H. R. 3450—59
SEC. 334. MOTION PICTURES IN THE PUBLIC DOMAIN.
(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 Implementa-
tion 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 domi-
ciliary 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.’’.
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H. R. 3450—60
SEC. 335. EFFECTIVE DATES.
(a) IN GENERAL.—Subject to subsections (b) and (c), the amend-
ments 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
SEC. 341. TEMPORARY ENTRY.
(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 other-
wise 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 para-
graph (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 profes-
sional level as provided for in such Annex, may be admitted for
such purpose under regulations of the Attorney General promul-
gated 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.
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H. R. 3450—61
‘‘(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 pro-
posed action from the appropriate advisory committees estab-
lished 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 require-
ments 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 attesta-
tion 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 promul-
gated 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 settle-
ment 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 para-
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H. R. 3450—62
graph 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.’’.
SEC. 342. EFFECTIVE DATE.
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
SEC. 351. STANDARDS AND SANITARY AND PHYTOSANITARY MEAS-
URES.
(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 meas-
ures 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 avail-
able 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 Fed-
eral 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 sani-
tary and phytosanitary measures, and the provisions of those
systems and arrangements; and
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