H. R. 3450—78
the date on which the final form of such amend-
ment 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 commit-
tees convened under chapter 19 during the 6-
month period beginning on October 1 of the cal-
endar 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 Rep-
resentative regarding their personal and professional qualifica-
tions, 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 Rep-
resentative 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 Govern-
ment 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 para-
graph 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
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H. R. 3450—79
(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 cal-
endar 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 sub-
section, 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 place-
ment 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 Agree-
ment enters into force with respect to the United States;
and
(B) be appointed solely or jointly by the Trade Rep-
resentative 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
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H. R. 3450—80
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 spe-
cial committees established under chapter 19.
SEC. 403. TESTIMONY AND PRODUCTION OF PAPERS IN EXTRAOR-
DINARY 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 docu-
ment, 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 admin-
ister 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 docu-
mentary evidence authorized to be ordered, under subsection (a)
may be required from any place in the United States at any des-
ignated 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 docu-
mentary 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, corpora-
tion, association, organization, or other entity, issue an order requir-
ing 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.
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H. R. 3450—81
(c) MANDAMUS.—Any court referred to in subsection (b) shall
have jurisdiction to issue writs of mandamus commanding compli-
ance 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, associa-
tion, 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.
SEC. 404. REQUESTS FOR REVIEW OF DETERMINATIONS BY COM-
PETENT INVESTIGATING AUTHORITIES OF NAFTA COUN-
TRIES.
(a) DEFINITIONS.—As used in this section:
(1) COMPETENT
INVESTIGATING
AUTHORITY.—The term
‘‘competent investigating authority’’ means the competent inves-
tigating 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 particu-
lar request for review.
(d) SERVICE OF REQUEST FOR REVIEW.—Whenever binational
panel review of a final determination made by a competent inves-
tigating 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.
SEC. 405. RULES OF PROCEDURE FOR PANELS AND COMMITTEES.
(a) RULES
OF
PROCEDURE
FOR
BINATIONAL
PANELS.—The
administering authority shall prescribe rules, negotiated in accord-
ance with paragraph 14 of article 1904, governing, with respect
to binational panel reviews—
(1) requests for such reviews, complaints, other pleadings,
and other papers;
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