H. R. 3450—72
‘‘(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 auto-
mobiles 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 manufac-
turer may elect, at any time between January 1, 1997,
and January 1, 2004, to have clause (i) apply to all auto-
mobiles 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 Adminis-
trator 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
SEC. 381. GOVERNMENT PROCUREMENT.
(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 insert-
ing ‘‘Subject to subsection (f) of this section, the President’’;
(2) by inserting ‘‘or the North American Free Trade Agree-
ment’’ 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 AGEN-
CIES.—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
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H. R. 3450—73
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 Govern-
ment procurement does not authorize the waiver of any small
business or minority preference.’’.
(b) RECIPROCAL COMPETITIVE PROCUREMENT PRACTICES.—Sec-
tion 302(a) of such Act (19 U.S.C. 2512(a)) is amended by striking
‘‘would otherwise be eligible products’’ in paragraph (1) and insert-
ing ‘‘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 Elec-
trification 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.
TITLE IV—DISPUTE SETTLEMENT IN
ANTIDUMPING 
AND 
COUNTERVAIL-
ING DUTY CASES
Subtitle 
A—Organizational, 
Administra-
tive, and Procedural Provisions Regard-
ing the Implementation of Chapter 19 of
the Agreement
SEC. 401. REFERENCES IN SUBTITLE.
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.
SEC. 402. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS.
(a) CRITERIA
FOR SELECTION
OF INDIVIDUALS TO SERVE
ON
PANELS AND COMMITTEES.—
(1) IN GENERAL.—The selection of individuals under this
section for—
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H. R. 3450—74
(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 ros-
ters described in paragraph 1 of Annex 1901.2 and para-
graph 1 of Annex 1904.13; and
(E) appointment by the Trade Representative for serv-
ice 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 Rep-
resentative 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 Rep-
resentative 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 Rep-
resentative shall include the names of such judges on the
roster.
(3) SUBMISSION OF LISTS TO CONGRESS.—The Trade Rep-
resentative shall submit to the Committee on the Judiciary
and the Committee on Ways and Means of the House of Rep-
resentatives and to the Committee on Finance and the Commit-
tee 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).
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H. R. 3450—75
(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 appoint-
ment.
(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 sub-
section (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 con-
vened 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 can-
didate 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 estab-
lished under section 105; and
(iv) make recommendations to the Trade Rep-
resentative 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 place-
ment 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 chal-
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H. R. 3450—76
lenge committees under Annex 1904.13 and special
committees under article 1905.
(B) SUBMISSION OF LISTS TO CONGRESSIONAL COMMIT-
TEES.—
(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 Rep-
resentatives (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 commit-
tees 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 prelimi-
nary candidate lists under subparagraph (B) to the appro-
priate 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 writ-
ten 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 COMMIT-
TEES.—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 can-
didates 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 Congres-
sional 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 subpara-
graph (C), no additions may be made to the final candidate
lists after the final candidate lists are submitted to the
appropriate Congressional Committees under subpara-
graph (A).
(C) AMENDMENT OF LISTS.—
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