragraph:
            ``(16) Penalty for failure to enforce spending policies.--
                    ``(A) In general.--If, within 2 years after the 
                date of the enactment of the WIN for Children and 
                Families Act, any State has not reported to the 
                Secretary on such State's implementation of the 
                policies and practices required by section 408(a)(12), 
                or the Secretary determines, based on the information 
                provided in State reports, that any State has not 
                implemented and maintained such policies and practices, 
                the Secretary shall reduce, by an amount equal to 5 
                percent of the State family assistance grant, the grant 
                payable to such State under section 403(a)(1) for--
                            ``(i) the fiscal year immediately 
                        succeeding the year in which such 2-year period 
                        ends; and
                            ``(ii) each succeeding fiscal year in which 
                        the State does not demonstrate that such State 
                        has implemented and maintained such policies 
                        and practices.
                    ``(B) Reduction of applicable penalty.--The 
                Secretary may reduce the amount of the reduction 
                required under subparagraph (A) based on the degree of 
                noncompliance of the State.
                    ``(C) State not responsible for individual 
                violations.--Fraudulent activity by any individual in 
                an attempt to circumvent the policies and practices 
                required by section 408(a)(12) shall not trigger a 
                State penalty under subparagraph (A).''.
    (c) Conforming Amendment.--Section 409(c)(4) of the Social Security 
Act (42 U.S.C. 609(c)(4)) is amended by striking ``or (13)'' and 
inserting ``(13), or (16)''.

            Passed the House of Representatives February 1, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
Welfare Integrity Now for Children and Families Act of 2012 or WIN for Children and Families Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require a state to which a state family assistance grant is made to maintain policies and practices necessary to prevent the use of state TANF assistance in any electronic benefit transfer transaction in a liquor store, casino or gambling establishment, or strip club.

Defines "electronic benefit transfer transaction" as the use of a credit or debit card service, automated teller machine (ATM), point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

Establishes administrative penalties for states which have not reported on their implementation of or enforced such policies and practices.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Joint Antitrust Consultative 
Commission Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Antitrust laws are an important legal tool for opening 
        markets to international competition and defusing trade 
        tension.
            (2) All nations should make it a priority to enact and 
        vigorously enforce strong competition laws to benefit 
        consumers, encourage international competition and foster 
        growth in jobs, productivity, and investment.
            (3) Japanese antimonopoly law is similar to United States 
        antitrust law, partly as a result of its formulation during 
        America's post-World War II occupation of Japan. However, there 
        are observable differences in the respective antitrust 
        enforcement environments of Japan and the United States.
            (4) In Japan--
                    (A) the lenient interpretation and enforcement of 
                the antimonopoly law is insufficient to prevent 
                business practices which result in significant barriers 
                to foreign entry into the Japanese market;
                    (B) private antitrust lawsuits are very difficult 
                to file and virtually impossible to win in Japan 
                because of strict requirements stipulating proof of 
                damages;
                    (C) due to political and bureaucratic pressures, 
                criminal prosecution of antitrust violations rarely 
                occurs in Japan;
                    (D) many cartels are exempted and legal under the 
                antimonopoly law in Japan. The large number of exempted 
                and legal cartels contributes to an environment in 
                which illegal cartels become less subject to criticism 
                and scrutiny; and
                    (E) the Japan Fair Trade Commission's capacity to 
                enforce antimonopoly law is limited by the small size 
                of its staff and the status of the Commission in the 
                hierarchy of Japanese bureaucracies.
            (5) In the United States--
                    (A) corporations may be apprehensive about 
                participating in certain business activities such as 
                joint ventures or exclusive distributorship 
                arrangements due to uncertainties concerning the 
                enforcement of antitrust law; and
                    (B) the cost of antitrust litigation, including the 
                risk of treble damages, may have a negative impact on 
                United States corporate competitiveness.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to encourage a review of the antitrust policies of 
        Japan and the United States in the context of a changing global 
        economy and to foster ways of improving competition in both 
        countries;
            (2) to encourage the Japan Fair Trade Commission and the 
        United States Department of Justice and United States Federal 
        Trade Commission toward more comparable levels of enforcement 
        activity;
            (3) to ensure that the Japan Fair Trade Commission 
        increasingly enforces the antimonopoly law based upon antitrust 
        principles of protecting competition;
            (4) to encourage Japan to end unfair business practices 
        that result in market foreclosure to foreign competition;
            (5) to increase awareness of criminal antitrust enforcement 
        as a means of addressing anticompetitive business behavior in 
        Japan;
            (6) to encourage the government of Japan to increase the 
        investigative power of the Japan Fair Trade Commission; and
            (7) to encourage the government of Japan to reduce the 
        number of cartels exempted from the antimonopoly law.

SEC. 4. DEFINITIONS.

    In this Act--
            ``antimonopoly law'' means codes enforced by the Japan Fair 
        Trade Commission to promote fair and free competition by 
        prohibiting private monopolization, unreasonable restraint of 
        trade, and unfair business practices.
            ``antitrust policy'' means the general principles by which 
        government is guided in maintaining competition in commercial 
        activities.
            ``antitrust law'' means the body of statutes, court 
        decisions, and other law designed to ensure the existence of 
        competition in commercial activities. Antitrust law in the 
        United States protects trade and commerce from unlawful 
        restraints such as price fixing, exclusive dealings, and 
        monopolies.
            ``Commission'' means the United States-Japan Joint 
        Antitrust Consultative Commission established by section 5.

SEC. 5. JOINT ANTITRUST CONSULTATIVE COMMISSION.

    (a) Establishment.--There is established the ``United States-Japan 
Joint Antitrust Consultative Commission''.
    (b) American Delegation.--
            (1) Membership.--The American delegation to the Commission 
        shall be composed of the following members:
                    (A) Members of Congress:
                            (i) The chairman of the Committee on 
                        Finance of the Senate, or the chairman's 
                        designee.
                            (ii) The ranking minority member of the 
                        Committee on Finance of the Senate, or the 
                        ranking minority member's designee.
                            (iii) The chairman of the Committee on Ways 
                        and Means of the House of Representatives, or 
                        the chairman's designee.
                            (iv) The ranking minority member of the 
                        Committee on Ways and Means of the House of 
                        Representatives, or the ranking minority 
                        member's designee.
                            (v) The chairman of the Committee on the 
                        Judiciary of the Senate, or the chairman's 
                        designee.
                            (vi) The ranking minority member of the 
                        Committee on the Judiciary of the Senate, or 
                        the ranking minority member's designee.
                            (vii) The chairman of the Committee on the 
                        Judiciary of the House of Representatives, or 
                        the chairman's designee.
                            (viii) The ranking minority member of 
                        Committee on the Judiciary of the House of 
                        Representatives, or the ranking minority 
                        member's designee.
                            (ix) The chairman of the Committee on 
                        Commerce, Science, and Transportation of the 
                        Senate, or the chairman's designee.
                            (x) The ranking minority member of the 
                        Committee on Commerce, Science and 
                        Transportation of the Senate, or the ranking 
                        minority member's designee.
                            (xi) The chairman of the Committee on 
                        Energy and Commerce of the House of 
                        Representatives, or the chairman's designee.
                            (xii) The ranking minority member of the 
                        Committee on Energy and Commerce of the House 
                        of Representatives, or the ranking minority 
                        member's designee.
                    (B) Executive officers:
                            (i) The Attorney General, or the Attorney 
                        General's designee.
                            (ii) The chairman of the Federal Trade 
                        Commission, or the chairman's designee.
                            (iii) The Secretary of State, or the 
                        Secretary's designee.
                            (iv) The Secretary of the Treasury, or the 
                        Secretary's designee.
                            (v) The Secretary of Commerce, or the 
                        Secretary's designee.
                            (vi) The United States Trade 
                        Representative, or the Trade Representative's 
                        designee.
            (2) Lead representative.--(A) The Attorney General, or the 
        Attorney General's designee, shall be the American delegation's 
        lead representative.
            (B) The lead representative shall--
                    (i) contact the Japanese lead representative to--
                            (I) set an agenda for the Commission's 
                        meetings; and
                            (II) set mutually convenient annual meeting 
                        dates;
                    (ii) supervise the establishment, procedures, and 
                structure of the Commission with the Japanese lead 
                representative, except such procedures shall allow 
                representatives of industries discussed at such 
                meetings an opportunity to present their views;
                    (iii) assemble and maintain the reports, records, 
                and other papers of the Commission for use by the 
                American delegation and the public; and
                    (iv) institute the comprehensive review required by 
                section 8.
    (c) Japanese Delegation.--
            (1) Contingency on commencement of activities.--The 
        commencement of activities under this Act by the American 
        delegation to the Commission is contingent on the creation by 
        the appropriate Japanese officials of a Japanese delegation 
        with representation from an appropriate range of institutions 
        and interests that participate in antitrust activities in 
        Japan, as determined by the lead representative of the American 
        delegation.
            (2) Membership.--It is the sense of Congress that the 
        Japanese delegation should have the same number of members as 
        the American delegation and be composed of representatives of 
        public, private, and other organizations involved in antitrust 
        activities in Japan. It is the sense of the Congress that such 
        a delegation should at a minimum include the following members:
                    (A) Members of the Diet:
                            (i) The chairman of the Budget Committee of 
                        the House of Representatives, or the chairman's 
                        designee.
                            (ii) The ranking member of the main 
                        opposition party of the Budget Committee of the 
                        House of Representatives, or the ranking 
                        member's designee.
                            (iii) The Budget Committee chairman of the 
                        House of Councillors, or the chairman's 
                        designee.
                            (iv) The ranking member of the main 
                        opposition party of the Budget Committee of the 
                        House of Councillors, or the ranking member's 
                        designee.
                            (v) The chairman of the Commerce Committee 
                        of the House of Representatives, or the 
                        chairman's designee.
                            (vi) The ranking member of the main 
                        opposition party of the Commerce Committee of 
                        the House of Representatives, or the ranking 
                        member's designee.
                            (vii) The chairman of the Commerce 
                        Committee of the House of Councillors, or the 
                        chairman's designee.
                            (viii) The ranking member of the main 
                        opposition party of the Commerce Committee of 
                        the House of Councillors, or the ranking 
                        member's designee.
                            (ix) The chairman of the Judiciary 
                        Committee of the House of Representatives, or 
                        the chairman's designee.
                            (x) The ranking member of the main 
                        opposition party of the Judiciary Committee of 
                        the House of Representatives, or the ranking 
                        member's designee.
                            (xi) The chairman of the Judiciary 
                        Committee of the House of Councillors, or the 
                        chairman's designee.
                            (xii) The ranking member of the main 
                        opposition party of the Judiciary Committee of 
                        the House of Councillors, or the ranking 
                        member's designee.
                    (B) Executive officers:
                            (i) The chairman of the Japan Fair Trade 
                        Commission, or the chairman's designee, and 1 
                        additional commissioner of the chairman's 
                        choice, or that commissioner's designee.
                            (ii) The Minister of Finance, or the 
                        Minister's designee.
                            (iii) The Minister of International Trade 
                        and Industry, or the Minister's designee.
                            (iv) The Minister of Foreign Affairs, or 
                        the Minister's designee.
                            (v) The Minister of Justice, or the 
                        Minister's designee.
            (3) Lead representative.--It is the sense of Congress that 
        the Prime Minister, or the Prime Minister's designee, should 
        appoint 1 of the members of the Japanese delegation as a lead 
        representative to contact the United States lead representative 
        to--
                    (A) set an agenda for the Commission's meetings;
                    (B) set mutually convenient annual meeting dates; 
                and
                    (C) perform such other duties as may be assigned to 
                the lead representative.
    (d) Meetings.--The Commission shall convene annually, with the 
first meeting to take place in Washington, D.C., in 1994 and the site 
of the meeting to alternate thereafter between the United States and 
Japan.
    (e) Federal Advisory Committee Act.--The Commission shall not be 
considered to be an advisory committee under the Federal Advisory 
Committee Act (5 U.S.C. App.).

SEC. 6. COMMISSION FUNCTIONS.

    The Commission shall--
            (1) discuss and make recommendations on long-term 
        structural differences in antitrust policy and short-term 
        antitrust disputes; and
            (2) serve as an open forum to promote more coherent 
        enforcement of antitrust law in Japan and the United States.

SEC. 7. REPORT.

    The recommendations and findings of the Commission, reflecting the 
major views expressed during the deliberations of the Commission, shall 
be completed and made public through issuance of a report in English by 
the agency from which the lead representative of the American 
delegation is selected, not more than 90 days after the Commission 
holds its annual meeting. It is the sense of Congress that the Japanese 
delegation should issue a Japanese language version of the report at 
the same time as the English language report is issued.

SEC. 8. COMPREHENSIVE REVIEW.

    The lead representative of the American delegation shall institute 
a comprehensive review of the activities and responsibilities of the 
Commission not later than 180 days after the second annual meeting of 
the Commission to determine--
            (1) whether the Commission is carrying out its purpose;
            (2) whether consistent with the purposes of this Act, 
        responsibilities assigned to the Commission should be revised; 
        and
            (3) whether the existence of the Commission should be 
        continued.

SEC. 9. COMPENSATION.

    Members of the American delegation to the Commission shall not be 
paid compensation for services performed on the Commission.

SEC. 10. PAYMENT OF EXPENSES.

    The expenses of departments and agencies of the executive branch 
and of members and committees of the Senate and of the House of 
Representatives in carrying out this Act, including travel expenses and 
expenses relating to preparation of the report under section 7, shall 
be paid out of general funds that are available and not specifically 
appropriated for other purposes.

Joint Antitrust Consultative Commission Act - Establishes the United States-Japan Joint Antitrust Consultative Commission to:  (1) discuss and make recommendations on long-term structural differences in antitrust policy and short-term antitrust disputes; and (2) serve as an open forum to promote more coherent enforcement of antitrust law in Japan and the United States. 
Requires the lead representative of the American delegation to institute a comprehensive review of the activities and responsibilities of the Commission within 180 days after its second annual meeting. 
Sets forth provisions regarding compensation and payment of expenses.