[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3450 Enrolled Bill (ENR)]
H.R.3450
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To implement the North American Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``North American Free
Trade Agreement Implementation Act''.
(b) Table of Contents.--

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TITLE I

-APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE NORTH

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Subtitle A--Safeguards
Part 1--Relief From Imports Benefiting From the Agreement

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TITLE II

-CUSTOMS PROVISIONS

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TITLE III

-APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part 2--Relief From Imports From All Countries

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Subtitle D--Temporary Entry of Business Persons

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Subtitle E--Standards
Part 1--Standards and Measures

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Subtitle F--Corporate Average Fuel Economy

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CASES
Subtitle A--Organizational, Administrative, and Procedural Provisions
Regarding the Implementation of Chapter 19 of the Agreement

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TITLE IV

-DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY

investigating authorities of NAFTA countries.

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law.
Subtitle B--Conforming Amendments and Provisions

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Subtitle A--NAFTA Transitional Adjustment Assistance Program

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TITLE V

-NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE AND OTHER PROVISIONS

Subtitle B--Provisions Relating to Performance Under the Agreement

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Subtitle C--Funding
Part 1--Customs User Fees

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certain taxes.
Subtitle D--Implementation of NAFTA Supplemental Agreements
Part 1--Agreements Relating to Labor and Environment

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Part 2--North American Development Bank and Related Provisions.

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Subtitle A--Improvements in Customs Enforcement

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TITLE VI

-CUSTOMS MODERNIZATION

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Subtitle B--National Customs Automation Program

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Subtitle C--Miscellaneous Amendments to the Tariff Act of 1930

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Subtitle D--Miscellaneous Provisions and Consequential and Conforming
Amendments to Other Laws

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For purposes of this Act:
(1) Agreement.--The term ``Agreement'' means the North American
Free Trade Agreement approved by the Congress under section 101(a).
(2) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule
of the United States.
(3) Mexico.--Any reference to Mexico shall be considered to be a
reference to the United Mexican States.
(4) NAFTA country.--Except as provided in section 202, the term
``NAFTA country'' means--
(A) Canada for such time as the Agreement is in force with
respect to, and the United States applies the Agreement to,
Canada; and
(B) Mexico for such time as the Agreement is in force with
respect to, and the United States applies the Agreement to,
Mexico.
(5) International trade commission.--The term ``International
Trade Commission'' means the United States International Trade
Commission.
(6) Trade representative.--The term ``Trade Representative''
means the United States Trade Representative.
AMERICAN FREE TRADE AGREEMENT

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TRADE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative Action.--
Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of
1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19
U.S.C. 2191), the Congress approves--
(1) the North American Free Trade Agreement entered into on
December 17, 1992, with the Governments of Canada and Mexico and
submitted to the Congress on November 4, 1993; and
(2) the statement of administrative action proposed to implement
the Agreement that was submitted to the Congress on November 4,
1993.
(b) Conditions for Entry Into Force of the Agreement.--The President
is authorized to exchange notes with the Government of Canada or Mexico
providing for the entry into force, on or after January 1, 1994, of the
Agreement for the United States with respect to such country at such
time as--
(1) the President--
(A) determines that such country has implemented the
statutory changes necessary to bring that country into
compliance with its obligations under the Agreement and has made
provision to implement the Uniform Regulations provided for
under article 511 of the Agreement regarding the interpretation,
application, and administration of the rules of origin, and
(B) transmits a report to the House of Representatives and
the Senate setting forth the determination under subparagraph
(A) and including, in the case of Mexico, a description of the
specific measures taken by that country to--
(i) bring its laws into conformity with the requirements
of the Schedule of Mexico in Annex 1904.15 of the Agreement,
and
(ii) otherwise ensure the effective implementation of
the binational panel review process under chapter 19 of the
Agreement regarding final antidumping and countervailing
duty determinations; and
(2) the Government of such country exchanges notes with the
United States providing for the entry into force of the North
American Agreement on Environmental Cooperation and the North
American Agreement on Labor Cooperation for that country and the
United States.

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LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No provision of
the Agreement, nor the application of any such provision to any
person or circumstance, which is inconsistent with any law of the
United States shall have effect.
(2) Construction.--Nothing in this Act shall be construed--
(A) to amend or modify any law of the United States,
including any law regarding--
(i) the protection of human, animal, or plant life or
health,
(ii) the protection of the environment, or
(iii) motor carrier or worker safety; or
(B) to limit any authority conferred under any law of the
United States, including section 301 of the Trade Act of 1974;
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Federal-state consultation.--
(A) In general.--Upon the enactment of this Act, the
President shall, through the intergovernmental policy advisory
committees on trade established under section 306(c)(2)(A) of
the Trade and Tariff Act of 1984, consult with the States for
the purpose of achieving conformity of State laws and practices
with the Agreement.
(B) Federal-state consultation process.--The Trade
Representative shall establish within the Office of the United
States Trade Representative a Federal-State consultation process
for addressing issues relating to the Agreement that directly
relate to, or will potentially have a direct impact on, the
States. The Federal-State consultation process shall include
procedures under which--
(i) the Trade Representative will assist the States in
identifying those State laws that may not conform with the
Agreement but may be maintained under the Agreement by
reason of being in effect before the Agreement entered into
force;
(ii) the States will be informed on a continuing basis
of matters under the Agreement that directly relate to, or
will potentially have a direct impact on, the States;
(iii) the States will be provided opportunity to submit,
on a continuing basis, to the Trade Representative
information and advice with respect to matters referred to
in clause (ii);
(iv) the Trade Representative will take into account the
information and advice received from the States under clause
(iii) when formulating United States positions regarding
matters referred to in clause (ii); and
(v) the States will be involved (including involvement
through the inclusion of appropriate representatives of the
States) to the greatest extent practicable at each stage of
the development of United States positions regarding matters
referred to in clause (ii) that will be addressed by
committees, subcommittees, or working groups established
under the Agreement or through dispute settlement processes
provided for under the Agreement.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Federal-State consultation process established by this
paragraph.
(2) Legal challenge.--No State law, or the application thereof,
may be declared invalid as to any person or circumstance on the
ground that the provision or application is inconsistent with the
Agreement, except in an action brought by the United States for the
purpose of declaring such law or application invalid.
(3) Definition of state law.--For purposes of this subsection,
the term ``State law'' includes--
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of
insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No person
other than the United States--
(1) shall have any cause of action or defense under--
(A) the Agreement or by virtue of Congressional approval
thereof, or
(B) the North American Agreement on Environmental
Cooperation or the North American Agreement on Labor
Cooperation; or
(2) may challenge, in any action brought under any provision of
law, any action or inaction by any department, agency, or other
instrumentality of the United States, any State, or any political
subdivision of a State on the ground that such action or inaction is
inconsistent with the Agreement, the North American Agreement on
Environmental Cooperation, or the North American Agreement on Labor
Cooperation.

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DATE OF, PROCLAIMED ACTIONS.
(a) Consultation and Layover Requirements.--If a provision of this
Act provides that the implementation of an action by the President by
proclamation is subject to the consultation and layover requirements of
this section, such action may be proclaimed only if--
(1) the President has obtained advice regarding the proposed
action from--
(A) the appropriate advisory committees established under
section 135 of the Trade Act of 1974, and
(B) the International Trade Commission;
(2) the President has submitted a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate that sets forth--
(A) the action proposed to be proclaimed and the reasons
therefor, and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning with the first day
on which the President has met the requirements of paragraphs (1)
and (2) with respect to such action, has expired; and
(4) the President has consulted with such Committees regarding
the proposed action during the period referred to in paragraph (3).
(b) Effective Date of Certain Proclaimed Actions.--Any action
proclaimed by the President under the authority of this Act that is not
subject to the consultation and layover requirements under subsection
(a) may not take effect before the 15th day after the date on which the
text of the proclamation is published in the Federal Register.

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AND INITIAL REGULATIONS.
(a) Implementing Actions.--After the date of the enactment of this
Act--
(1) the President may proclaim such actions; and
(2) other appropriate officers of the United States Government
may issue such regulations;
as may be necessary to ensure that any provision of this Act, or
amendment made by this Act, that takes effect on the date the Agreement
enters into force is appropriately implemented on such date, but no such
proclamation or regulation may have an effective date earlier than the
date of entry into force. The 15-day restriction in section 103(b) on
the taking effect of proclaimed actions is waived to the extent that the
application of such restriction would prevent the taking effect on the
date the Agreement enters into force of any action proclaimed under this
section.
(b) Initial Regulations.--Initial regulations necessary or
appropriate to carry out the actions proposed in the statement of
administrative action submitted under section 101(a)(2) to implement the
Agreement shall, to the maximum extent feasible, be issued within 1 year
after the date of entry into force of the Agreement; except that interim
or initial regulations to implement those Uniform Regulations regarding
rules of origin provided for under article 511 of the Agreement shall be
issued no later than the date of entry into force of the Agreement. In
the case of any implementing action that takes effect on a date after
the date of entry into force of the Agreement, initial regulations to
carry out that action shall, to the maximum extent feasible, be issued
within 1 year after such effective date.

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(a) Establishment of the United States Section.--The President is
authorized to establish within any department or agency of the United
States Government a United States Section of the Secretariat established
under chapter 20 of the Agreement. The United States Section, subject to
the oversight of the interagency group established under section 402,
shall carry out its functions within the Secretariat to facilitate the
operation of the Agreement, including the operation of chapters 19 and
20 of the Agreement and the work of the panels, extraordinary challenge
committees, special committees, and scientific review boards convened
under those chapters. The United States Section may not be considered to
be an agency for purposes of section 552 of title 5, United States Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year after fiscal year 1993 to the
department or agency within which the United States Section is
established the lesser of--
(1) such sums as may be necessary; or
(2) $2,000,000;
for the establishment and operations of the United States Section and
for the payment of the United States share of the expenses of binational
panels and extraordinary challenge committees convened under chapter 19,
and of the expenses incurred in dispute settlement proceedings under
chapter 20, of the Agreement.
(c) Reimbursement of Certain Expenses.--If, in accordance with Annex
2002.2 of the Agreement, the Canadian Section or the Mexican Section of
the Secretariat provides funds to the United States Section during any
fiscal year, as reimbursement for expenses by the Canadian Section or
the Mexican Section in connection with settlement proceedings under
chapter 19 or 20 of the Agreement, the United States Section may retain
and use such funds to carry out the functions described in subsection
(a).

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(a) Consultation.--The Trade Representative shall consult with the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate regarding the selection and
appointment of candidates for the rosters described in article 2009 of
the Agreement.
(b) Selection of Individuals With Environmental Expertise.--The
United States shall, to the maximum extent practicable, encourage the
selection of individuals who have expertise and experience in
environmental issues for service in panel proceedings under chapter 20
of the Agreement to hear any challenge to a United States or State
environmental law.

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TRADE AGREEMENT.
Section 501(c) of the United States-Canada Free-Trade Implementation
Act of 1988 (19 U.S.C. 2112 note) is amended to read as follows:
``(c) Termination or Suspension of Agreement.--
``(1) Termination of agreement.--On the date the Agreement
ceases to be in force, the provisions of this Act (other than this
paragraph and section 410(b)), and the amendments made by this Act,
shall cease to have effect.
``(2) Effect of agreement suspension.--An agreement by the
United States and Canada to suspend the operation of the Agreement
shall not be deemed to cause the Agreement to cease to be in force
within the meaning of paragraph (1).
``(3) Suspension resulting from nafta.--On the date the United
States and Canada agree to suspend the operation of the Agreement by
reason of the entry into force between them of the North American
Free Trade Agreement, the following provisions of this Act are
suspended and shall remain suspended until such time as the
suspension of the Agreement may be terminated:
``(A) Sections 204 (a) and (b) and 205(a).
``(B) Sections 302 and 304(f).
``(C) Sections 404, 409, and 410(b).''.

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(a) In General.--Section 101(a) may not be construed as conferring
Congressional approval of the entry into force of the Agreement for the
United States with respect to countries other than Canada and Mexico.
(b) Future Free Trade Area Negotiations.--
(1) Findings.--The Congress makes the following findings:
(A) Efforts by the United States to obtain greater market
opening through multilateral negotiations have not produced
agreements that fully satisfy the trade negotiating objectives
of the United States.
(B) United States trade policy should provide for additional
mechanisms with which to pursue greater market access for United
States exports of goods and services and opportunities for
export-related investment by United States persons.
(C) Among the additional mechanisms should be a system of
bilateral and multilateral trade agreements that provide greater
market access for United States exports and opportunities for
export-related investment by United States persons.
(D) The system of trade agreements can and should be
structured to be consistent with, and complementary to, existing
international obligations of the United States and ongoing
multilateral efforts to open markets.
(2) Report on significant market opening.--No later than May 1,
1994, and May 1, 1997, the Trade Representative shall submit to the
President, and to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
(hereafter in this section referred to as the ``appropriate
Congressional committees''), a report which lists those foreign
countries--
(A) that--
(i) currently provide fair and equitable market access
for United States exports of goods and services and
opportunities for export-related investment by United States
persons, beyond what is required by existing multilateral
trade agreements or obligations; or
(ii) have made significant progress in opening their
markets to United States exports of goods and services and
export-related investment by United States persons; and
(B) the further opening of whose markets has the greatest
potential to increase United States exports of goods and
services and export-related investment by United States persons,
either directly or through the establishment of a beneficial
precedent.
(3) Presidential determination.--The President, on the basis of
the report submitted by the Trade Representative under paragraph
(2), shall determine with which foreign country or countries, if
any, the United States should seek to negotiate a free trade area
agreement or agreements.
(4) Recommendations on future free trade area negotiations.--No
later than July 1, 1994, and July 1, 1997, the President shall
submit to the appropriate Congressional committees a written report
that contains--
(A) recommendations for free trade area negotiations with
each foreign country selected under paragraph (3);
(B) with respect to each country selected, the specific
negotiating objectives that are necessary to meet the objectives
of the United States under this section; and
(C) legislative proposals to ensure adequate consultation
with the Congress and the private sector during the
negotiations, advance Congressional approval of the negotiations
recommended by the President, and Congressional approval of any
trade agreement entered into by the President as a result of the
negotiations.
(5) General negotiating objectives.--The general negotiating
objectives of the United States under this section are to obtain--
(A) preferential treatment for United States goods;
(B) national treatment and, where appropriate, equivalent
competitive opportunity for United States services and foreign
direct investment by United States persons;
(C) the elimination of barriers to trade in goods and
services by United States persons through standards, testing,
labeling, and certification requirements;
(D) nondiscriminatory government procurement policies and
practices with respect to United States goods and services;
(E) the elimination of other barriers to market access for
United States goods and services, and the elimination of
barriers to foreign direct investment by United States persons;
(F) the elimination of acts, policies, and practices which
deny fair and equitable market opportunities, including foreign
government toleration of anticompetitive business practices by
private firms or among private firms that have the effect of
restricting, on a basis that is inconsistent with commercial
considerations, purchasing by such firms of United States goods
and services;
(G) adequate and effective protection of intellectual
property rights of United States persons, and fair and equitable
market access for United States persons that rely upon
intellectual property protection;
(H) the elimination of foreign export and domestic subsidies
that distort international trade in United States goods and
services or cause material injury to United States industries;
(I) the elimination of all export taxes;
(J) the elimination of acts, policies, and practices which
constitute export targeting; and
(K) monitoring and effective dispute settlement mechanisms
to facilitate compliance with the matters described in
subparagraphs (A) through (J).

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(a) Effective Dates.--
(1) In general.--This title (other than the amendment made by
section 107) takes effect on the date of the enactment of this Act.
(2) Section 107 amendment.--The amendment made by section 107
takes effect on the date the Agreement enters into force between the
United States and Canada.
(b) Termination of NAFTA Status.--During any period in which a
country ceases to be a NAFTA country, sections 101 through 106 shall
cease to have effect with respect to such country.

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(a) Tariff Modifications Provided for in the Agreement.--
(1) Proclamation authority.--The President may proclaim--
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment, or
(C) such additional duties,
as the President determines to be necessary or appropriate to carry
out or apply articles 302, 305, 307, 308, and 703 and Annexes 302.2,
307.1, 308.1, 308.2, 300-B, 703.2, and 703.3 of the Agreement.
(2) Effect on mexican gsp status.--Notwithstanding section
502(a)(2) of the Trade Act of 1974 (19 U.S.C. 2462(a)(2)), the
President shall terminate the designation of Mexico as a beneficiary
developing country for purposes of title V of the Trade Act of 1974
on the date of entry into force of the Agreement between the United
States and Mexico.
(b) Other Tariff Modifications.--
(1) In general.--Subject to paragraph (2) and the consultation
and layover requirements of section 103(a), the President may
proclaim--
(A) such modifications or continuation of any duty,
(B) such modifications as the United States may agree to
with Mexico or Canada regarding the staging of any duty
treatment set forth in Annex 302.2 of the Agreement,
(C) such continuation of duty-free or excise treatment, or
(D) such additional duties,
as the President determines to be necessary or appropriate to
maintain the general level of reciprocal and mutually advantageous
concessions with respect to Canada or Mexico provided for by the
Agreement.
(2) Special rule for articles with tariff phaseout periods of
more than 10 years.--The President may not consider a request to
accelerate the staging of duty reductions for an article for which
the United States tariff phaseout period is more than 10 years if a
request for acceleration with respect to such article has been
denied in the preceding 3 calendar years.
(c) Conversion to Ad Valorem Rates for Certain Textiles.--For
purposes of subsections (a) and (b), with respect to an article covered
by Annex 300-B of the Agreement imported from Mexico for which the base
rate in the Schedule of the United States in Annex 300-B is a specific
or compound rate of duty, the President may substitute for the base rate
an ad valorem rate that the President determines to be equivalent to the
base rate.

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(a) Definition of a Good Subject to NAFTA Drawback.--For purposes of
this Act and the amendments made by subsection (b), the term ``good
subject to NAFTA drawback'' means any imported good other than the
following:
(1) A good entered under bond for transportation and exportation
to a NAFTA country.
(2) A good exported to a NAFTA country in the same condition as
when imported into the United States. For purposes of this
paragraph--
(A) processes such as testing, cleaning, repacking, or
inspecting a good, or preserving it in its same condition, shall
not be considered to change the condition of the good, and
(B) except for a good referred to in paragraph 12 of section
A of Annex 703.2 of the Agreement that is exported to Mexico, if
a good described in the first sentence of this paragraph is
commingled with fungible goods and exported in the same
condition, the origin of the good may be determined on the basis
of the inventory methods provided for in the regulations
implementing this title.
(3) A good--
(A) that is--
(i) deemed to be exported from the United States,
(ii) used as a material in the production of another
good that is deemed to be exported to a NAFTA country, or
(iii) substituted for by a good of the same kind and
quality that is used as a material in the production of
another good that is deemed to be exported to a NAFTA
country, and
(B) that is delivered--
(i) to a duty-free shop,
(ii) for ship's stores or supplies for ships or
aircraft, or
(iii) for use in a project undertaken jointly by the
United States and a NAFTA country and destined to become the
property of the United States.
(4) A good exported to a NAFTA country for which a refund of
customs duties is granted by reason of--
(A) the failure of the good to conform to sample or
specification, or
(B) the shipment of the good without the consent of the
consignee.
(5) A good that qualifies under the rules of origin set out in
section 202 that is--
(A) exported to a NAFTA country,
(B) used as a material in the production of another good
that is exported to a NAFTA country, or
(C) substituted for by a good of the same kind and quality
that is used as a material in the production of another good
that is exported to a NAFTA country.
(6) A good provided for in subheading 1701.11.02 of the HTS that
is--
(A) used as a material, or
(B) substituted for by a good of the same kind and quality
that is used as a material,
in the production of a good provided for in existing Canadian tariff
item 1701.99.00 or existing Mexican tariff item 1701.99.01 or
1701.99.99 (relating to refined sugar).
(7) A citrus product that is exported to Canada.
(8) A good used as a material, or substituted for by a good of
the same kind and quality that is used as a material, in the
production of--
(A) apparel, or
(B) a good provided for in subheading 6307.90.99 (insofar as
it relates to furniture moving pads), 5811.00.20, or 5811.00.30
of the HTS,
that is exported to Canada and that is subject to Canada's most-
favored-nation rate of duty upon importation into Canada.
Where in paragraph (6) a good referred to by an item is described in
parentheses following the item, the description is provided for purposes
of reference only.
(b) Consequential Amendments With Delayed Effect.--
(1) Bonded manufacturing warehouses.--The last paragraph of
section 311 of the Tariff Act of 1930 (19 U.S.C. 1311) is amended to
read as follows:
``No article manufactured in a bonded warehouse from materials that
are goods subject to NAFTA drawback, as defined in section 203(a) of the
North American Free Trade Agreement Implementation Act, may be withdrawn
from warehouse for exportation to a NAFTA country, as defined in section
2(4) of that Act, without assessment of a duty on the materials in their
condition and quantity, and at their weight, at the time of importation
into the United States. The duty shall be paid before the 61st day after
the date of exportation, except that upon the presentation, before such
61st day, of satisfactory evidence of the amount of any customs duties
paid to the NAFTA country on the article, the customs duty may be waived
or reduced (subject to section 508(b)(2)(B)) in an amount that does not
exceed the lesser of--
``(1) the total amount of customs duties paid or owed on the
materials on importation into the United States, or
``(2) the total amount of customs duties paid on the article to
the NAFTA country.
If Canada ceases to be a NAFTA country and the suspension of the
operation of the United States-Canada Free-Trade Agreement thereafter
terminates, no article manufactured in a bonded warehouse, except to the
extent that such article is made from an article that is a drawback
eligible good under section 204(a) of the United States-Canada Free-
Trade Agreement Implementation Act of 1988, may be withdrawn from such
warehouse for exportation to Canada during the period such Agreement is
in operation without payment of a duty on such imported merchandise in
its condition, and at the rate of duty in effect, at the time of
importation.''.
(2) Bonded smelting and refining warehouses.--Section 312 of the
Tariff Act of 1930 (19 U.S.C. 1312) is amended--
(A) in paragraphs (1) and (4) of subsection (b), by striking
out the parenthetical matter and the final ``, or'' and by
adding at the end the following:
``; except that in the case of a withdrawal for exportation of such
a product to a NAFTA country, as defined in section 2(4) of the
North American Free Trade Agreement Implementation Act, if any of
the imported metal-bearing materials are goods subject to NAFTA
drawback, as defined in section 203(a) of that Act, the duties on
the materials shall be paid, and the charges against the bond
canceled, before the 61st day after the date of exportation; but
upon the presentation, before such 61st day, of satisfactory
evidence of the amount of any customs duties paid to the NAFTA
country on the product, the duties on the materials may be waived or
reduced (subject to section 508(b)(2)(B)) in an amount that does not
exceed the lesser of--
``(A) the total amount of customs duties owed on the
materials on importation into the United States, or
``(B) the total amount of customs duties paid to the NAFTA
country on the product, or'';
(B) by adding at the end of subsection (b) the following new
flush sentence.
``If Canada ceases to be a NAFTA country and the suspension of the
operation of the United States-Canada Free-Trade Agreement thereafter
terminates, no charges against such bond may be canceled in whole or
part upon an exportation to Canada under paragraph (1) or (4) during the
period such Agreement is in operation except to the extent that the
metal-bearing materials were of Canadian origin as determined in
accordance with section 202 of the United States-Canada Free-Trade
Agreement Implementation Act of 1988.''; and
(C) in subsection (d) by striking out the parenthetical
matter and by inserting before the period the following:
``; except that in the case of a withdrawal for exportation to a NAFTA
country, as defined in section 2(4) of the North American Free Trade
Agreement Implementation Act, if any of the imported metal-bearing
materials are goods subject to NAFTA drawback, as defined in section
203(a) of that Act, charges against the bond shall be paid before the
61st day after the date of exportation; but upon the presentation,
before such 61st day, of satisfactory evidence of the amount of any
customs duties paid to the NAFTA country on the product, the bond shall
be credited (subject to section 508(b)(2)(B)) in an amount not to exceed
the lesser of--
``(1) the total amount of customs duties paid or owed on the
materials on importation into the United States, or
``(2) the total amount of customs duties paid to the NAFTA
country on the product.
If Canada ceases to be a NAFTA country and the suspension of the
operation of the United States-Canada Free-Trade Agreement thereafter
terminates, no bond shall be credited under this subsection with respect
to an exportation of a product to Canada during the period such
Agreement is in operation except to the extent that the product is a
drawback eligible good under section 204(a) of the United States-Canada
Free-Trade Agreement Implementation Act of 1988''.
(3) Drawback.--Subsections (n) and (o) of section 313 of the
Tariff Act of 1930 (19 U.S.C. 1313 (n) and (o)) are amended to read
as follows:
``(n)(1) For purposes of this subsection and subsection (o)--
``(A) the term `NAFTA Act' means the North American Free Trade
Agreement Implementation Act;
``(B) the terms `NAFTA country' and `good subject to NAFTA
drawback' have the same respective meanings that are given such
terms in sections 2(4) and 203(a) of the NAFTA Act; and
``(C) a refund, waiver, or reduction of duty under paragraph (2)
of this subsection or paragraph (1) of subsection (o) is subject to
section 508(b)(2)(B).
``(2) For purposes of subsections (a), (b), (f), (h), (p), and (q),
if an article that is exported to a NAFTA country is a good subject to
NAFTA drawback, no customs duties on the good may be refunded, waived,
or reduced in an amount that exceeds the lesser of--
``(A) the total amount of customs duties paid or owed on the
good on importation into the United States, or
``(B) the total amount of customs duties paid on the good to the
NAFTA country.
``(3) If Canada ceases to be a NAFTA country and the suspension of
the operation of the United States-Canada Free-Trade Agreement
thereafter terminates, then for purposes of subsections (a), (b), (f),
(h), (j)(2), and (q), the shipment to Canada during the period such
Agreement is in operation of an article made from or substituted for, as
appropriate, a drawback eligible good under section 204(a) of the United
States-Canada Free-Trade Implementation Act of 1988 does not constitute
an exportation.
``(o)(1) For purposes of subsection (g), if--
``(A) a vessel is built for the account and ownership of a
resident of a NAFTA country or the government of a NAFTA country,
and
``(B) imported materials that are used in the construction and
equipment of the vessel are goods subject to NAFTA drawback,
the amount of customs duties refunded, waived, or reduced on such
materials may not exceed the lesser of the total amount of customs
duties paid or owed on the materials on importation into the United
States or the total amount of customs duties paid on the vessel to the
NAFTA country.
``(2) If Canada ceases to be a NAFTA country and the suspension of
the operation of the United States-Canada Free-Trade Agreement
thereafter terminates, then for purposes of subsection (g), vessels
built for Canadian account and ownership, or for the Government of
Canada, may not be considered to be built for any foreign account and
ownership, or for the government of any foreign country, except to the
extent that the materials in such vessels are drawback eligible goods
under section 204(a) of the United States-Canada Free-Trade
Implementation Act of 1988.''.
(4) Manipulation in warehouse.--Section 562 of the Tariff Act of
1930 (19 U.S.C. 1562) is amended--
(A) in the second sentence by striking out ``without payment
of duties--'' and inserting a dash;
(B) by striking out paragraphs (1), (2), and (3) and
inserting the following:
``(1) without payment of duties for exportation to a NAFTA
country, as defined in section 2(4) of the North American Free Trade
Agreement Implementation Act, if the merchandise is of a kind
described in any of paragraphs (1) through (8) of section 203(a) of
that Act;
``(2) for exportation to a NAFTA country if the merchandise
consists of goods subject to NAFTA drawback, as defined in section
203(a) of that Act, except that--
``(A) the merchandise may not be withdrawn from warehouse
without assessment of a duty on the merchandise in its condition
and quantity, and at its weight, at the time of withdrawal from
the warehouse with such additions to or deductions from the
final appraised value as may be necessary by reason of change in
condition, and
``(B) duty shall be paid on the merchandise before the 61st
day after the date of exportation, but upon the presentation,
before such 61st day, of satisfactory evidence of the amount of
any customs duties paid to the NAFTA country on the merchandise,
the customs duty may be waived or reduced (subject to section
508(b)(2)(B)) in an amount that does not exceed the lesser of--
``(i) the total amount of customs duties paid or owed on
the merchandise on importation into the United States, or
``(ii) the total amount of customs duties paid on the
merchandise to the NAFTA country;
``(3) without payment of duties for exportation to any foreign
country other than to a NAFTA country or to Canada when exports to
that country are subject to paragraph (4);
``(4) without payment of duties for exportation to Canada (if
that country ceases to be a NAFTA country and the suspension of the
operation of the United States-Canada Free-Trade Agreement
thereafter terminates), but the exemption from the payment of duties
under this paragraph applies only in the case of an exportation
during the period such Agreement is in operation of merchandise
that--
``(A) is only cleaned, sorted, or repacked in a bonded
warehouse, or
``(B) is a drawback eligible good under section 204(a) of
the United States-Canada Free-Trade Agreement Implementation Act
of 1988; and
``(5) without payment of duties for shipment to the Virgin
Islands, American Samoa, Wake Island, Midway Island, Kingman Reef,
Johnston Island or the island of Guam.''; and
(B) in the third sentence by striking out ``paragraph (1) of
the preceding sentence'' and inserting ``paragraph (4) of the
preceding sentence''.
(5) Foreign trade zones.--Section 3(a) of the Act of June 18,
1934 (commonly known as the ``Foreign Trade Zones Act''; 19 U.S.C.
81c(a)) is amended--
(A) in the last proviso--
(i) by inserting after ``That'' the following: ``, if
Canada ceases to be a NAFTA country and the suspension of
the operation of the United States-Canada Free-Trade
Agreement thereafter terminates,''; and
(ii) by striking out ``on or after January 1, 1994, or
such later date as may be proclaimed by the President under
section 204(b)(2)(B) of such Act of 1988,'' and inserting
``during the period such Agreement is in operation''; and
(B) by inserting before such last proviso the following new
proviso: ``: Provided, further, That no merchandise that
consists of goods subject to NAFTA drawback, as defined in
section 203(a) of the North American Free Trade Agreement
Implementation Act, that is manufactured or otherwise changed in
condition shall be exported to a NAFTA country, as defined in
section 2(4) of that Act, without an assessment of a duty on the
merchandise in its condition and quantity, and at its weight, at
the time of its exportation (or if the privilege in the first
proviso to this subsection was requested, an assessment of a
duty on the merchandise in its condition and quantity, and at
its weight, at the time of its admission into the zone) and the
payment of the assessed duty before the 61st day after the date
of exportation of the article, except that upon the
presentation, before such 61st day, of satisfactory evidence of
the amount of any customs duties paid or owed to the NAFTA
country on the article, the customs duty may be waived or
reduced (subject to section 508(b)(2)(B) of the Tariff Act of
1930) in an amount that does not exceed the lesser of (1) the
total amount of customs duties paid or owed on the merchandise
on importation into the United States, or (2) the total amount
of customs duties paid on the article to the NAFTA country:''.
(c) Consequential Amendment With Immediate Effect.--Section 313(j)
of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is amended--
(1) by striking out ``If'' in paragraph (2) and inserting
``Subject to paragraph (4), if''; and
(2) by adding at the end the following new paragraph:
``(4) Effective upon the entry into force of the North American
Free Trade Agreement, the exportation to a NAFTA country, as defined
in section 2(4) of the North American Free Trade Agreement
Implementation Act, of merchandise that is fungible with and
substituted for imported merchandise, other than merchandise
described in paragraphs (1) through (8) of section 203(a) of that
Act, shall not constitute an exportation for purposes of paragraph
(2).''.
(d) Elimination of Drawback for Section 22 Fees.--Notwithstanding
any other provision of law, the Secretary of the Treasury may not, on
condition of export, refund or reduce a fee applied pursuant to section
22 of the Agricultural Adjustment Act (7 U.S.C. 624) with respect to
goods included under subsection (a) that are exported to--
(1) Canada after December 31, 1995, for so long as it is a NAFTA
country; or
(2) Mexico after December 31, 2000, for so long as it is a NAFTA
country.
(e) Inapplicability to Countervailing and Antidumping Duties.--
Nothing in this section or the amendments made by it shall be considered
to authorize the refund, waiver, or reduction of countervailing duties
or antidumping duties imposed on an imported good.

a6bccb1202dc15986a2f85d3a83cff37b8d0bc37597f8260e9df4f050d34396a

Paragraph (10) of section 13031(b) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)) is amended to
read as follows:
``(10)(A) The fee charged under subsection (a) (9) or (10) with
respect to goods of Canadian origin (as determined under section 202 of
the United States-Canada Free-Trade Agreement) when the United States-
Canada Free-Trade Agreement is in force shall be in accordance with
section 403 of that Agreement.
``(B) For goods qualifying under the rules of origin set out in
section 202 of the North American Free Trade Agreement Implementation
Act, the fee under subsection (a) (9) or (10)--
``(i) may not be charged with respect to goods that qualify to
be marked as goods of Canada pursuant to Annex 311 of the North
American Free Trade Agreement, for such time as Canada is a NAFTA
country, as defined in section 2(4) of such Implementation Act; and
``(ii) may not be increased after December 31, 1993, and may not
be charged after June 29, 1999, with respect to goods that qualify
to be marked as goods of Mexico pursuant to such Annex 311, for such
time as Mexico is a NAFTA country.
Any service for which an exemption from such fee is provided by reason
of this paragraph may not be funded with money contained in the Customs
User Fee Account.''.

4adc09723655ac46755ee6fb4935676bc08b5aea5d0023504a9e28030fde0c56

(a) Recordkeeping Requirements.--Section 508 of the Tariff Act of
1930 (19 U.S.C. 1508) is amended as follows:
(1) Subsection (b) is amended to read as follows:
``(b) Exportations to Free Trade Countries.--
``(1) Definitions.--As used in this subsection--
``(A) The term `associated records' means, in regard to an
exported good under paragraph (2), records associated with--
``(i) the purchase of, cost of, value of, and payment
for, the good;
``(ii) the purchase of, cost of, value of, and payment
for, all material, including indirect materials, used in the
production of the good; and
``(iii) the production of the good.
For purposes of this subparagraph, the terms `indirect
material', `material', `preferential tariff treatment', `used',
and `value' have the respective meanings given them in articles
415 and 514 of the North American Free Trade Agreement.
``(B) The term `NAFTA Certificate of Origin' means the
certification, established under article 501 of the North
American Free Trade Agreement, that a good qualifies as an
originating good under such Agreement.
``(2) Exports to nafta countries.--
``(A) In general.--Any person who completes and signs a
NAFTA Certificate of Origin for a good for which preferential
treatment under the North American Free Trade Agreement is
claimed shall make, keep, and render for examination and
inspection all records relating to the origin of the good
(including the Certificate or copies thereof) and the associated
records.
``(B) Claims for certain waivers, reductions, or refunds of
duties or for credit against bonds.--
``(i) In general.--Any person that claims with respect
to an article--
``(I) a waiver or reduction of duty under the last
paragraph of section 311, section 312(b) (1) or (4),
section 562(2), or the last proviso to section 3(a) of
the Foreign Trade Zones Act;
``(II) a credit against a bond under section 312(d);
or
``(III) a refund, waiver, or reduction of duty under
section 313 (n)(2) or (o)(1);
must disclose to the Customs Service the information
described in clause (ii).
``(ii) Information required.--Within 30 days after
making a claim described in clause (i) with respect to an
article, the person making the claim must disclose to the
Customs Service whether that person has prepared, or has
knowledge that another person has prepared, a NAFTA
Certificate of Origin for the article. If after such 30-day
period the person making the claim either--
``(I) prepares a NAFTA Certificate of Origin for the
article; or
``(II) learns of the existence of such a Certificate
for the article;
that person, within 30 days after the occurrence described
in subclause (I) or (II), must disclose the occurrence to
the Customs Service.
``(iii) Action on claim.--If the Customs Service
determines that a NAFTA Certificate of Origin has been
prepared with respect to an article for which a claim
described in clause (i) is made, the Customs Service may
make such adjustments regarding the previous customs
treatment of the article as may be warranted.
``(3) Exports under the canadian agreement.--Any person who
exports, or who knowingly causes to be exported, any merchandise to
Canada during such time as the United States-Canada Free-Trade
Agreement is in force with respect to, and the United States applies
that Agreement to, Canada shall make, keep, and render for
examination and inspection such records (including certifications of
origin or copies thereof) which pertain to the exportations.''.
(2) Subsection (c) is amended to read as follows:
``(c) Period of Time.--The records required by subsections (a) and
(b) shall be kept for such periods of time as the Secretary shall
prescribe; except that--
``(1) no period of time for the retention of the records
required under subsection (a) or (b)(3) may exceed 5 years from the
date of entry or exportation, as appropriate;
``(2) the period of time for the retention of the records
required under subsection (b)(2) shall be at least 5 years from the
date of signature of the NAFTA Certificate of Origin; and
``(3) records for any drawback claim shall be kept until the 3rd
anniversary of the date of payment of the claim.''.
(3) Subsection (e) is amended to read as follows:
``(e) Subsection (b) Penalties.--
``(1) Relating to nafta exports.--Any person who fails to retain
records required by paragraph (2) of subsection (b) or the
regulations issued to implement that paragraph shall be liable for--
``(A) a civil penalty not to exceed $10,000; or
``(B) the general recordkeeping penalty that applies under
the customs laws;
whichever penalty is higher.
``(2) Relating to canadian agreement exports.--Any person who
fails to retain the records required by paragraph (3) of subsection
(b) or the regulations issued to implement that paragraph shall be
liable for a civil penalty not to exceed $10,000.''.
(b) Conforming Amendment.--Section 509(a)(2)(A)(ii) of the Tariff
Act of 1930 (19 U.S.C. 1509(a)(2)(A)(ii)) is amended to read as follows:
``(ii) exported merchandise, or knowingly caused
merchandise to be exported, to a NAFTA country (as defined
in section 2(4) of the North American Free Trade Agreement
Implementation Act) or to Canada during such time as the
United States-Canada Free-Trade Agreement is in force with
respect to, and the United States applies that Agreement to,
Canada,''.
(c) Disclosure of Incorrect Information.--Section 592 of the Tariff
Act of 1930 (19 U.S.C. 1592) is amended--
(1) in subsection (c)--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) Prior disclosure regarding nafta claims.--An importer
shall not be subject to penalties under subsection (a) for making an
incorrect claim for preferential tariff treatment under section 202
of the North American Free Trade Agreement Implementation Act if the
importer--
``(A) has reason to believe that the NAFTA Certificate of
Origin (as defined in section 508(b)(1)) on which the claim was
based contains incorrect information; and
``(B) in accordance with regulations issued by the
Secretary, voluntarily and promptly makes a corrected
declaration and pays any duties owing.''; and
(2) by adding at the end the following new subsection:
``(f) False Certifications Regarding Exports to NAFTA Countries.--
``(1)  In general.--Subject to paragraph (3), it is unlawful for
any person to certify falsely, by fraud, gross negligence, or
negligence, in a NAFTA Certificate of Origin (as defined in section
508(b)(1)) that a good to be exported to a NAFTA country (as defined
in section 2(4) of the North American Free Trade Agreement
Implementation Act) qualifies under the rules of origin set out in
section 202 of that Act.
``(2)  Applicable provisions.--The procedures and penalties of
this section that apply to a violation of subsection (a) also apply
to a violation of paragraph (1), except that--
``(A) subsection (d) does not apply, and
``(B) subsection (c)(5) applies only if the person
voluntarily and promptly provides, to all persons to whom the
person provided the NAFTA Certificate of Origin, written notice
of the falsity of the Certificate.
``(3) Exception.--A person may not be considered to have
violated paragraph (1) if--
``(A) the information was correct at the time it was
provided in a NAFTA Certificate of Origin but was later rendered
incorrect due to a change in circumstances; and
``(B) the person voluntarily and promptly provides written
notice of the change to all persons to whom the person provided
the Certificate of Origin.''.

4e8c71b472d949ff534c05435c82d6d039802d7fadfb4b2c76f516c0cd81d944

Section 520 of the Tariff Act of 1930 (19 U.S.C. 1520) is amended by
adding at the end the following new subsection:
``(d) Notwithstanding the fact that a valid protest was not filed,
the Customs Service may, in accordance with regulations prescribed by
the Secretary, reliquidate an entry to refund any excess duties paid on
a good qualifying under the rules of origin set out in section 202 of
the North American Free Trade Agreement Implementation Act for which no
claim for preferential tariff treatment was made at the time of
importation if the importer, within 1 year after the date of
importation, files, in accordance with those regulations, a claim that
includes--
``(1) a written declaration that the good qualified under those
rules at the time of importation;
``(2) copies of all applicable NAFTA Certificates of Origin (as
defined in section 508(b)(1)); and
``(3) such other documentation relating to the importation of
the goods as the Customs Service may require.''.

cfc0f4066ad69e139083b7ab606728d6ccf9cf162a45f68049f3344c84d937cb

(a) Amendments to Tariff Act of 1930.--Section 304 of the Tariff Act
of 1930 (19 U.S.C. 1304) is amended--
(1) in subsection (c)(1), by striking ``or engraving'' and
inserting ``engraving, or continuous paint stenciling'';
(2) in subsection (c)(2)--
(A) by striking ``four'' and inserting ``five''; and
(B) by striking ``such as paint stenciling'';
(3) in subsection (e), by striking ``or engraving'' and
inserting ``engraving, or an equally permanent method of marking'';
(4) by redesignating subsection (h) as subsection (i); and
(5) by inserting after subsection (g) the following new
subsection:
``(h) Treatment of Goods of a NAFTA Country.--
``(1) Application of section.--In applying this section to an
article that qualifies as a good of a NAFTA country (as defined in
section 2(4) of the North American Free Trade Agreement
Implementation Act) under the regulations issued by the Secretary to
implement Annex 311 of the North American Free Trade Agreement--
``(A) the exemption under subsection (a)(3)(H) shall be
applied by substituting `reasonably know' for `necessarily
know';
``(B) the Secretary shall exempt the good from the
requirements for marking under subsection (a) if the good--
``(i) is an original work of art, or
``(ii) is provided for under subheading 6904.10, heading
8541, or heading 8542 of the Harmonized Tariff Schedule of
the United States; and
``(C) subsection (b) does not apply to the usual container
of any good described in subsection (a)(3) (E) or (I) or
subparagraph (B) (i) or (ii) of this paragraph.
``(2) Petition rights of nafta exporters and producers regarding
marking determinations.--
``(A) Definitions.--For purposes of this paragraph:
``(i) The term `adverse marking decision' means a
determination by the Customs Service which an exporter or
producer of merchandise believes to be contrary to Annex 311
of the North American Free Trade Agreement.
``(ii) A person may not be treated as the exporter or
producer of merchandise regarding which an adverse marking
decision was made unless such person--
``(I) if claiming to be the exporter, is located in
a NAFTA country and is required to maintain records in
that country regarding exportations to NAFTA countries;
or
``(II) if claiming to be the producer, grows, mines,
harvests, fishes, traps, hunts, manufactures, processes,
or assembles such merchandise in a NAFTA country.
``(B) Intervention or petition regarding adverse marking
decisions.--If the Customs Service makes an adverse marking
decision regarding any merchandise, the Customs Service shall,
upon written request by the exporter or producer of the
merchandise, provide to the exporter or producer a statement of
the basis for the decision. If the exporter or producer believes
that the decision is not correct, it may intervene in any
protest proceeding initiated by the importer of the merchandise.
If the importer does not file a protest with regard to the
decision, the exporter or producer may file a petition with the
Customs Service setting forth--
``(i) a description of the merchandise; and
``(ii) the basis for its claim that the merchandise
should be marked as a good of a NAFTA country.
``(C) Effect of determination regarding decision.--If, after
receipt and consideration of a petition filed by an exporter or
producer under subparagraph (B), the Customs Service determines
that the adverse marking decision--
``(i) is not correct, the Customs Service shall notify
the petitioner of the determination and all merchandise
entered, or withdrawn from warehouse for consumption, more
than 30 days after the date that notice of the determination
under this clause is published in the weekly Custom Bulletin
shall be marked in conformity with the determination; or
``(ii) is correct, the Customs Service shall notify the
petitioner that the petition is denied.
``(D) Judicial review.--For purposes of judicial review, the
denial of a petition under subparagraph (C)(ii) shall be treated
as if it were a denial of a petition of an interested party
under section 516 regarding an issue arising under any of the
preceding provisions of this section.''.
(b) Coordination With 1988 Act Regarding Certain Articles.--Articles
that qualify as goods of a NAFTA country under regulations issued by the
Secretary in accordance with Annex 311 of the Agreement are exempt from
the marking requirements promulgated by the Secretary of the Treasury
under section 1907(c) of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418), but are subject to the requirements of
section 304 of the Tariff Act of 1930 (19 U.S.C. 1304).

b4066ba3f2720a3e0fd68bffce8ec4b45c43160832eb3e9ccf98e11b6d762ba2

Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) is amended--
(1) in subsection (c)(1) by inserting ``, or with respect to a
determination of origin under section 202 of the North American Free
Trade Agreement Implementation Act,'' after ``with respect to any
one category of merchandise'' in the fourth sentence;
(2) in subsection (c)(2)--
(A) by striking out ``or'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) with respect to a determination of origin under
section 202 of the North American Free Trade Agreement
Implementation Act, any exporter or producer of the merchandise
subject to that determination, if the exporter or producer
completed and signed a NAFTA Certificate of Origin covering the
merchandise; or''; and
(D) by striking ``clauses (A) through (D)'' in subparagraph
(F) (as redesignated by subparagraph (B)), and inserting
``clauses (A) through (E)''; and
(3) by adding at the end the following new subsections:
``(e) Advance Notice of Certain Determinations.--Except as provided
in subsection (f), an exporter or producer referred to in subsection
(c)(2)(E) shall be provided notice in advance of an adverse
determination of origin under section 202 of the North American Free
Trade Agreement Implementation Act. The Secretary may, by regulations,
prescribe the time period in which such advance notice shall be issued
and authorize the Customs Service to provide in the notice the entry
number and any other entry information considered necessary to allow the
exporter or producer to exercise the rights provided by this section.
``(f) Denial of Preferential Treatment.--If the Customs Service
finds indications of a pattern of conduct by an exporter or producer of
false or unsupported representations that goods qualify under the rules
of origin set out in section 202 of the North American Free Trade
Agreement Implementation Act--
``(1) the Customs Service, in accordance with regulations issued
by the Secretary, may deny preferential tariff treatment to entries
of identical goods exported or produced by that person; and
``(2) the advance notice requirement in subsection (e) shall not
apply to that person;
until the person establishes to the satisfaction of the Customs Service
that its representations are in conformity with section 202.''.

ddddf98bdc30a83eba023a3fdf4b6861809ea30d3f41715ce68403dca6aaa65e

Section 628 of the Tariff Act of 1930 (19 U.S.C. 1628) is amended by
adding at the end the following new subsection:
``(c) The Secretary may authorize the Customs Service to exchange
information with any government agency of a NAFTA country, as defined in
section 2(4) of the North American Free Trade Agreement Implementation
Act, if the Secretary--
``(1) reasonably believes the exchange of information is
necessary to implement chapter 3, 4, or 5 of the North American Free
Trade Agreement, and
``(2) obtains assurances from such country that the information
will be held in confidence and used only for governmental
purposes.''.

82ed9fa39526a320b4d0016e747d1cd4296dee18b2e363d921fcc6e265f35b7a

Notwithstanding any other provision of law, no customs duties may be
refunded, waived, or reduced on color cathode-ray television picture
tubes, including video monitor cathode-ray tubes (provided for in
subheading 8540.11.00 of the HTS), that are nonoriginating goods under
section 202(p)(19) and are--
(A) exported to a NAFTA country;
(B) used as a material in the production of other goods that are
exported to a NAFTA country; or
(C) substituted for by goods of the same kind and quality used
as a material in the production of other goods that are exported to
a NAFTA country.

74cee4ce1d8f0e845685ae154cbbcb0b026472d27539cf226cd849039bafb8a1

(a) Monitoring.--Beginning on the date the Agreement enters into
force with respect to the United States, the United States Customs
Service shall, for a period of 5 years, monitor imports into the United
States of articles described in subheading 8528.10 of the HTS from NAFTA
countries and shall take action to exercise all rights of the United
States under chapter 5 of the Agreement with respect to such imports.
The United States Customs Service shall take appropriate action under
chapter 5 of the Agreement with respect to such imports, including
verifications to ensure that the rules of origin under the Agreement are
fully complied with and that the duty drawback obligations contained in
article 303 and Annex 303.8 of the Agreement are fully implemented and
duties are correctly assessed.
(b) Report to Trade Representative.--The United States Customs
Service shall make the results of the monitoring and verification
required by subsection (a) available to the President and the Trade
Representative. If, based on such information, the President has reason
to believe that articles described in subheading 8540.11 of the HTS,
intended for ultimate consumption in the United States, are entering the
territory of a NAFTA country inconsistent with the provisions of the
Agreement, or have been undervalued in a manner that may raise concerns
under United States trade laws, the President shall promptly take such
action as may be appropriate under all relevant provisions of the
Agreement, including article 317 and chapter 20, and under applicable
United States trade statutes.

fabab43b118fdacb96881506a674217a556fe0fc0ba1641082af74bd22ccce07

Any amendment in this title to a law that is also amended under
title VI shall be made after the title VI amendment is executed.

665afc537eea526c94b192e63ed6f14bec3f37f3e1788c02cbbf9a03fad9545f

(a) Provisions Effective on Date of Enactment.--Section 212 and this
section take effect on the date of the enactment of this Act.
(b) Provisions Effective When Agreement Enters Into Force.--Section
201, section 202, section 203 (a), (d), and (e), section 210 and section
211, the amendment made by section 203(c), and the amendments made by
sections 204 through 209 take effect on the date the Agreement enters
into force with respect to the United States.
(c) Provisions With Delayed Effective Dates.--The amendments made by
section 203(b) apply--
(1) with respect to exports from the United States to Canada--
(A) on January 1, 1996, if Canada is a NAFTA country on that
date, and
(B) after such date for so long as Canada continues to be a
NAFTA country; and
(2) with respect to exports from the United States to Mexico--
(A) on January 1, 2001, if Mexico is a NAFTA country on that
date; and
(B) after such date for so long as Mexico continues to be a
NAFTA country.
Subtitle A--Safeguards
PART 1--RELIEF FROM IMPORTS BENEFITING FROM THE AGREEMENT

a78d3058fc94c51386e7c0bca15b4cbe75744411a8173b26aa6b9db26b0fac2c

As used in this part:
(1) Canadian article.--The term ``Canadian article'' means an
article that--
(A) is an originating good under chapter 4 of the Agreement;
and
(B) qualifies under the Agreement to be marked as a good of
Canada.
(2) Mexican article.--The term ``Mexican article'' means an
article that--
(A) is an originating good under chapter 4 of the Agreement;
and
(B) qualifies under the Agreement to be marked as a good of
Mexico.

c7e596ddf1666b8a7e66c4c69edc5ddceb5d40caabf442965e2139f121b48ac1

(a) Filing of Petition.--
(1) In general.--A petition requesting action under this part
for the purpose of adjusting to the obligations of the United States
under the Agreement may be filed with the International Trade
Commission by an entity, including a trade association, firm,
certified or recognized union, or group of workers, that is
representative of an industry. The International Trade Commission
shall transmit a copy of any petition filed under this subsection to
the Trade Representative.
(2) Provisional relief.--An entity filing a petition under this
subsection may request that provisional relief be provided as if the
petition had been filed under section 202(a) of the Trade Act of
1974.
(3) Critical circumstances.--An allegation that critical
circumstances exist must be included in the petition or made on or
before the 90th day after the date on which the investigation is
initiated under subsection (b).
(b) Investigation and Determination.--Upon the filing of a petition
under subsection (a), the International Trade Commission, unless
subsection (d) applies, shall promptly initiate an investigation to
determine whether, as a result of the reduction or elimination of a duty
provided for under the Agreement, a Canadian article or a Mexican
article, as the case may be, is being imported into the United States in
such increased quantities (in absolute terms) and under such conditions
so that imports of the article, alone, constitute a substantial cause
of--
(1) serious injury; or
(2) except in the case of a Canadian article, a threat of
serious injury;
to the domestic industry producing an article that is like, or directly
competitive with, the imported article.
(c) Applicable Provisions.--The provisions of--
(1) paragraphs (1)(B), (3) (except subparagraph (A)), and (4) of
subsection (b);
(2) subsection (c); and
(3) subsection (d),
of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with
respect to any investigation initiated under subsection (b).
(d) Articles Exempt From Investigation.--No investigation may be
initiated under this section with respect to--
(1) any Canadian article or Mexican article if import relief has
been provided under this part with respect to that article; or
(2) any textile or apparel article set out in Appendix 1.1 of
Annex 300-B of the Agreement.

788ac17127ba91a6e970ae4ad3d0f1df1c806f06dc4ec200db259f6a11527c80

(a) Determination.--By no later than 120 days after the date on
which an investigation is initiated under section 302(b) with respect to
a petition, the International Trade Commission shall--
(1) make the determination required under that section; and
(2) if the determination referred to in paragraph (1) is
affirmative and an allegation regarding critical circumstances was
made under section 302(a), make a determination regarding that
allegation.
(b) Additional Finding and Recommendation if Determination
Affirmative.--If the determination made by the International Trade
Commission under subsection (a) with respect to imports of an article is
affirmative, the International Trade Commission shall find, and
recommend to the President in the report required under subsection (c),
the amount of import relief that is necessary to remedy or, except in
the case of imports of a Canadian article, prevent the injury found by
the International Trade Commission in the determination. The import
relief recommended by the International Trade Commission under this
subsection shall be limited to that described in section 304(c).
(c) Report to President.--No later than the date that is 30 days
after the date on which a determination is made under subsection (a)
with respect to an investigation, the International Trade Commission
shall submit to the President a report that shall include--
(1) a statement of the basis for the determination;
(2) dissenting and separate views; and
(3) any finding made under subsection (b) regarding import
relief.
(d) Public Notice.--Upon submitting a report to the President under
subsection (c), the International Trade Commission shall promptly make
public such report (with the exception of information which the
International Trade Commission determines to be confidential) and shall
cause a summary thereof to be published in the Federal Register.
(e) Applicable Provisions.--For purposes of this part, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect to
determinations and findings made under this section as if such
determinations and findings were made under section 202 of the Trade Act
of 1974 (19 U.S.C. 2252).

d79ac0978088f6edc0ebfbfedefdb0d1a3852a055e55f056ab2f4bd86cc185a1

(a) In General.--No later than the date that is 30 days after the
date on which the President receives the report of the International
Trade Commission containing an affirmative determination of the
International Trade Commission under section 303(a), the President,
subject to subsection (b), shall provide relief from imports of the
article that is the subject of such determination to the extent that the
President determines necessary to remedy or, except in the case of
imports of a Canadian article, prevent the injury found by the
International Trade Commission.
(b) Exception.--The President is not required to provide import
relief under this section if the President determines that the provision
of the import relief will not provide greater economic and social
benefits than costs.
(c) Nature of Relief.--The import relief (including provisional
relief) that the President is authorized to provide under this part is
as follows:
(1) In the case of imports of a Canadian article--
(A) the suspension of any further reduction provided for
under Annex 401.2 of the United States-Canada Free-Trade
Agreement in the duty imposed on such article;
(B) an increase in the rate of duty imposed on such article
to a level that does not exceed the lesser of--
(i) the column 1 general rate of duty imposed under the
HTS on like articles at the time the import relief is
provided, or
(ii) the column 1 general rate of duty imposed on like
articles on December 31, 1988; or
(C) in the case of a duty applied on a seasonal basis to
such article, an increase in the rate of duty imposed on the
article to a level that does not exceed the column 1 general
rate of duty imposed on the article for the corresponding season
occurring immediately before January 1, 1989.
(2) In the case of imports of a Mexican article--
(A) the suspension of any further reduction provided for
under the United States Schedule to Annex 302.2 of the Agreement
in the duty imposed on such article;
(B) an increase in the rate of duty imposed on such article
to a level that does not exceed the lesser of--
(i) the column 1 general rate of duty imposed under the
HTS on like articles at the time the import relief is
provided, or
(ii) the column 1 general rate of duty imposed under the
HTS on like articles on the day before the date on which the
Agreement enters into force; or
(C) in the case of a duty applied on a seasonal basis to
such article, an increase in the rate of duty imposed on the
article to a level that does not exceed the column 1 general
rate of duty imposed under the HTS on the article for the
corresponding season immediately occurring before the date on
which the Agreement enters into force.
(d) Period of Relief.--The import relief that the President is
authorized to provide under this section may not exceed 3 years, except
that, if a Canadian article or Mexican article which is the subject of
the action--
(1) is provided for in an item for which the transition period
of tariff elimination set out in the United States Schedule to Annex
302.2 of the Agreement is greater than 10 years; and
(2) the President determines that the affected industry has
undertaken adjustment and requires an extension of the period of the
import relief;
the President, after obtaining the advice of the International Trade
Commission, may extend the period of the import relief for not more than
1 year, if the duty applied during the initial period of the relief is
substantially reduced at the beginning of the extension period.
(e) Rate on Mexican Articles After Termination of Import Relief.--
When import relief under this part is terminated with respect to a
Mexican article--
(1) the rate of duty on that article after such termination and
on or before December 31 of the year in which termination occurs
shall be the rate that, according to the United States Schedule to
Annex 302.2 of the Agreement for the staged elimination of the
tariff, would have been in effect 1 year after the initiation of the
import relief action under section 302; and
(2) the tariff treatment for that article after December 31 of
the year in which termination occurs shall be, at the discretion of
the President, either--
(A) the rate of duty conforming to the applicable rate set
out in the United States Schedule to Annex 302.2; or
(B) the rate of duty resulting from the elimination of the
tariff in equal annual stages ending on the date set out in the
United States Schedule to Annex 302.2 for the elimination of the
tariff.

166d3b8527054841e945d0737ca2f9dc8c0877de053ad6646821d16b33b30d26

(a) General Rule.--Except as provided in subsection (b), no import
relief may be provided under this part--
(1) in the case of a Canadian article, after December 31, 1998;
or
(2) in the case of a Mexican article, after the date that is 10
years after the date on which the Agreement enters into force;
unless the article against which the action is taken is an item for
which the transition period for tariff elimination set out in the United
States Schedule to Annex 302.2 of the Agreement is greater than 10
years, in which case the period during which relief may be granted shall
be the period of staged tariff elimination for that article.
(b) Exception.--Import relief may be provided under this part in the
case of a Canadian article or Mexican article after the date on which
such relief would, but for this subsection, terminate under subsection
(a), but only if the Government of Canada or Mexico, as the case may be,
consents to such provision.

58df982f488641deccf5ddfc60ebac4854c7aeb39b8ae3d13202fdf13433db7c

For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under section 304
shall be treated as action taken under chapter 1 of title II of such
Act.

4be7c455a6cff9f879ab1485c295f61cec1e0c5f9bbcec48a1bb6ed263697536

A petition for import relief may be submitted to the International
Trade Commission under--
(1) this part;
(2) chapter 1 of title II of the Trade Act of 1974; or
(3) under both this part and such chapter 1 at the same time, in
which case the International Trade Commission shall consider such
petitions jointly.

f32725b8d83a3dd19996228ffa9ce3ec683ee7923ae31697df9f7593e03e4ec0

VEGETABLES.
(a) In general.--Section 301(a) of the United States-Canada Free-
Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is
amended--
(1) in paragraph (1), by striking ``promptly'' in the flush
sentence at the end thereof and inserting ``immediately'',
(2) by redesignating paragraphs (2) through (9) as paragraphs
(3) through (10), respectively,
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) No later than 6 days after publication in the Federal
Register of the notice described in paragraph (1), the Secretary
shall decide whether to recommend the imposition of a temporary duty
to the President, and if the Secretary decides to make such a
recommendation, the recommendation shall be forwarded immediately to
the President.'',
(4) in paragraph (5), as redesignated by paragraph (2), by
striking ``paragraph (3)'' and inserting ``paragraph (4)'', and
(5) by amending paragraph (9), as redesignated by paragraph (2),
to read as follows:
``(9) For purposes of assisting the Secretary in carrying out
this subsection--
``(A) the Commissioner of Customs and the Director of the
Bureau of Census shall cooperate in providing the Secretary with
timely information and data relating to the importation of
Canadian fresh fruits and vegetables, and
``(B) importers shall report such information relating to
Canadian fresh fruits and vegetables to the Commissioner of
Customs at such time and in such manner as the Commissioner
requires.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date of the enactment of this Act.

0be97e9bc9e6edb2b3614ef2b8b86eb46f44b1481af8afeff35d47bbae62e9b1

(a) Trigger Price Determination.--
(1) In general.--The Secretary shall determine--
(A) each period of 5 consecutive business days in which the
daily price for frozen concentrated orange juice is less than
the trigger price; and
(B) for each period determined under subparagraph (A), the
first period occurring thereafter of 5 consecutive business days
in which the daily price for frozen concentrated orange juice is
greater than the trigger price.
(2) Notice of determinations.--The Secretary shall immediately
notify the Commissioner of Customs and publish notice in the Federal
Register of any determination under paragraph (1), and the date of
such publication shall be the determination date for that
determination.
(b) Imports of Mexican Articles.--Whenever after any determination
date for a determination under subsection (a)(1)(A), the quantity of
Mexican articles of frozen concentrated orange juice that is entered
exceeds--
(1) 264,978,000 liters (single strength equivalent) in any of
calendar years 1994 through 2002; or
(2) 340,560,000 liters (single strength equivalent) in any of
calendar years 2003 through 2007;
the rate of duty on Mexican articles of frozen concentrated orange juice
that are entered after the date on which the applicable limitation in
paragraph (1) or (2) is reached and before the determination date for
the related determination under subsection (a)(1)(B) shall be the rate
of duty specified in subsection (c).
(c) Rate of Duty.--The rate of duty specified for purposes of
subsection (b) for articles entered on any day is the rate in the HTS
that is the lower of--
(1) the column 1-General rate of duty in effect for such
articles on July 1, 1991; or
(2) the column 1-General rate of duty in effect on that day.
(d) Definitions.--For purposes of this section--
(1) The term ``daily price'' means the daily closing price of
the New York Cotton Exchange, or any successor as determined by the
Secretary, for the closest month in which contracts for frozen
concentrated orange juice are being traded on the Exchange.
(2) The term ``business day'' means a day in which contracts for
frozen concentrated orange juice are being traded on the New York
Cotton Exchange, or any successor as determined by the Secretary.
(3) The term ``entered'' means entered or withdrawn from
warehouse for consumption, in the customs territory of the United
States.
(4) The term ``frozen concentrated orange juice'' means all
products classifiable under subheading 2009.11.00 of the HTS.
(5) The term ``Secretary'' means the Secretary of Agriculture.
(6) The term ``trigger price'' means the average daily closing
price of the New York Cotton Exchange, or any successor as
determined by the Secretary, for the corresponding month during the
previous 5-year period, excluding the year with the highest average
price for the corresponding month and the year with the lowest
average price for the corresponding month.
PART 2--RELIEF FROM IMPORTS FROM ALL COUNTRIES

31abbf06f125b3e9ec92ff471a127707b0d8af6cf4317fcb93016a42919627ac

TRADE ACT OF 1974.
(a) In General.--If, in any investigation initiated under chapter 1
of title II of the Trade Act of 1974, the International Trade Commission
makes an affirmative determination (or a determination which the
President may treat as an affirmative determination under such chapter
by reason of section 330(d) of the Tariff Act of 1930), the
International Trade Commission shall also find (and report to the
President at the time such injury determination is submitted to the
President) whether--
(1) imports of the article from a NAFTA country, considered
individually, account for a substantial share of total imports; and
(2) imports of the article from a NAFTA country, considered
individually or, in exceptional circumstances, imports from NAFTA
countries considered collectively, contribute importantly to the
serious injury, or threat thereof, caused by imports.
(b) Factors.--
(1) Substantial import share.--In determining whether imports
from a NAFTA country, considered individually, account for a
substantial share of total imports, such imports normally shall not
be considered to account for a substantial share of total imports if
that country is not among the top 5 suppliers of the article subject
to the investigation, measured in terms of import share during the
most recent 3-year period.
(2) Application of ``contribute importantly'' standard.--In
determining whether imports from a NAFTA country or countries
contribute importantly to the serious injury, or threat thereof, the
International Trade Commission shall consider such factors as the
change in the import share of the NAFTA country or countries, and
the level and change in the level of imports of such country or
countries. In applying the preceding sentence, imports from a NAFTA
country or countries normally shall not be considered to contribute
importantly to serious injury, or the threat thereof, if the growth
rate of imports from such country or countries during the period in
which an injurious increase in imports occurred is appreciably lower
than the growth rate of total imports from all sources over the same
period.
(c) Definition.--For purposes of this section and section 312(a),
the term ``contribute importantly'' refers to an important cause, but
not necessarily the most important cause.

64fa37aabab5bd9a7a42e9c7b1f43badb4b924feba84aa0b781f752a68f3680d

(a) In General.--In determining whether to take action under chapter
1 of title II of the Trade Act of 1974 with respect to imports from a
NAFTA country, the President shall determine whether--
(1) imports from such country, considered individually, account
for a substantial share of total imports; or
(2) imports from a NAFTA country, considered individually, or in
exceptional circumstances imports from NAFTA countries considered
collectively, contribute importantly to the serious injury, or
threat thereof, found by the International Trade Commission.
(b) Exclusion of NAFTA Imports.--In determining the nature and
extent of action to be taken under chapter 1 of title II of the Trade
Act of 1974, the President shall exclude from such action imports from a
NAFTA country if the President makes a negative determination under
subsection (a) (1) or (2) with respect to imports from such country.
(c) Action After Exclusion of NAFTA Country Imports.--
(1) In general.--If the President, under subsection (b),
excludes imports from a NAFTA country or countries from action under
chapter 1 of title II of the Trade Act of 1974 but thereafter
determines that a surge in imports from that country or countries is
undermining the effectiveness of the action--
(A) the President may take appropriate action under such
chapter 1 to include those imports in the action; and
(B) any entity that is representative of an industry for
which such action is being taken may request the International
Trade Commission to conduct an investigation of the surge in
such imports.
(2) Investigation.--Upon receiving a request under paragraph
(1)(B), the International Trade Commission shall conduct an
investigation to determine whether a surge in such imports
undermines the effectiveness of the action. The International Trade
Commission shall submit the findings of its investigation to the
President no later than 30 days after the request is received by the
International Trade Commission.
(3) Definition.--For purposes of this subsection, the term
``surge'' means a significant increase in imports over the trend for
a recent representative base period.
(d) Condition Applicable to Quantitative Restrictions.--Any action
taken under this section proclaiming a quantitative restriction shall
permit the importation of a quantity or value of the article which is
not less than the quantity or value of such article imported into the
United States during the most recent period that is representative of
imports of such article, with allowance for reasonable growth.
PART 3--GENERAL PROVISIONS

acb87a88ca18ac2b00e1768a7fb6ba25ecf248b36d7ff44751142691d932c3f9

Section 202(d) of the Trade Act of 1974 (19 U.S.C. 2252(d)) is
amended--
(1) in paragraph (1)(A) by inserting ``or citrus product'' after
``agricultural product'' each place it appears;
(2) in the text of paragraph (1)(C) that appears before
subclauses (I) and (II)--
(A) by inserting ``or citrus product'' after ``agricultural
product'' each place it appears, and
(B) by inserting ``or citrus product'' after ``perishable
product'';
(3) by redesignating subparagraphs (A) and (B) of paragraph (5)
as subparagraphs (B) and (C); and
(4) by inserting a new subparagraph (A) in paragraph (5) to read
as follows:
``(A) The term `citrus product' means any processed oranges
or grapefruit, or any orange or grapefruit juice, including
concentrate.''.

c4b9dc8c2f04bdaa708e393b123c0f12442980b563afd4ef227c7286e4a9d4d3

For purposes of expediting an investigation concerning provisional
relief under this subtitle or section 202 of the Trade Act of 1974
regarding--
(1) fresh or chilled tomatoes provided for in subheading
0702.00.00 of the HTS; and
(2) fresh or chilled peppers, other than chili peppers provided
for in subheading 0709.60.00 of the HTS;
the International Trade Commission, until January 1, 2009, shall monitor
imports of such goods as if proper requests for such monitoring had been
made under subsection 202(d)(1)(C)(i) of such section 202. At the
request of the International Trade Commission, the Secretary of
Agriculture and the Commissioner of Customs shall provide to the
International Trade Commission information relevant to the monitoring
carried out under this section.

63ecd7dd652bf55346ceb0458fab0a65d74bf6e98aeb9a94351cf40afe468c6c

COMMISSION INVESTIGATIONS.
(a) Procedures and Rules.--The International Trade Commission shall
adopt such procedures and rules and regulations as are necessary to
bring its procedures into conformity with chapter 8 of the Agreement.
(b) Conforming Amendment.--Section 202(a) of the Trade Act of 1974
is amended by adding at the end thereof the following:
``(8) The procedures concerning the release of confidential
business information set forth in section 332(g) of the Tariff Act
of 1930 shall apply with respect to information received by the
Commission in the course of investigations conducted under this
chapter and part 1 of title III of the North American Free Trade
Agreement Implementation Act.''.

4ee4a72ac55a32bc25608fa53ba5d422053ff0b659c82289802086c2fb331557

Except as provided in section 308(b), the provisions of this
subtitle take effect on the date the Agreement enters into force with
respect to the United States.
Subtitle B--Agriculture

1ccc08e0736dac059333424bcf27a3ec07c512bf90153c762a89cc213f4e857b

(a) Meat Import Act of 1979.--The Meat Import Act of 1979 (19 U.S.C.
2253 note) is amended--
(1) in subsection (b)--
(A) by striking the last sentence in paragraph (2),
(B) by redesignating paragraph (3) as paragraph (4) and
inserting after paragraph (2) the following new paragraph:
``(3) The term `meat articles' does not include any article
described in paragraph (2) that--
``(A) originates in a NAFTA country (as determined in
accordance with section 202 of the NAFTA Act), or
``(B) originates in Canada (as determined in accordance with
section 202 of the United States-Canada Free-Trade Agreement
Implementation Act of 1988) during such time as the United
States-Canada Free-Trade Agreement is in force with respect to,
and the United States applies such Agreement to, Canada.''; and
(C) by inserting after paragraph (4) (as redesignated by
subparagraph (B) of this paragraph) the following new
paragraphs:
``(5) The term `NAFTA Act' means the North American Free Trade
Agreement Implementation Act.
``(6) The term `NAFTA country' has the meaning given such term
in section 2(4) of the NAFTA Act.'';
(2) in subsection (f)(1), by striking the end period and
inserting ``, except that the President may exclude any such article
originating in a NAFTA country (as determined in accordance with
section 202 of the NAFTA Act) or, if paragraph (3)(B) applies, any
such article originating in Canada as determined in accordance with
such paragraph (3)(B).''; and
(3) in subsection (i), by inserting ``and Mexico'' after
``Canada'' each place it appears.
(b) Section 22 of the Agricultural Adjustment Act.--
(1) In general.--The President may, pursuant to article 309 and
Annex 703.2 of the Agreement, exempt from any quantitative
limitation or fee imposed pursuant to section 22 of the Agricultural
Adjustment Act (7 U.S.C. 624), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, any article which
originates in Mexico, if Mexico is a NAFTA country.
(2) Qualification of articles.--The determination of whether an
article originates in Mexico shall be made in accordance with
section 202, except that operations performed in, or materials
obtained from, any country other than the United States or Mexico
shall be treated as if performed in or obtained from a country other
than a NAFTA country.
(c) Tariff Rate Quotas.--In implementing the tariff rate quotas set
out in the United States Schedule to Annex 302.2 of the Agreement, the
President shall take such action as may be necessary to ensure that
imports of agricultural goods do not disrupt the orderly marketing of
commodities in the United States.
(d) Peanuts.--
(1) Effect of the agreement.--
(A) In general.--Nothing in the Agreement or this Act
reduces or eliminates--
(i) any penalty required under section 358e(d) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a(d)); or
(ii) any requirement under Marketing Agreement No. 146,
Regulating the Quality of Domestically Produced Peanuts, on
peanuts in the domestic market, pursuant to section 108B(f)
of the Agricultural Act of 1949 (7 U.S.C. 1445c-3(f)).
(B) Reentry of exported peanuts.--Paragraph (6) of section
358e(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359a(d)(6)) is amended to read as follows:
``(6) Reentry of exported peanuts.--
``(A) Penalty.--If any additional peanuts exported by a
handler are reentered into the United States in commercial
quantities as determined by the Secretary, the importer of the
peanuts shall be subject to a penalty at a rate equal to 140
percent of the loan level for quota peanuts on the quantity of
peanuts reentered.
``(B) Records.--Each person, firm, or handler who imports
peanuts into the United States shall maintain such records and
documents as are required by the Secretary to ensure compliance
with this subsection.''.
(2) Consultations on imports.--It is the sense of Congress that
the United States should request consultations in the Working Group
on Emergency Action, established in the Understanding Between the
Parties to the North American Free Trade Agreement Concerning
Chapter Eight--Emergency Action, if imports of peanuts exceed the
in-quota quantity under a tariff rate quota set out in the United
States Schedule to Annex 302.2 of the Agreement concerning whether--
(A) the increased imports of peanuts constitute a
substantial cause of, or contribute importantly to, serious
injury, or threat of serious injury, to the domestic peanut
industry; and
(B) recourse under Chapter Eight of the Agreement or Article
XIX of the General Agreement on Tariffs and Trade is
appropriate.
(e) Fresh Fruits, Vegetables, and Cut Flowers.--
(1) In general.--The Secretary of Agriculture shall collect and
compile the information specified under paragraph (3), if reasonably
available, from appropriate Federal departments and agencies and the
relevant counterpart ministries of the Government of Mexico.
(2) Designation of an office.--The Secretary of Agriculture
shall designate an office within the United States Department of
Agriculture to be responsible for maintaining and disseminating, in
a timely manner, the data accumulated for verifying citrus, fruit,
vegetable, and cut flower trade between the United States and
Mexico. The information shall be made available to the public and
the NAFTA Agriculture Committee Working Groups.
(3) Information collected.--The information to be collected, if
reasonably available, includes--
(A) monthly fresh fruit, fresh vegetable, fresh citrus, and
processed citrus product import and export data;
(B) monthly citrus juice production and export data;
(C) data on inspections of shipments of citrus, vegetables,
and cut flowers entering the United States from Mexico; and
(D) in the case of fruits, vegetables, and cut flowers
entering the United States from Mexico, data regarding--
(i) planted and harvested acreage; and
(ii) wholesale prices, quality, and grades.
(f) End-Use Certificates.--
(1) In general.--The Secretary of Agriculture (referred to in
this subsection as the ``Secretary'') shall implement, in
coordination with the Commissioner of Customs, a program requiring
that end-use certificates be included in the documentation covering
the entry into, or the withdrawal from a warehouse for consumption
in, the customs territory of the United States--
(A) of any wheat that is a product of any foreign country or
instrumentality that requires, as of the effective date of this
subsection, end-use certificates for imports of wheat that is a
product of the United States (referred to in this subsection as
``United States-produced wheat''); and
(B) of any barley that is a product of any foreign country
or instrumentality that requires, as of the effective date of
this subsection, end-use certificates for imports of barley that
is a product of the United States (referred to in this
subsection as ``United States-produced barley'').
(2) Regulations.--The Secretary shall prescribe by regulation
such requirements regarding the information to be included in end-
use certificates as may be necessary and appropriate to carry out
this subsection.
(3) Producer protection determination.--At any time after the
effective date of the requirements established under paragraph (1),
the Secretary may, subject to paragraph (5), suspend the
requirements when making a determination, after consultation with
domestic producers, that the program implemented under this
subsection has directly resulted in--
(A) the reduction of income to the United States producers
of agricultural commodities; or
(B) the reduction of the competitiveness of United States
agricultural commodities in the world export markets.
(4) Suspension of requirements.--
(A) Wheat.--If a foreign country or instrumentality that
requires end-use certificates for imports of United States-
produced wheat as of the effective date of the requirement under
paragraph (1)(A) eliminates the requirement, the Secretary shall
suspend the requirement under paragraph (1)(A) beginning 30
calendar days after suspension by the foreign country or
instrumentality.
(B) Barley.--If a foreign country or instrumentality that
requires end-use certificates for imports of United States-
produced barley as of the effective date of the requirement
under paragraph (1)(B) eliminates the requirement, the Secretary
shall suspend the requirement under paragraph (1)(B) beginning
30 calendar days after suspension by the foreign country or
instrumentality.
(5) Report to congress.--The Secretary shall not suspend the
requirements established under paragraph (1) under circumstances
identified in paragraph (3) before the Secretary submits a report to
Congress detailing the determination made under paragraph (3) and
the reasons for making the determination.
(6) Compliance.--It shall be a violation of section 1001 of
title 18, United States Code, for a person to engage in fraud or
knowingly violate this subsection or a regulation implementing this
subsection.
(7) Effective date.--This subsection shall become effective on
the date that is 120 days after the date of enactment of this Act.
(g) Agricultural Fellowship Program.--Section 1542(d) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7
U.S.C. 5622 note) is amended by adding at the end the following new
paragraph:
``(3) Agricultural fellowships for nafta countries.--
``(A) In general.--The Secretary shall grant fellowships to
individuals from countries that are parties to the North
American Free Trade Agreement (referred to in this paragraph as
`NAFTA') to study agriculture in the United States, and to
individuals in the United States to study agriculture in other
NAFTA countries.
``(B) Purpose.--The purpose of fellowships granted under
this paragraph is--
``(i) to allow the recipients to expand their knowledge
and understanding of agricultural systems and practices in
other NAFTA countries;
``(ii) to facilitate the improvement of agricultural
systems in NAFTA countries; and
``(iii) to establish and expand agricultural trade
linkages between the United States and other NAFTA
countries.
``(C) Eligible recipients.--The Secretary may provide
fellowships under this paragraph to agricultural producers and
consultants, government officials, and other individuals from
the private and public sectors.
``(D) Acceptance of gifts.--The Secretary may accept money,
funds, property, and services of every kind by gift, devise,
bequest, grant, or otherwise, and may in any manner, dispose of
all of the holdings and use the receipts generated from the
disposition to carry out this paragraph. Receipts under this
paragraph shall remain available until expended.
``(E) Authorization of appropriation.--There are authorized
to be appropriated such sums as are necessary to carry out this
paragraph.''.
(h) Assistance for Affected Farmworkers.--
(1) In general.--Subject to paragraph (3), if at any time the
Secretary of Agriculture determines that the implementation of the
Agreement has caused low-income migrant or seasonal farmworkers to
lose income, the Secretary may make available grants, not to exceed
$20,000,000 for any fiscal year, to public agencies or private
organizations with tax-exempt status under section 501(c)(3) of the
Internal Revenue Code of 1986, that have experience in providing
emergency services to low-income migrant or seasonal farmworkers.
Emergency services to be provided with assistance received under
this subsection may include such types of assistance as the
Secretary determines to be necessary and appropriate.
(2) Definition.--As used in this subsection, the term ``low-
income migrant or seasonal farmworker'' shall have the same meaning
as provided in section 2281(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a(b)).
(3) Authorization of appropriations.--There are authorized to be
appropriated $20,000,000 for each fiscal year to carry out this
subsection.
(i) Biennial Report on Effects of the Agreement on American
Agriculture.--
(1) In general.--The Secretary of Agriculture shall prepare a
biennial report on the effects of the Agreement on United States
producers of agricultural commodities and on rural communities
located in the United States.
(2) Contents of report.--The report required under this
subsection shall include--
(A) an assessment of the effects of implementing the
Agreement on the various agricultural commodities affected by
the Agreement, on a commodity-by-commodity basis;
(B) an assessment of the effects of implementing the
Agreement on investments made in United States agriculture and
on rural communities located in the United States;
(C) an assessment of the effects of implementing the
Agreement on employment in United States agriculture, including
any gains or losses of jobs in businesses directly or indirectly
related to United States agriculture; and
(D) such other information and data as the Secretary
determines appropriate.
(3) Submission of Report.--The Secretary shall furnish the
report required under this subsection to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and to the
Committee on Agriculture of the House of Representatives. The report
shall be due every 2 years and shall be submitted by March 1 of the
year in which the report is due. The first report shall be due by
March 1, 1997, and the final report shall be due by March 1, 2011.
Subtitle C--Intellectual Property

8892be88205f2901574393ecf05e479f2eea38f8e4d6f1a81d5466e448e302b3

Section 104 of title 35, United States Code, is amended to read as
follows:
``§104. Invention made abroad
``(a) In General.--In proceedings in the Patent and Trademark
Office, in the courts, and before any other competent authority, an
applicant for a patent, or a patentee, may not establish a date of
invention by reference to knowledge or use thereof, or other activity
with respect thereto, in a foreign country other than a NAFTA country,
except as provided in sections 119 and 365 of this title. Where an
invention was made by a person, civil or military, while domiciled in
the United States or a NAFTA country and serving in any other country in
connection with operations by or on behalf of the United States or a
NAFTA country, the person shall be entitled to the same rights of
priority in the United States with respect to such invention as if such
invention had been made in the United States or a NAFTA country. To the
extent that any information in a NAFTA country concerning knowledge,
use, or other activity relevant to proving or disproving a date of
invention has not been made available for use in a proceeding in the
Office, a court, or any other competent authority to the same extent as
such information could be made available in the United States, the
Commissioner, court, or such other authority shall draw appropriate
inferences, or take other action permitted by statute, rule, or
regulation, in favor of the party that requested the information in the
proceeding.
``(b) Definition.--As used in this section, the term `NAFTA country'
has the meaning given that term in section 2(4) of the North American
Free Trade Agreement Implementation Act.''.

0167259d75badb507edd416a808b2af0cde806097d9a9c28507ab07d17fe7969

Section 4 of the Record Rental Amendment of 1984 (17 U.S.C. 109
note) is amended by striking out subsection (c).

3e601c77edc646abfe357cc16f3ff556118a6d18d70a2145573378cf0439f966

(a) Marks Not Registrable on the Principal Register.--Section 2 of
the Act entitled ``An Act to provide for the registration and protection
of trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946, commonly referred to as the Trademark Act of 1946 (15 U.S.C.
1052(e)), is amended--
(1) by amending subsection (e) to read as follows:
``(e) Consists of a mark which (1) when used on or in connection
with the goods of the applicant is merely descriptive or deceptively
misdescriptive of them, (2) when used on or in connection with the goods
of the applicant is primarily geographically descriptive of them, except
as indications of regional origin may be registrable under section 4,
(3) when used on or in connection with the goods of the applicant is
primarily geographically deceptively misdescriptive of them, or (4) is
primarily merely a surname.''; and
(2) in subsection (f)--
(A) by striking out ``and (d)'' and inserting ``(d), and
(e)(3)''; and
(B) by adding at the end the following new sentence:
``Nothing in this section shall prevent the registration of a
mark which, when used on or in connection with the goods of the
applicant, is primarily geographically deceptively
misdescriptive of them, and which became distinctive of the
applicant's goods in commerce before the date of the enactment
of the North American Free Trade Agreement Implementation
Act.''.
(b) Supplemental Register.--Section 23(a) of the Trademark Act of
1946 (15 U.S.C. 1091(a)) is amended--
(1) by striking out ``and (d)'' and inserting ``(d), and
(e)(3)''; and
(2) by adding at the end the following new sentence: ``Nothing
in this section shall prevent the registration on the supplemental
register of a mark, capable of distinguishing the applicant's goods
or services and not registrable on the principal register under this
Act, that is declared to be unregistrable under section 2(e)(3), if
such mark has been in lawful use in commerce by the owner thereof,
on or in connection with any goods or services, since before the
date of the enactment of the North American Free Trade Agreement
Implementation Act.''.

c14e40286d0c9bef97c5ac90917919b0fa3a937a4e4d40ebe226fae4c5ad7843

(a) In General.--Chapter 1 of title 17, United States Code, is
amended by inserting after section 104 the following new section:
``§104A. Copyright in certain motion pictures
``(a) Restoration of Copyright.--Subject to subsections (b) and
(c)--
``(1) any motion picture that is first fixed or published in the
territory of a NAFTA country as defined in section 2(4) of the North
American Free Trade Agreement Implementation Act to which Annex
1705.7 of the North American Free Trade Agreement applies, and
``(2) any work included in such motion picture that is first
fixed in or published with such motion picture,
that entered the public domain in the United States because it was first
published on or after January 1, 1978, and before March 1, 1989, without
the notice required by section 401, 402, or 403 of this title, the
absence of which has not been excused by the operation of section 405 of
this title, as such sections were in effect during that period, shall
have copyright protection under this title for the remainder of the term
of copyright protection to which it would have been entitled in the
United States had it been published with such notice.
``(b) Effective Date of Protection.--The protection provided under
subsection (a) shall become effective, with respect to any motion
picture or work included in such motion picture meeting the criteria of
that subsection, 1 year after the date on which the North American Free
Trade Agreement enters into force with respect to, and the United States
applies the Agreement to, the country in whose territory the motion
picture was first fixed or published if, before the end of that 1-year
period, the copyright owner in the motion picture or work files with the
Copyright Office a statement of intent to have copyright protection
restored under subsection (a). The Copyright Office shall publish in the
Federal Register promptly after that effective date a list of motion
pictures, and works included in such motion pictures, for which
protection is provided under subsection (a).
``(c) Use of Previously Owned Copies.--A national or domiciliary of
the United States who, before the date of the enactment of the North
American Free Trade Agreement Implementation Act, made or acquired
copies of a motion picture, or other work included in such motion
picture, that is subject to protection under subsection (a), may sell or
distribute such copies or continue to perform publicly such motion
picture and other work without liability for such sale, distribution, or
performance, for a period of 1 year after the date on which the list of
motion pictures, and works included in such motion pictures, that are
subject to protection under subsection (a) is published in the Federal
Register under subsection (b).''.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 1 of title 17, United States Code, is amended by inserting after
the item relating to section 104 the following new item:
``104A. Copyright in certain motion pictures.''.

5a8764dbda78c11d7259f90d178c9dc1e4de36d756bd4abe9765d0a74bde51fa

(a) in General.--Subject to subsections (b) and (c), the amendments
made by this subtitle take effect on the date the Agreement enters into
force with respect to the United States.
(b) Section 331.--The amendments made by section 331 shall apply to
all patent applications that are filed on or after the date of the
enactment of this Act: Provided, That an applicant for a patent, or a
patentee, may not establish a date of invention by reference to
knowledge or use thereof, or other activity with respect thereto, in a
NAFTA country, except as provided in sections 119 and 365 of title 35,
United States Code, that is earlier than the date of the enactment of
this Act.
(c) Section 333.--The amendments made by section 333 shall apply
only to trademark applications filed on or after the date of the
enactment of this Act.
Subtitle D--Temporary Entry of Business Persons

c03d687dd3140c022abf2dc6927be32e4f36fc560576fb7f05b00f42e85a1566

(a) Nonimmigrant Traders and Investors.--Upon a basis of reciprocity
secured by the Agreement, an alien who is a citizen of Canada or Mexico,
and the spouse and children of any such alien if accompanying or
following to join such alien, may, if otherwise eligible for a visa and
if otherwise admissible into the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), be considered to be
classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act
(8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in
Section B of Annex 1603 of the Agreement, but only if any such purpose
shall have been specified in such Annex on the date of entry into force
of the Agreement. For purposes of this section, the term ``citizen of
Mexico'' means ``citizen'' as defined in Annex 1608 of the Agreement.
(b) Nonimmigrant Professionals and Annual Numerical Limit.--Section
214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
redesignating subsection (e) as paragraph (1) of subsection (e) and
adding after such paragraph (1), as redesignated, the following new
paragraphs:
``(2) An alien who is a citizen of Canada or Mexico, and the spouse
and children of any such alien if accompanying or following to join such
alien, who seeks to enter the United States under and pursuant to the
provisions of Section D of Annex 1603 of the North American Free Trade
Agreement (in this subsection referred to as `NAFTA') to engage in
business activities at a professional level as provided for in such
Annex, may be admitted for such purpose under regulations of the
Attorney General promulgated after consultation with the Secretaries of
State and Labor. For purposes of this Act, including the issuance of
entry documents and the application of subsection (b), such alien shall
be treated as if seeking classification, or classifiable, as a
nonimmigrant under section 101(a)(15). The admission of an alien who is
a citizen of Mexico shall be subject to paragraphs (3), (4), and (5).
For purposes of this paragraph and paragraphs (3), (4), and (5), the
term `citizen of Mexico' means `citizen' as defined in Annex 1608 of
NAFTA.
``(3) The Attorney General shall establish an annual numerical limit
on admissions under paragraph (2) of aliens who are citizens of Mexico,
as set forth in Appendix 1603.D.4 of Annex 1603 of the NAFTA. Subject to
paragraph (4), the annual numerical limit--
``(A) beginning with the second year that NAFTA is in force, may
be increased in accordance with the provisions of paragraph 5(a) of
Section D of such Annex, and
``(B) shall cease to apply as provided for in paragraph 3 of
such Appendix.
``(4) The annual numerical limit referred to in paragraph (3) may be
increased or shall cease to apply (other than by operation of paragraph
3 of such Appendix) only if--
``(A) the President has obtained advice regarding the proposed
action from the appropriate advisory committees established under
section 135 of the Trade Act of 1974 (19 U.S.C. 2155);
``(B) the President has submitted a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives that sets forth--
``(i) the action proposed to be taken and the reasons
therefor, and
``(ii) the advice obtained under subparagraph (A);
``(C) a period of at least 60 calendar days that begins on the
first day on which the President has met the requirements of
subparagraphs (A) and (B) with respect to such action has expired;
and
``(D) the President has consulted with such committees regarding
the proposed action during the period referred to in subparagraph
(C).
``(5) During the period that the provisions of Appendix 1603.D.4 of
Annex 1603 of the NAFTA apply, the entry of an alien who is a citizen of
Mexico under and pursuant to the provisions of Section D of Annex 1603
of NAFTA shall be subject to the attestation requirement of section
212(m), in the case of a registered nurse, or the application
requirement of section 212(n), in the case of all other professions set
out in Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition
requirement of subsection (c), to the extent and in the manner
prescribed in regulations promulgated by the Secretary of Labor, with
respect to sections 212(m) and 212(n), and the Attorney General, with
respect to subsection (c).''.
(c) Labor Disputes.--Section 214 of the Immigration and Nationality
Act (8 U.S.C. 1184) is amended by adding at the end the following new
subsection:
``(j) Notwithstanding any other provision of this Act, an alien who
is a citizen of Canada or Mexico who seeks to enter the United States
under and pursuant to the provisions of Section B, Section C, or Section
D of Annex 1603 of the North American Free Trade Agreement, shall not be
classified as a nonimmigrant under such provisions if there is in
progress a strike or lockout in the course of a labor dispute in the
occupational classification at the place or intended place of
employment, unless such alien establishes, pursuant to regulations
promulgated by the Attorney General, that the alien's entry will not
affect adversely the settlement of the strike or lockout or the
employment of any person who is involved in the strike or lockout.
Notice of a determination under this subsection shall be given as may be
required by paragraph 3 of article 1603 of such Agreement. For purposes
of this subsection, the term `citizen of Mexico' means `citizen' as
defined in Annex 1608 of such Agreement.''.

0ab9048fb67d7a6d41e206338302f051355ff800c665c4d322e396be68c565ea

The provisions of this subtitle take effect on the date the
Agreement enters into force with respect to the United States.
Subtitle E--Standards
PART 1--STANDARDS AND MEASURES

42c6390d5226061d4f92baa466daaab9338b4c677dfe06cd5c39c042b1ee71ed

(a) In General.--Title IV of the Trade Agreements Act of 1979 (19
U.S.C. 2531 et seq.) is amended by inserting at the end the following
new subtitle:
``Subtitle E--Standards and Measures Under the North American Free Trade
Agreement
``CHAPTER 1--SANITARY AND PHYTOSANITARY MEASURES
``SEC. 461. GENERAL.
``Nothing in this chapter may be construed--
``(1) to prohibit a Federal agency or State agency from engaging
in activity related to sanitary or phytosanitary measures to protect
human, animal, or plant life or health; or
``(2) to limit the authority of a Federal agency or State agency
to determine the level of protection of human, animal, or plant life
or health the agency considers appropriate.
``SEC. 462. INQUIRY POINT.
``The standards information center maintained under section 414
shall, in addition to the functions specified therein, make available to
the public relevant documents, at such reasonable fees as the Secretary
of Commerce may prescribe, and information regarding--
``(1) any sanitary or phytosanitary measure of general
application, including any control or inspection procedure or
approval procedure proposed, adopted, or maintained by a Federal or
State agency;
``(2) the procedures of a Federal or State agency for risk
assessment, and factors the agency considers in conducting the
assessment and in establishing the levels of protection that the
agency considers appropriate;
``(3) the membership and participation of the Federal Government
and State governments in international and regional sanitary and
phytosanitary organizations and systems, and in bilateral and
multilateral arrangements regarding sanitary and phytosanitary
measures, and the provisions of those systems and arrangements; and
``(4) the location of notices of the type required under article
719 of the NAFTA, or where the information contained in such notices
can be obtained.
``SEC. 463. CHAPTER DEFINITIONS.
``Notwithstanding section 451, for purposes of this chapter--
``(1) Animal.--The term `animal' includes fish, bees, and wild
fauna.
``(2) Approval procedure.--The term `approval procedure' means
any registration, notification, or other mandatory administrative
procedure for--
``(A) approving the use of an additive for a stated purpose
or under stated conditions, or
``(B) establishing a tolerance for a stated purpose or under
stated conditions for a contaminant,
in a food, beverage, or feedstuff prior to permitting the use of the
additive or the marketing of a food, beverage, or feedstuff
containing the additive or contaminant.
``(3) Contaminant.--The term `contaminant' includes pesticide
and veterinary drug residues and extraneous matter.
``(4) Control or inspection procedure.--The term `control or
inspection procedure' means any procedure used, directly or
indirectly, to determine that a sanitary or phytosanitary measure is
fulfilled, including sampling, testing, inspection, evaluation,
verification, monitoring, auditing, assurance of conformity,
accreditation, registration, certification, or other procedure
involving the physical examination of a good, of the packaging of a
good, or of the equipment or facilities directly related to
production, marketing, or use of a good, but does not mean an
approval procedure.
``(5) Plant.--The term `plant' includes wild flora.
``(6) Risk assessment.--The term `risk assessment' means an
evaluation of--
``(A) the potential for the introduction, establishment or
spread of a pest or disease and associated biological and
economic consequences; or
``(B) the potential for adverse effects on human or animal
life or health arising from the presence of an additive,
contaminant, toxin or disease-causing organism in a food,
beverage, or feedstuff.
``(7) Sanitary or phytosanitary measure.--
``(A) In general.--The term `sanitary or phytosanitary
measure' means a measure to--
``(i) protect animal or plant life or health in the
United States from risks arising from the introduction,
establishment, or spread of a pest or disease;
``(ii) protect human or animal life or health in the
United States from risks arising from the presence of an
additive, contaminant, toxin, or disease-causing organism in
a food, beverage, or feedstuff;
``(iii) protect human life or health in the United
States from risks arising from a disease-causing organism or
pest carried by an animal or plant, or a product thereof; or
``(iv) prevent or limit other damage in the United
States arising from the introduction, establishment, or
spread of a pest.
``(B) Form.--The form of a sanitary or phytosanitary measure
includes--
``(i) end product criteria;
``(ii) a product-related processing or production
method;
``(iii) a testing, inspection, certification, or
approval procedure;
``(iv) a relevant statistical method;
``(v) a sampling procedure;
``(vi) a method of risk assessment;
``(vii) a packaging and labeling requirement directly
related to food safety; and
``(viii) a quarantine treatment, such as a relevant
requirement associated with the transportation of animals or
plants or with material necessary for their survival during
transportation.
``CHAPTER 2--STANDARDS-RELATED MEASURES
``SEC. 471. GENERAL.
``(a) No Bar To Engaging in Standards Activity.--Nothing in this
chapter shall be construed--
``(1) to prohibit a Federal agency from engaging in activity
related to standards-related measures, including any such measure
relating to safety, the protection of human, animal, or plant life
or health, the environment or consumers; or
``(2) to limit the authority of a Federal agency to determine
the level it considers appropriate of safety or of protection of
human, animal, or plant life or health, the environment or
consumers.
``(b) Exclusion.--This chapter does not apply to--
``(1) technical specifications prepared by a Federal agency for
production or consumption requirements of the agency; or
``(2) sanitary or phytosanitary measures under chapter 1.
``SEC. 472. INQUIRY POINT.
``The standards information center maintained under section 414
shall, in addition to the functions specified therein, make available to
the public relevant documents, at such reasonable fees as the Secretary
of Commerce may prescribe, and information regarding--
``(1) the membership and participation of the Federal
Government, State governments, and relevant nongovernmental bodies
in the United States in international and regional standardizing
bodies and conformity assessment systems, and in bilateral and
multilateral arrangements regarding standards-related measures, and
the provisions of those systems and arrangements;
``(2) the location of notices of the type required under article
909 of the NAFTA, or where the information contained in such notice
can be obtained; and
``(3) the Federal agency procedures for assessment of risk, and
factors the agency considers in conducting the assessment and
establishing the levels of protection that the agency considers
appropriate.
``SEC. 473. CHAPTER DEFINITIONS.
``Notwithstanding section 451, for purposes of this chapter--
``(1) Approval procedure.--The term `approval procedure' means
any registration, notification, or other mandatory administrative
procedure for granting permission for a good or service to be
produced, marketed, or used for a stated purpose or under stated
conditions.
``(2) Conformity assessment procedure.--The term `conformity
assessment procedure' means any procedure used, directly or
indirectly, to determine that a technical regulation or standard is
fulfilled, including sampling, testing, inspection, evaluation,
verification, monitoring, auditing, assurance of conformity,
accreditation, registration, or approval used for such a purpose,
but does not mean an approval procedure.
``(3) Objective.--The term `objective' includes--
``(A) safety,
``(B) protection of human, animal, or plant life or health,
the environment or consumers, including matters relating to
quality and identifiability of goods or services, and
``(C) sustainable development,
but does not include the protection of domestic production.
``(4) Service.--The term `service' means a land transportation
service or a telecommunications service.
``(5) Standard.--The term `standard' means--
``(A) characteristics for a good or a service,
``(B) characteristics, rules, or guidelines for--
``(i) processes or production methods relating to such
good, or
``(ii) operating methods relating to such service, and
``(C) provisions specifying terminology, symbols, packaging,
marking, or labelling for--
``(i) a good or its related process or production
methods, or
``(ii) a service or its related operating methods,
for common and repeated use, including explanatory and other related
provisions set out in a document approved by a standardizing body,
with which compliance is not mandatory.
``(6) Standards-related measure.--The term `standards-related
measure' means a standard, technical regulation, or conformity
assessment procedure.
``(7) Technical regulation.--The term `technical regulation'
means--
``(A) characteristics or their related processes and
production methods for a good,
``(B) characteristics for a service or its related operating
methods, or
``(C) provisions specifying terminology, symbols, packaging,
marking, or labelling for--
``(i) a good or its related process or production
method, or
``(ii) a service or its related operating method,
set out in a document, including applicable administrative,
explanatory, and other related provisions, with which compliance is
mandatory.
``(8) Telecommunications service.--The term `telecommunications
service' means a service provided by meansP
of the transmission and reception of signals by any electromagnetic
means, but does not mean the cable, broadcast, or other electromagnetic
distribution of radio or television programming to the public generally.
``CHAPTER 3--SUBTITLE DEFINITIONS
``SEC. 481. DEFINITIONS.
``Notwithstanding section 451, for purposes of this subtitle--
``(1) NAFTA.--The term `NAFTA' means the North American Free
Trade Agreement.
``(2) State.--The term `State' means any of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico.''.
(b) Technical Amendments.--
(1) Definition of trade representative.--Section 451(12) of the
Trade Agreements Act of 1979 is amended to read as follows:
``(12) Trade representative.--The term `Trade Representative'
means the United States Trade Representative.''.
(2) Conforming amendments.--Title IV of the Trade Agreement Act
of 1979 is further amended--
(A) by striking out ``Special Representative'' each place it
appears and inserting ``Trade Representative''; and
(B) in the section heading to section 411, by striking out
``special representative'' and inserting ``trade
representative''.

e4fefdf48c90d2b5d4d65f55ab81da0312c4baf2df811b95fbc5bf19de49edb5

No regulation issued by the Secretary of Transportation implementing
a recommendation of the Land Transportation Standards Subcommittee
established under article 913(5)(a)(i) of the Agreement may take effect
before the date 90 days after the date of issuance.
PART 2--AGRICULTURAL STANDARDS

9b4d694c12f9d409a704a0f17f879a164a8f278854a43efe35dd494be6a51512

(a) Federal Seed Act.--Section 302(e)(1) of the Federal Seed Act (7
U.S.C. 1582(e)(1)) is amended by inserting ``or Mexico'' after
``Canada''.
(b) Importation of Animals.--The first sentence of section 6 of the
Act of August 30, 1890 (26 Stat. 416, chapter 839; 21 U.S.C. 104), is
amended by striking ``: Provided'' and all that follows through the
period at the end of the sentence and inserting ``, except that the
Secretary of Agriculture, in accordance with such regulations as the
Secretary may issue, may (1) permit the importation of cattle, sheep, or
other ruminants, and swine, from Canada or Mexico, and (2) permit the
importation from the British Virgin Islands into the Virgin Islands of
the United States, for slaughter only, of cattle that have been infested
with or exposed to ticks on being freed from the ticks.''.
(c) Inspection of Animals.--Section 10 of the Act of August 30, 1890
(26 Stat. 417, chapter 839; 21 U.S.C. 105), is amended--
(1) by inserting above ``Sec. 10.'' the following new section
heading:
``SEC. 10. INSPECTION OF ANIMALS.'';
(2) by striking ``Sec. 10. That the Secretary of Agriculture
shall'' and inserting ``(a) In General.--Except as provided in
subsection (b), the Secretary of Agriculture shall''; and
(3) by adding at the end the following new subsection:
``(b) Exception.--The Secretary of Agriculture, in accordance with
such regulations as the Secretary may issue, may waive any provision of
subsection (a) in the case of shipments between the United States and
Canada or Mexico.''.
(d) Disease-Free Countries or Regions.--
(1) Tariff act of 1930.--Section 306 of the Tariff Act of 1930
(19 U.S.C. 1306) is amended--
(A) in subsection (a), by striking ``Rinderpest and Foot-
and-Mouth Disease.--If the Secretary of Agriculture'' and
inserting ``In General.--Except as provided in subsection (b),
if the Secretary of Agriculture''; and
(B) by striking subsection (b) and inserting the following
new subsection:
``(b) Exception.--The Secretary of Agriculture may permit, subject
to such terms and conditions as the Secretary determines appropriate,
the importation of cattle, sheep, other ruminants, or swine (including
embryos of the animals), or the fresh, chilled, or frozen meat of the
animals, from a region if the Secretary determines that the region from
which the animal or meat originated is, and is likely to remain, free
from rinderpest and foot-and-mouth disease.''.
(2) Honeybee act.--The first section of the Act of August 31,
1922 (commonly known as the ``Honeybee Act'') (42 Stat. 833, chapter
301; 7 U.S.C. 281), is amended--
(A) in subsection (a)--
(i) by striking ``, or'' at the end of paragraph (1) and
inserting a semicolon;
(ii) by striking the period at the end of paragraph (2)
and inserting ``; or''; and
(iii) by adding at the end the following new paragraph:
``(3) from Canada or Mexico, subject to such terms and
conditions as the Secretary of Agriculture determines appropriate,
if the Secretary determines that the region of Canada or Mexico from
which the honeybees originated is, and is likely to remain, free of
diseases or parasites harmful to honeybees, and undesirable species
or subspecies of honeybees.''; and
(B) in subsection (b)--
(i) by inserting ``(1)'' after ``imported into the
United States only from''; and
(ii) by inserting before the period the following: ``,
or (2) Canada or Mexico, if the Secretary of Agriculture
determines that the region of Canada or Mexico from which
the imports originate is, and is likely to remain, free of
undesirable species or subspecies of honeybees''.
(e) Poultry Products Inspection Act.--Section 17(d) of the Poultry
Products Inspection Act (21 U.S.C. 466(d)) is amended--
(1) in paragraph (1), by inserting after ``Notwithstanding any
other provision of law,'' the following: ``except as provided in
paragraph (2),'';
(2) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2)(A) Notwithstanding any other provision of law, all poultry, or
parts or products of poultry, capable of use as human food offered for
importation into the United States from Canada and Mexico shall--
``(i) comply with paragraph (1); or
``(ii)(I) be subject to inspection, sanitary, quality, species
verification, and residue standards that are equivalent to United
States standards; and
``(II) have been processed in facilities and under conditions
that meet standards that are equivalent to United States standards.
``(B) The Secretary may treat as equivalent to a United States
standard a standard of Canada or Mexico described in subparagraph
(A)(ii) if the exporting country provides the Secretary with scientific
evidence or other information, in accordance with risk assessment
methodologies agreed to by the Secretary and the exporting country, to
demonstrate that the standard of the exporting country achieves the
level of protection that the Secretary considers appropriate.
``(C) The Secretary may--
``(i) determine, on a scientific basis, that the standard of the
exporting country does not achieve the level of protection that the
Secretary considers appropriate; and
``(ii) provide the basis for the determination in writing to the
exporting country on request.''.
(f) Federal Meat Inspection Act.--Section 20(e) of the Federal Meat
Inspection Act (21 U.S.C. 620(e)) is amended--
(1) by striking ``not be limited to--'' and inserting ``not be
limited to the following:'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through (6) as paragraphs
(3) through (7), respectively;
(4) by inserting after ``not be limited to the following:'' (as
amended by paragraph (1)) the following new paragraphs:
``(1)(A) Subject to subparagraphs (B) and (C), a certification
by the Secretary that foreign plants in Canada and Mexico that
export carcasses or meat or meat products referred to in subsection
(a) have complied with paragraph (2) or with requirements that are
equivalent to United States requirements with regard to all
inspection and building construction standards, and all other
provisions of this Act and regulations issued under this Act.
``(B) Subject to subparagraph (C), the Secretary may treat as
equivalent to a United States requirement a requirement described in
subparagraph (A) if the exporting country provides the Secretary
with scientific evidence or other information, in accordance with
risk assessment methodologies agreed to by the Secretary and the
exporting country, to demonstrate that the requirement or standard
of the exporting country achieves the level of protection that the
Secretary considers appropriate.
``(C) The Secretary may--
``(i) determine, on a scientific basis, that a requirement
of an exporting country does not achieve the level of protection
that the Secretary considers appropriate; and
``(ii) provide the basis for the determination to the
exporting country in writing on request.
``(2) A certification by the Secretary that, except as provided
in paragraph (1), foreign plants that export carcasses or meat or
meat products referred to in subsection (a) have complied with
requirements that are at least equal to all inspection and building
construction standards and all other provisions of this Act and
regulations issued under this Act.'';
(5) in paragraphs (3) through (7) (as redesignated by paragraph
(3)), by striking ``the'' the first place it appears in each
paragraph and inserting ``The'';
(6) in paragraphs (3) through (5) (as so redesignated), by
striking the semicolon at the end of each paragraph and inserting a
period; and
(7) in paragraph (6) (as so redesignated), by striking ``; and''
at the end and inserting a period.
(g) Peanut Butter and Peanut Paste.--
(1) In general.--Except as provided in paragraph (2), all peanut
butter and peanut paste in the United States domestic market shall
be processed from peanuts that meet the quality standards
established for peanuts under Marketing Agreement No. 146.
(2) Imports.--Peanut butter and peanut paste imported into the
United States shall comply with paragraph (1) or with sanitary
measures that achieve at least the same level of sanitary
protection.
(h) Animal Health Biocontainment Facility.--
(1) Grant for construction.--The Secretary of Agriculture shall
make a grant to a land grant college or university described in
paragraph (2) for the construction of a facility at the college or
university for the conduct of research in animal health, disease-
transmitting insects, and toxic chemicals that requires the use of
biocontainment facilities and equipment. The facility to be
constructed with the grant shall be known as the ``Southwest
Regional Animal Health Biocontainment Facility''.
(2) Grant recipient described.--To be eligible for the grant
under paragraph (1), a land grant college or university must be--
(A) located in a State adjacent to the international border
with Mexico; and
(B) determined by the Secretary of Agriculture to have an
established program in animal health research and education and
to have a collaborative relationship with one or more colleges
of veterinary medicine or universities located in Mexico.
(3) Activities of the facility.--The facility constructed using
the grant made under paragraph (1) shall be used for conducting the
following activities:
(A) The biocontainment facility shall offer the ability to
organize multidisciplinary international teams working on basic
and applied research on diagnostic method development and
disease control strategies, including development of vaccines.
(B) The biocontainment facility shall support research that
will improve the scientific basis for regulatory activities,
decreasing the need for new regulatory programs and enhancing
international trade.
(C) The biocontainment facility shall allow academic
institutions, governmental agencies, and the private sector to
conduct research in basic and applied research biology,
epidemiology, pathogenesis, host response, and diagnostic
methods, on disease agents that threaten the livestock
industries of the United States and Mexico.
(D) The biocontainment facility may be used to support
research involving food safety, toxicology, environmental
pollutants, radioisotopes, recombinant microorganisms, and
selected naturally resistant or transgenic animals.
(4) Authorization of appropriations.--There are authorized to be
appropriated for each fiscal year such sums as are necessary to
carry out this subsection.
(i) Reports on Inspection of Imported Meat, Poultry, Other Foods,
Animals, and Plants.--
(1) Definitions.--As used in this subsection:
(A) Imports.--The term ``imports'' means any meat, poultry,
other food, animal, or plant that is imported into the United
States in commercially significant quantities.
(B) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) In general.--In consultation with representatives of other
appropriate agencies, the Secretary shall prepare an annual report
on the impact of the Agreement on the inspection of imports.
(3) Contents of reports.--The report required under this
subsection shall, to the maximum extent practicable, include a
description of--
(A) the quantity or, with respect to the Customs Service,
the number of shipments, of imports from a NAFTA country that
are inspected at the borders of the United States with Canada
and Mexico during the prior year;
(B) any change in the level or types of inspections of
imports in each NAFTA country during the prior year;
(C) in any case in which the Secretary has determined that
the inspection system of another NAFTA country is equivalent to
the inspection system of the United States, the reasons
supporting the determination of the Secretary;
(D) the incidence of violations of inspection requirements
by imports from NAFTA countries during the prior year--
(i) at the borders of the United States with Mexico or
Canada; or
(ii) at the last point of inspection in a NAFTA country
prior to shipment to the United States if the agency accepts
inspection in that country;
(E) the incidence of violations of inspection requirements
of imports to the United States from Mexico or Canada prior to
the implementation of the Agreement;
(F) any additional cost associated with maintaining an
adequate inspection system of imports as a result of the
implementation of the Agreement;
(G) any incidence of transshipment of imports--
(i) that originate in a country other than a NAFTA
country;
(ii) that are shipped to the United States through a
NAFTA country during the prior year; and
(iii) that are incorrectly represented by the importer
to qualify for preferential treatment under the Agreement;
(H) the quantity and results of any monitoring by the United
States of equivalent inspection systems of imports in other
NAFTA countries during the prior year;
(I) the use by other NAFTA countries of sanitary and
phytosanitary measures (as defined in the Agreement) to limit
exports of United States meat, poultry, other foods, animals,
and plants to the countries during the prior year; and
(J) any other information the Secretary determines to be
appropriate.
(4) Frequency of reports.--The Secretary shall submit--
(A) the initial report required under this subsection not
later than January 31, 1995; and
(B) an annual report required under this subsection not
later than 1 year after the date of the submission of the
initial report and the end of each 1-year period thereafter
through calendar year 2004.
(5) Report to congress.--The Secretary shall prepare and submit
the report required under this subsection to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
Subtitle F--Corporate Average Fuel Economy

980ae34efc1b2ded4a92db99bf50fbfb0c6574c1225e2adce5be1d94c1e26a7e

(a) In General.--Section 503(b)(2) of the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 2003(b)(2)) is amended by adding at the
end the following new subparagraph:
``(G)(i) In accordance with the schedule set out in clause (ii),
an automobile shall be considered domestically manufactured in a
model year if at least 75 percent of the cost to the manufacturer of
the automobile is attributable to value added in the United States,
Canada, or Mexico, unless the assembly of the automobile is
completed in Canada or Mexico and the automobile is not imported
into the United States prior to the expiration of 30 days following
the end of that model year.
``(ii) Clause (i) shall apply to all automobiles manufactured by
a manufacturer and sold in the United States, wherever assembled, in
accordance with the following schedule:
``(I) With respect to a manufacturer that initiated the
assembly of automobiles in Mexico before model year 1992, the
manufacturer may elect, at any time between January 1, 1997, and
January 1, 2004, to have clause (i) apply to all automobiles it
manufactures, beginning with the model year commencing after the
date of such election.
``(II) With respect to a manufacturer initiating the
assembly of automobiles in Mexico after model year 1991, clause
(i) shall apply to all automobiles it manufactures, beginning
with the model year commencing after January 1, 1994, or the
model year commencing after the date that the manufacturer
initiates the assembly of automobiles in Mexico, whichever is
later.
``(III) With respect to a manufacturer not described by
subclause (I) or (II) assembling automobiles in the United
States or Canada but not in Mexico, the manufacturer may elect,
at any time between January 1, 1997, and January 1, 2004, to
have clause (i) apply to all automobiles it manufactures,
beginning with the model year commencing after the date of such
election, except that if such manufacturer initiates the
assembly of automobiles in Mexico before making such election,
this subclause shall not apply and the manufacturer shall be
subject to clause (II).
``(IV) With respect to a manufacturer not assembling
automobiles in the United States, Canada, or Mexico, clause (i)
shall apply to all automobiles it manufactures, beginning with
the model year commencing after January 1, 1994.
``(V) With respect to a manufacturer authorized to make an
election under subclause (I) or (III) which has not made that
election within the specified period, clause (i) shall apply to
all automobiles it manufactures, beginning with the model year
commencing after January 1, 2004.
``(iii) The Secretary shall prescribe reasonable procedures for
elections under this subparagraph, and the EPA Administrator may
prescribe rules for purposes of carrying out this subparagraph.''.
(b) Conforming Amendments.--The first sentence of section
503(b)(2)(E) of the Motor Vehicle Information and Cost Savings Act (15
U.S.C. 2003(b)(2)(E)) is amended--
(1) by striking ``An'' and inserting ``Except as provided in
subparagraph (G), an'', and
(2) in the last sentence, by striking ``this subparagraph'' and
inserting ``this subparagraph and subparagraph (G)''.
Subtitle G--Government Procurement

38a61b68c68f638a6e0124ff1018b8f0ebc7f2a2497de36d39cbee3b4ded434e

(a) In General.--Section 301 of the Trade Agreements Act of 1979 (19
U.S.C. 2511) is amended--
(1) in subsection (a) by striking ``The President'' and
inserting ``Subject to subsection (f) of this section, the
President'';
(2) by inserting ``or the North American Free Trade Agreement''
after ``the Agreement'' in paragraph (1) of subsection (b); and
(3) by adding at the end the following new subsections:
``(e) Procurement Procedures by Certain Federal Agencies.--
Notwithstanding any other provision of law, the President may direct any
agency of the United States listed in Annex 1001.1a-2 of the North
American Free Trade Agreement to procure eligible products in compliance
with the procedural provisions of chapter 10 of such Agreement.
``(f) Small Business and Minority Preferences.--The authority of the
President under subsection (a) of this section to waive any law,
regulation, procedure, or practice regarding Government procurement does
not authorize the waiver of any small business or minority
preference.''.
(b) Reciprocal Competitive Procurement Practices.--Section 302(a) of
such Act (19 U.S.C. 2512(a)) is amended by striking ``would otherwise be
eligible products'' in paragraph (1) and inserting ``are products
covered under the Agreement for procurement by the United States''.
(c) Definition of Eligible Product.--Section 308(4)(A) of such Act
(19 U.S.C. 2518(4)(A)) is amended to read as follows:
``(A) In general.--The term `eligible product' means, with
respect to any foreign country or instrumentality that is--
``(i) a party to the Agreement, a product or service of
that country or instrumentality which is covered under the
Agreement for procurement by the United States; or
``(ii) a party to the North American Free Trade
Agreement, a product or service of that country or
instrumentality which is covered under the North American
Free Trade Agreement for procurement by the United
States.''.
(d) Conforming Amendments.--Section 401 of the Rural Electrification
Act of 1938 (7 U.S.C. 903 note) is amended by inserting ``, Mexico, or
Canada'' after ``the United States'' each place it appears.
(e) Effective Date.--The provisions of this subtitle take effect on
the date the Agreement enters into force with respect to the United
States.
CASES
Subtitle A--Organizational, Administrative, and Procedural Provisions
Regarding the Implementation of Chapter 19 of the Agreement

4aefa02d067eddebce79be79a7c4da2f56a3ec2fd817087e28a85d63eceb4fb8

Any reference in this subtitle to an Annex, chapter, or article
shall be considered to be a reference to the respective Annex, chapter,
or article of the Agreement.

4be04c0deebb8b1a12e4e79102f42aa0c28841197145de62da19840f0792bec2

(a) Criteria for Selection of Individuals To Serve on Panels and
Committees.--
(1) In general.--The selection of individuals under this section
for--
(A) placement on lists prepared by the interagency group
under subsection (c)(2)(B) (i) and (ii);
(B) placement on preliminary candidate lists under
subsection (c)(3)(A);
(C) placement on final candidate lists under subsection
(c)(4)(A);
(D) placement by the Trade Representative on the rosters
described in paragraph 1 of Annex 1901.2 and paragraph 1 of
Annex 1904.13; and
(E) appointment by the Trade Representative for service on
the panels and committees convened under chapter 19;
shall be made on the basis of the criteria provided in paragraph 1
of Annex 1901.2 and paragraph 1 of Annex 1904.13 and shall be made
without regard to political affiliation.
(2) Additional criteria for roster placements and appointments
under paragraph 1 of annex 1901.2.--Rosters described in paragraph 1
of Annex 1901.2 shall include, to the fullest extent practicable,
judges and former judges who meet the criteria referred to in
paragraph (1). The Trade Representative shall, subject to subsection
(b), appoint judges to binational panels convened under chapter 19,
extraordinary challenge committees convened under chapter 19, and
special committees established under article 1905, where such judges
offer and are available to serve and such service is authorized by
the chief judge of the court on which they sit.
(b) Selection of Certain Judges To Serve on Panels and Committees.--
(1) Applicability.--This subsection applies only with respect to
the selection of individuals for binational panels convened under
chapter 19, extraordinary challenge committees convened under
chapter 19, and special committees established under article 1905,
who are judges of courts created under article III of the
Constitution of the United States.
(2) Consultation with chief judges.--The Trade Representative
shall consult, from time to time, with the chief judges of the
Federal judicial circuits regarding the interest in, and
availability for, participation in binational panels, extraordinary
challenge committees, and special committees, of judges within their
respective circuits. If the chief judge of a Federal judicial
circuit determines that it is appropriate for one or more judges
within that circuit to be included on a roster described in
subsection (a)(1)(D), the chief judge shall identify all such judges
for the Chief Justice of the United States who may, upon his or her
approval, submit the names of such judges to the Trade
Representative. The Trade Representative shall include the names of
such judges on the roster.
(3) Submission of lists to congress.--The Trade Representative
shall submit to the Committee on the Judiciary and the Committee on
Ways and Means of the House of Representatives and to the Committee
on Finance and the Committee on the Judiciary of the Senate a list
of all judges included on a roster under paragraph (2). Such list
shall be submitted at the same time as the final candidate lists are
submitted under subsection (c)(4)(A) and the final forms of
amendments are submitted under subsection (c)(4)(C)(iv).
(4) Appointment of judges to panels or committees.--At such time
as the Trade Representative proposes to appoint a judge described in
paragraph (1) to a binational panel, an extraordinary challenge
committee, or a special committee, the Trade Representative shall
consult with that judge in order to ascertain whether the judge is
available for such appointment.
(c) Selection of Other Candidates.--
(1) Applicability.--This subsection applies only with respect to
the selection of individuals for binational panels convened under
chapter 19, extraordinary challenge committees convened under
chapter 19, and special committees established under article 1905,
other than those individuals to whom subsection (b) applies.
(2) Interagency group.--
(A) Establishment.--There is established within the
interagency organization established under section 242 of the
Trade Expansion Act of 1962 (19 U.S.C. 1872) an interagency
group which shall--
(i) be chaired by the Trade Representative; and
(ii) consist of such officers (or the designees thereof)
of the United States Government as the Trade Representative
considers appropriate.
(B) Functions.--The interagency group established under
subparagraph (A) shall, in a manner consistent with chapter 19--
(i) prepare by January 3 of each calendar year--
(I) a list of individuals who are qualified to serve
as members of binational panels convened under chapter
19; and
(II) a list of individuals who are qualified to
serve on extraordinary challenge committees convened
under chapter 19 and special committees established
under article 1905;
(ii) if the Trade Representative makes a request under
paragraph (4)(C)(i) with respect to a final candidate list
during any calendar year, prepare by July 1 of such calendar
year a list of those individuals who are qualified to be
added to that final candidate list;
(iii) exercise oversight of the administration of the
United States Section that is authorized to be established
under section 105; and
(iv) make recommendations to the Trade Representative
regarding the convening of extraordinary challenge
committees and special committees under chapter 19.
(3) Preliminary candidate lists.--
(A) In general.--The Trade Representative shall select
individuals from the respective lists prepared by the
interagency group under paragraph (2)(B)(i) for placement on--
(i) a preliminary candidate list of individuals eligible
to serve as members of binational panels under Annex 1901.2;
and
(ii) a preliminary candidate list of individuals
eligible for selection as members of extraordinary challenge
committees under Annex 1904.13 and special committees under
article 1905.
(B) Submission of lists to congressional committees.--
(i) In general.--No later than January 3 of each
calendar year, the Trade Representative shall submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives (hereafter in this
section referred to as the ``appropriate Congressional
Committees'') the preliminary candidate lists of those
individuals selected by the Trade Representative under
subparagraph (A) to be candidates eligible to serve on
panels or committees convened pursuant to chapter 19 during
the 1-year period beginning on April 1 of such calendar
year.
(ii) Additional information.--At the time the candidate
lists are submitted under clause (i), the Trade
Representative shall submit for each individual on the list
a statement of professional qualifications.
(C) Consultation.--Upon submission of the preliminary
candidate lists under subparagraph (B) to the appropriate
Congressional Committees, the Trade Representative shall consult
with such Committees with regard to the individuals included on
the preliminary candidate lists.
(D) Revision of lists.--The Trade Representative may add and
delete individuals from the preliminary candidate lists
submitted under subparagraph (B) after consultation with the
appropriate Congressional Committees regarding the additions and
deletions. The Trade Representative shall provide to the
appropriate Congressional Committees written notice of any
addition or deletion of an individual from the preliminary
candidate lists, along with the information described in
subparagraph (B)(ii) with respect to any proposed addition.
(4) Final candidate lists.--
(A) Submission of lists to congressional committees.--No
later than March 31 of each calendar year, the Trade
Representative shall submit to the appropriate Congressional
Committees the final candidate lists of those individuals
selected by the Trade Representative to be candidates eligible
to serve on panels and committees convened under chapter 19
during the 1-year period beginning on April 1 of such calendar
year. An individual may be included on a final candidate list
only if such individual was included in the preliminary
candidate list or if written notice of the addition of such
individual to the preliminary candidate list was submitted to
the appropriate Congressional Committees at least 15 days before
the date on which that final candidate list is submitted to such
Committees under this subparagraph.
(B) Finality of lists.--Except as provided in subparagraph
(C), no additions may be made to the final candidate lists after
the final candidate lists are submitted to the appropriate
Congressional Committees under subparagraph (A).
(C) Amendment of lists.--
(i) In general.--If, after the Trade Representative has
submitted the final candidate lists to the appropriate
Congressional Committees under subparagraph (A) for a
calendar year and before July 1 of such calendar year, the
Trade Representative determines that additional individuals
need to be added to a final candidate list, the Trade
Representative shall--
(I) request the interagency group established under
paragraph (2)(A) to prepare a list of individuals who
are qualified to be added to such candidate list;
(II) select individuals from the list prepared by
the interagency group under paragraph (2)(B)(ii) to be
included in a proposed amendment to such final candidate
list; and
(III) by no later than July 1 of such calendar year,
submit to the appropriate Congressional Committees the
proposed amendments to such final candidate list
developed by the Trade Representative under subclause
(II), along with the information described in paragraph
(3)(B)(ii).
(ii) Consultation with congressional committees.--Upon
submission of a proposed amendment under clause (i)(III) to
the appropriate Congressional Committees, the Trade
Representative shall consult with the appropriate
Congressional Committees with regard to the individuals
included in the proposed amendment.
(iii) Adjustment of proposed amendment.--The Trade
Representative may add and delete individuals from any
proposed amendment submitted under clause (i)(III) after
consulting with the appropriate Congressional Committees
with regard to the additions and deletions. The Trade
Representative shall provide to the appropriate
Congressional Committees written notice of any addition or
deletion of an individual from the proposed amendment.
(iv) Final amendment.--
(I) In general.--If the Trade Representative submits
under clause (i)(III) in any calendar year a proposed
amendment to a final candidate list, the Trade
Representative shall, no later than September 30 of such
calendar year, submit to the appropriate Congressional
Committees the final form of such amendment. On October
1 of such calendar year, such amendment shall take
effect and, subject to subclause (II), the individuals
included in the final form of such amendment shall be
added to the final candidate list.
(II) Inclusion of individuals.--An individual may be
included in the final form of an amendment submitted
under subclause (I) only if such individual was included
in the proposed form of such amendment or if written
notice of the addition of such individual to the
proposed form of such amendment was submitted to the
appropriate Congressional Committees at least 15 days
before the date on which the final form of such
amendment is submitted to such Committees under
subclause (I).
(III) Eligibility for service.--Individuals added to
a final candidate list under subclause (I) shall be
eligible to serve on panels or committees convened under
chapter 19 during the 6-month period beginning on
October 1 of the calendar year in which such addition
occurs.
(IV) Finality of amendment.--No additions may be
made to the final form of an amendment described in
subclause (I) after the final form of such amendment is
submitted to the appropriate Congressional Committees
under subclause (I).
(5) Treatment of responses.--For purposes of applying section
1001 of title 18, United States Code, the written or oral responses
of individuals to inquiries of the interagency group established
under paragraph (2)(A) or of the Trade Representative regarding
their personal and professional qualifications, and financial and
other relevant interests, that bear on their suitability for the
placements and appointments described in subsection (a)(1), shall be
treated as matters within the jurisdiction of an agency of the
United States.
(d) Selection and Appointment.--
(1) Authority of trade representative.--The Trade Representative
is the only officer of the United States Government authorized to
act on behalf of the United States Government in making any
selection or appointment of an individual to--
(A) the rosters described in paragraph 1 of Annex 1901.2 and
paragraph 1 of Annex 1904.13; or
(B) the panels or committees convened under chapter 19;
that is to be made solely or jointly by the United States Government
under the terms of the Agreement.
(2) Restrictions on selection and appointment.--Except as
provided in paragraph (3)--
(A) the Trade Representative may--
(i) select an individual for placement on the rosters
described in paragraph 1 of Annex 1901.2 and paragraph 1 of
Annex 1904.13 during the 1-year period beginning on April 1
of any calendar year;
(ii) appoint an individual to serve as one of those
members of any panel or committee convened under chapter 19
during such 1-year period who, under the terms of the
Agreement, are to be appointed solely by the United States
Government; or
(iii) act to make a joint appointment with the
Government of a NAFTA country, under the terms of the
Agreement, of any individual who is a citizen or national of
the United States to serve as any other member of such a
panel or committee;
only if such individual is on the appropriate final candidate
list that was submitted to the appropriate Congressional
Committees under subsection (c)(4)(A) during such calendar year
or on such list as it may be amended under subsection
(c)(4)(C)(iv)(I), or on the list submitted under subsection
(b)(3) to the Congressional Committees referred to in such
subsection; and
(B) no individual may--
(i) be selected by the United States Government for
placement on the rosters described in paragraph 1 of Annex
1901.2 and paragraph 1 of Annex 1904.13; or
(ii) be appointed solely or jointly by the United States
Government to serve as a member of a panel or committee
convened under chapter 19;
during the 1-year period beginning on April 1 of any calendar
year for which the Trade Representative has not met the
requirements of subsection (a), and of subsection (b) or (c) (as
the case may be).
(3) Exceptions.--Notwithstanding subsection (c)(3) (other than
subparagraph (B)), (c)(4), or paragraph (2)(A) of this subsection,
individuals included on the preliminary candidate lists submitted to
the appropriate Congressional Committees under subsection (c)(3)(B)
may--
(A) be selected by the Trade Representative for placement on
the rosters described in paragraph 1 of Annex 1901.2 and
paragraph 1 of Annex 1904.13 during the 3-month period beginning
on the date on which the Agreement enters into force with
respect to the United States; and
(B) be appointed solely or jointly by the Trade
Representative under the terms of the Agreement to serve as
members of panels or committees that are convened under chapter
19 during such 3-month period.
(e) Transition.--If the Agreement enters into force between the
United States and a NAFTA country after January 3, 1994, the provisions
of subsection (c) shall be applied with respect to the calendar year in
which such entering into force occurs--
(1) by substituting ``the date that is 30 days after the date on
which the Agreement enters into force with respect to the United
States'' for ``January 3 of each calendar year'' in subsections
(c)(2)(B)(i) and (c)(3)(B)(i); and
(2) by substituting ``the date that is 3 months after the date
on which the Agreement enters into force with respect to the United
States'' for ``March 31 of each calendar year'' in subsection
(c)(4)(A).
(f) Immunity.--With the exception of acts described in section
777(f)(3) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)(3)), individuals
serving on panels or committees convened pursuant to chapter 19, and
individuals designated to assist the individuals serving on such panels
or committees, shall be immune from suit and legal process relating to
acts performed by such individuals in their official capacity and within
the scope of their functions as such panelists or committee members or
assistants to such panelists or committee members.
(g) Regulations.--The administering authority under title VII of the
Tariff Act of 1930, the International Trade Commission, and the Trade
Representative may promulgate such regulations as are necessary or
appropriate to carry out actions in order to implement their respective
responsibilities under chapter 19. Initial regulations to carry out such
functions shall be issued before the date on which the Agreement enters
into force with respect to the United States.
(h) Report to Congress.--At such time as the final candidate lists
are submitted under subsection (c)(4)(A) and the final forms of
amendments are submitted under subsection (c)(4)(C)(iv), the Trade
Representative shall submit to the Committee on the Judiciary and the
Committee on Ways and Means of the House of Representatives, and to the
Committee on Finance and the Committee on the Judiciary of the Senate, a
report regarding the efforts made to secure the participation of judges
and former judges on binational panels, extraordinary challenge
committees, and special committees established under chapter 19.

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CHALLENGES.
(a) Authority of Extraordinary Challenge Committee To Obtain
Information.--If an extraordinary challenge committee (hereafter in this
section referred to as the ``committee'') is convened under paragraph 13
of article 1904, and the allegations before the committee include a
matter referred to in paragraph 13(a)(i) of article 1904, for the
purposes of carrying out its functions and duties under Annex 1904.13,
the committee--
(1) shall have access to, and the right to copy, any document,
paper, or record pertinent to the subject matter under
consideration, in the possession of any individual, partnership,
corporation, association, organization, or other entity;
(2) may summon witnesses, take testimony, and administer oaths;
(3) may require any individual, partnership, corporation,
association, organization, or other entity to produce documents,
books, or records relating to the matter in question; and
(4) may require any individual, partnership, corporation,
association, organization, or other entity to furnish in writing, in
such detail and in such form as the committee may prescribe,
information in its possession pertaining to the matter.
Any member of the committee may sign subpoenas, and members of the
committee, when authorized by the committee, may administer oaths and
affirmations, examine witnesses, take testimony, and receive evidence.
(b) Witnesses and Evidence.--The attendance of witnesses who are
authorized to be summoned, and the production of documentary evidence
authorized to be ordered, under subsection (a) may be required from any
place in the United States at any designated place of hearing. In the
case of disobedience to a subpoena authorized under subsection (a), the
committee may request the Attorney General of the United States to
invoke the aid of any district or territorial court of the United States
in requiring the attendance and testimony of witnesses and the
production of documentary evidence. Such court, within the jurisdiction
of which such inquiry is carried on, may, in case of contumacy or
refusal to obey a subpoena issued to any individual, partnership,
corporation, association, organization, or other entity, issue an order
requiring such individual or entity to appear before the committee, or
to produce documentary evidence if so ordered or to give evidence
concerning the matter in question. Any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(c) Mandamus.--Any court referred to in subsection (b) shall have
jurisdiction to issue writs of mandamus commanding compliance with the
provisions of this section or any order of the committee made in
pursuance thereof.
(d) Depositions.--The committee may order testimony to be taken by
deposition at any stage of the committee review. Such deposition may be
taken before any person designated by the committee and having power to
administer oaths. Such testimony shall be reduced to writing by the
person taking the deposition, or under the direction of such person, and
shall then be subscribed by the deponent. Any individual, partnership,
corporation, association, organization, or other entity may be compelled
to appear and be deposed and to produce documentary evidence in the same
manner as witnesses may be compelled to appear and testify and produce
documentary evidence before the committee, as provided in this section.

69cb6721f1589bcaf4905a41fb228ccbdbed2991515a5116af4256429853644e

INVESTIGATING AUTHORITIES OF NAFTA COUNTRIES.
(a) Definitions.--As used in this section:
(1) Competent investigating authority.--The term ``competent
investigating authority'' means the competent investigating
authority, as defined in article 1911, of a NAFTA country.
(2) United states secretary.--The term ``United States
Secretary'' means that officer of the United States referred to in
article 1908.
(b) Requests for Review by the United States.--In the case of a
final determination of a competent investigating authority, requests by
the United States for binational panel review of such determination
under article 1904 shall be made by the United States Secretary.
(c) Requests for Review by a Person.--In the case of a final
determination of a competent investigating authority, a person, within
the meaning of paragraph 5 of article 1904, may request a binational
panel review of such determination by filing such a request with the
United States Secretary within the time limit provided for in paragraph
4 of article 1904. The receipt of such request by the United States
Secretary shall be deemed to be a request for binational panel review
within the meaning of article 1904. The request for such panel review
shall be without prejudice to any challenge before a binational panel of
the basis for a particular request for review.
(d) Service of Request for Review.--Whenever binational panel review
of a final determination made by a competent investigating authority is
requested under this section, the United States Secretary shall serve a
copy of the request on all persons who would otherwise be entitled under
the law of the importing country to commence proceedings for judicial
review of the determination.

20e78eaf98ccfaf85091577a9613230fafdf4861fddc6787943935804d753f4e

(a) Rules of Procedure for Binational Panels.--The administering
authority shall prescribe rules, negotiated in accordance with paragraph
14 of article 1904, governing, with respect to binational panel
reviews--
(1) requests for such reviews, complaints, other pleadings, and
other papers;
(2) the amendment, filing, and service of such pleadings and
papers;
(3) the joinder, suspension, and termination of such reviews;
and
(4) other appropriate procedural matters.
(b) Rules of Procedure for Extraordinary Challenge Committees.--The
administering authority shall prescribe rules, negotiated in accordance
with paragraph 2 of Annex 1904.13, governing the procedures for reviews
by extraordinary challenge committees.
(c) Rules of Procedure for Safeguarding the Panel Review System.--
The administering authority shall prescribe rules, negotiated in
accordance with Annex 1905.6, governing the procedures for special
committees described in such Annex.
(d) Publication of Rules.--The rules prescribed under subsections
(a), (b), and (c) shall be published in the Federal Register.
(e) Administering Authority.--As used in this section, the term
``administering authority'' has the meaning given such term in section
771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)).

6dcaba7ebf6224e5d52053bff32e1ca292836e73b64c228d5d40a3e90d46f727

In the case of any trade agreement which may be entered into by the
President with a NAFTA country, the negotiating objectives of the United
States with respect to subsidies shall include--
(1) achievement of increased discipline on domestic subsidies
provided by a foreign government, including--
(A) the provision of capital, loans, or loan guarantees on
terms inconsistent with commercial considerations;
(B) the provision of goods or services at preferential
rates;
(C) the granting of funds or forgiveness of debt to cover
operating losses sustained by a specific industry; and
(D) the assumption of any costs or expenses of manufacture,
production, or distribution;
(2) achievement of increased discipline on export subsidies
provided by a foreign government, particularly with respect to
agricultural products; and
(3) maintenance of effective remedies against subsidized
imports, including, where appropriate, countervailing duties.

485daeea4873f87a22887c062f2b1eafd4b4462a53fbd4ba29d32c26e26781f1

North American Free Trade Agreement Implementation Act — HR. 3450

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