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tion 303(a) with respect to an investigation initiated by
reason of subsection (b), the Trade Representative shall
seek to negotiate an agreement that provides for the elimi-
nation of the practices that are the subject of the inves-
tigation as quickly as possible or, if elimination of the
practices is not feasible, an agreement that provides for
compensatory trade benefits.
‘‘(d) REPORTS.—The Trade Representative shall in-
clude in the semiannual report required by section 309
a report on the status of any investigations initiated pur-
suant to subsection (b) and, where appropriate, the extent
to which such investigations have led to increased opportu-
nities for the export of products and services of the United
States.’’.
SEC. 315. OBJECTIVES IN INTELLECTUAL PROPERTY.
It is the objective of the United States—
(1) to accelerate the implementation of the
Agreement on Trade-Related Aspects of Intellectual
Property Rights referred to in section 101(d)(15),
(2) to seek enactment and effective implementa-
tion by foreign countries of laws to protect and en-
force intellectual property rights that supplement
and strengthen the standards of the Agreement on
Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) and the
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North American Free Trade Agreement and, in par-
ticular—
(A) to conclude bilateral and multilateral
agreements that create obligations to protect
and enforce intellectual property rights that
cover new and emerging technologies and new
methods of transmission and distribution, and
(B) to prevent or eliminate discrimination
with respect to matters affecting the availabil-
ity, acquisition, scope, maintenance, use, and
enforcement of intellectual property rights,
(3) to secure fair, equitable, and nondiscrim-
inatory market access opportunities for United
States persons that rely upon intellectual property
protection,
(4) to take an active role in the development of
the intellectual property regime under the World
Trade Organization to ensure that it is consistent
with other United States objectives, and
(5) to take an active role in the World Intellec-
tual Property Organization (WIPO) to develop a co-
operative and mutually supportive relationship be-
tween the World Trade Organization and WIPO.
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SEC. 316. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this subtitle and the amendments made by this sub-
title take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
(b) SECTION 314(f).—The amendment made by sec-
tion 314(f) takes effect on the date of the enactment of
this Act.
Subtitle C—Unfair Practices in
Import Trade
SEC. 321. UNFAIR PRACTICES IN IMPORT TRADE.
(a) AMENDMENTS TO SECTION 337 OF THE TARIFF
ACT OF 1930.—Section 337 of the Tariff Act of 1930 (19
U.S.C. 1337) is amended as follows:
(1) INVESTIGATION.—Subsection (b) is amend-
ed—
(A) by striking ‘‘; TIME LIMITS’’ in the
heading;
(B) in paragraph (1) by striking all that
follows the second sentence and inserting the
following: ‘‘The Commission shall conclude any
such investigation and make its determination
under this section at the earliest practicable
time after the date of publication of notice of
such investigation. To promote expeditious ad-
judication, the Commission shall, within 45
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days after an investigation is initiated, establish
a target date for its final determination.’’; and
(C) in paragraph (3)—
(i) in the first sentence—
(I) by striking ‘‘the Tariff Act of
1930’’ and inserting ‘‘this Act’’; and
(II) by striking ‘‘such Act’’ and
inserting ‘‘such subtitle’’; and
(ii) by striking the fifth sentence.
(2) DETERMINATION; REVIEW.—Subsection (c)
is amended—
(A) in the first sentence by striking ‘‘a set-
tlement agreement’’ and inserting ‘‘an agree-
ment between the private parties to the inves-
tigation, including an agreement to present the
matter for arbitration’’;
(B) by inserting the following after the
third sentence: ‘‘A respondent may raise any
counterclaim in a manner prescribed by the
Commission. Immediately after a counterclaim
is received by the Commission, the respondent
raising such counterclaim shall file a notice of
removal with a United States district court in
which venue for any of the counterclaims raised
by the party would exist under section 1391 of
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title 28, United States Code. Any counterclaim
raised pursuant to this section shall relate back
to the date of the original complaint in the pro-
ceeding before the Commission. Action on such
counterclaim shall not delay or affect the pro-
ceeding under this section, including the legal
and equitable defenses that may be raised
under this subsection.’’; and
(C) by adding at the end the following:
‘‘Determinations by the Commission under sub-
sections (e), (f), and (j) with respect to forfeit-
ure of bonds and under subsection (h) with re-
spect to the imposition of sanctions for abuse of
discovery or abuse of process shall also be
reviewable in accordance with section 706 of
title 5, United States Code.’’.
(3) ENTRY
UNDER
BOND.—Subsection (e) is
amended—
(A) in the last sentence of paragraph (1)
by striking ‘‘determined by the Commission’’
and all that follows through the end of the sen-
tence and inserting ‘‘prescribed by the Sec-
retary in an amount determined by the Com-
mission to be sufficient to protect the complain-
ant from any injury. If the Commission later
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determines that the respondent has violated the
provisions of this section, the bond may be for-
feited to the complainant.’’;
(B) by adding at the end of paragraph (2)
the following: ‘‘If the Commission later deter-
mines that the respondent has not violated the
provisions of this section, the bond may be for-
feited to the respondent.’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) The Commission shall prescribe the terms and
conditions under which bonds may be forfeited under
paragraphs (1) and (2).’’.
(4) CEASE AND DESIST ORDERS.—Subsection
(f)(1) is amended by adding at the end the follow-
ing: ‘‘If a temporary cease and desist order is issued
in addition to, or in lieu of, an exclusion order under
subsection (e), the Commission may require the com-
plainant to post a bond, in an amount determined
by the Commission to be sufficient to protect the re-
spondent from any injury, as a prerequisite to the
issuance of an order under this subsection. If the
Commission later determines that the respondent
has not violated the provisions of this section, the
bond may be forfeited to the respondent. The Com-
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mission shall prescribe the terms and conditions
under which the bonds may be forfeited under this
paragraph.’’.
(5) CONDITIONS
APPLICABLE
FOR
GENERAL
EXCLUSION ORDERS.—(A) Subsection (d) is amend-
ed—
(i) by inserting ‘‘(1)’’ before ‘‘If’’;
(ii) in the first sentence by striking ‘‘there
is violation’’ and inserting ‘‘there is a viola-
tion’’; and
(iii) by adding at the end the following new
paragraph:
‘‘(2) The authority of the Commission to order an
exclusion from entry of articles shall be limited to persons
determined by the Commission to be violating this section
unless the Commission determines that—
‘‘(A) a general exclusion from entry of articles
is necessary to prevent circumvention of an exclusion
order limited to products of named persons; or
‘‘(B) there is a pattern of violation of this sec-
tion and it is difficult to identify the source of in-
fringing products.’’.
(B) Subsection (g)(2) is amended—
(i) by striking ‘‘and’’ at the end of sub-
paragraph (A);
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(ii) by striking the period at the end of
subparagraph (B) and inserting ‘‘, and’’; and
(iii) by adding after subparagraph (B) the
following:
‘‘(C) the requirements of subsection (d)(2) are
met.’’.
(6) ENTRY UNDER BOND AFTER REFERRAL TO
THE PRESIDENT.—Subsection (j)(3) is amended by
striking ‘‘shall be entitled to entry under bond’’ and
all that follows through the end of the sentence and
inserting ‘‘shall, until such determination becomes
final, be entitled to entry under bond prescribed by
the Secretary in an amount determined by the Com-
mission to be sufficient to protect the complainant
from any injury. If the determination becomes final,
the bond may be forfeited to the complainant. The
Commission shall prescribe the terms and conditions
under which bonds may be forfeited under this para-
graph.’’.
(7) ACCESS TO CONFIDENTIAL INFORMATION.—
Subsection (n)(2) is amended—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) an officer or employee of the Commission
who is directly concerned with—
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‘‘(i) carrying out the investigation or relat-
ed proceeding in connection with which the in-
formation is submitted,
‘‘(ii) the administration of a bond posted
pursuant to subsection (e), (f), or (j),
‘‘(iii) the administration or enforcement of
an exclusion order issued pursuant to sub-
section (d), (e), or (g), a cease and desist order
issued pursuant to subsection (f), or a consent
order issued pursuant to subsection (c),
‘‘(iv) proceedings for the modification or
rescission of a temporary or permanent order
issued under subsection (d), (e), (f), (g), or (i),
or a consent order issued under this section, or
‘‘(v) maintaining the administrative record
of the investigation or related proceeding,’’; and
(B) by amending subparagraph (C) to read
as follows:
‘‘(C) an officer or employee of the United
States Customs Service who is directly involved in
administering an exclusion from entry under sub-
section (d), (e), or (g) resulting from the investiga-
tion or related proceeding in connection with which
the information is submitted.’’.
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(8) TECHNICAL AMENDMENT.—Subsection (l) is
amended by striking ‘‘Claims Court’’ and inserting
‘‘Court of Federal Claims’’.
(b) AMENDMENTS TO TITLE 28, UNITED STATES
CODE.—
(1) STAY OF ACTIONS.—
(A) IN
GENERAL.—Chapter 111 of title
28, United States Code, is amended by adding
at the end the following new section:
‘‘§ 1659. Stay of certain actions pending disposition of
related proceedings before the United
States International Trade Commission
‘‘(a) STAY.—In a civil action involving parties that
are also parties to a proceeding before the United States
International Trade Commission under section 337 of the
Tariff Act of 1930, at the request of a party to the civil
action that is also a respondent in the proceeding before
the Commission, the district court shall stay, until the de-
termination of the Commission becomes final, proceedings
in the civil action with respect to any claim that involves
the same issues involved in the proceeding before the Com-
mission, but only if such request is made within—
‘‘(1) 30 days after the party is named as a re-
spondent in the proceeding before the Commission,
or
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‘‘(2) 30 days after the district court action is
filed,
whichever is later.
‘‘(b) USE OF COMMISSION RECORD.—Notwithstand-
ing section 337(n)(1) of the Tariff Act of 1930, after dis-
solution of a stay under subsection (a), the record of the
proceeding before the United States International Trade
Commission shall be transmitted to the district court and
shall be admissible in the civil action, subject to such pro-
tective order as the district court determines necessary,
to the extent permitted under the Federal Rules of Evi-
dence and the Federal Rules of Civil Procedure.’’.
(B) CLERICAL AMENDMENT.—The table of
sections for chapter 111 of title 28, United
States Code, is amended by adding at the end
the following new item:
‘‘1659. Stay of certain actions pending disposition of related proceedings before
the United States International Trade Commission.’’.
(2) COUNTERCLAIMS.—Section 1446 of title 28,
United States Code, is amended by adding at the
end the following:
‘‘(f) With respect to any counterclaim removed to a
district court pursuant to section 337(c) of the Tariff Act
of 1930, the district court shall resolve such counterclaim
in the same manner as an original complaint under the
Federal Rules of Civil Procedure, except that the payment
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of a filing fee shall not be required in such cases and the
counterclaim shall relate back to the date of the original
complaint in the proceeding before the International
Trade Commission under section 337 of that Act.’’.
(3) JURISDICTION.—
(A) IN GENERAL.—Chapter 85 of title 28,
United States Code, is amended by adding at
the end the following:
‘‘§ 1368. Counterclaims in unfair practices in inter-
national trade.
‘‘The district courts shall have original jurisdiction
of any civil action based on a counterclaim raised pursuant
to section 337(c) of the Tariff Act of 1930, to the extent
that it arises out of the transaction or occurrence that is
the subject matter of the opposing party’s claim in the
proceeding under section 337(a) of that Act.’’.
(B) CLERICAL AMENDMENT.—The table of
sections for chapter 85 of title 28, United
States Code, is amended by adding at the end
the following:
‘‘1368. Counterclaims in unfair practices in international trade.’’.
SEC. 322. EFFECTIVE DATE.
The amendments made by this subtitle apply—
(1) with respect to complaints filed under sec-
tion 337 of the Tariff Act of 1930 on or after the
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date on which the WTO Agreement enters into force
with respect to the United States, or
(2) in cases under such section 337 in which no
complaint is filed, with respect to investigations ini-
tiated under such section on or after such date.
Subtitle D—Textiles
SEC. 331. TEXTILE PRODUCT INTEGRATION.
Not later than 120 days after the date that the WTO
Agreement, as defined in section 2(9) of the Uruguay
Round Implementation Act, enters into force with respect
to the United States, the Secretary of Commerce shall
publish in the Federal Register a notice containing the list
of products to be integrated in each stage set out in Article
2(8) of the Agreement on Textiles and Clothing referred
to in section 101(d)(4). After publication of such list, the
list may not be changed unless otherwise required by stat-
ute or the international obligations of the United States,
to correct technical errors, or to reflect reclassifications.
Within 30 days after the publication of such list, the
Trade Representative shall notify the list to the Textiles
Monitoring Body established under Article 8 of the Agree-
ment on Textiles and Clothing.
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SEC. 332. AMENDMENT TO SECTION 204 OF THE AGRICUL-
TURAL ACT OF 1956.
Section 204 of the Agricultural Act of 1956 (7 U.S.C.
1854) is amended by amending the second sentence to
read as follows: ‘‘In addition, if a multilateral agreement,
including but not limited to the Agreement on Textiles and
Clothing referred to in section 101(d)(4) of the Uruguay
Round Implementation Act, has been or is concluded
under the authority of this section among countries ac-
counting for a significant part of world trade in the arti-
cles with respect to which the agreement was concluded,
the President may also issue, in order to carry out such
agreement, regulations governing the entry or withdrawal
from warehouse of the same articles which are the prod-
ucts of countries not parties to the agreement, or countries
to which the United States does not apply the agree-
ment.’’.
SEC. 333. TEXTILE TRANSSHIPMENTS.
Part V of title IV of the Tariff Act of 1930 is amend-
ed by inserting after section 592 the following:
‘‘SEC. 592A. SPECIAL PROVISIONS REGARDING CERTAIN
VIOLATIONS.
‘‘(a) PUBLICATION OF NAMES OF CERTAIN VIOLA-
TORS.—
‘‘(1) PUBLICATION.—The Secretary of the
Treasury is authorized to publish in the Federal
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Register a list of the name of any producer, manu-
facturer, supplier, seller, exporter, or other person
located outside the customs territory of the United
States—
‘‘(A) against whom the Customs Service
has issued a penalty claim under section 592,
and
‘‘(B) if a petition with respect to that
claim has been filed under section 618, against
whom a final decision has been issued under
such section after exhaustion of administrative
remedies,
citing any of the violations of the customs laws re-
ferred to in paragraph (2). Such list shall be pub-
lished not later than March 31 and September 30 of
each year.
‘‘(2) VIOLATIONS.—. The violations of the cus-
toms laws referred to in paragraph (1) are the fol-
lowing:
‘‘(A) Using documentation, or providing
documentation subsequently used by the im-
porter of record, which indicates a false or
fraudulent country of origin or source of textile
or apparel products.
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‘‘(B) Using counterfeit visas, licenses, per-
mits, bills of lading, or similar documentation,
or providing counterfeit visas, licenses, permits,
bills of lading, or similar documentation that is
subsequently used by the importer of record,
with respect to the entry into the customs terri-
tory of the United States of textile or apparel
products.
‘‘(C) Manufacturing, producing, supplying,
or selling textile or apparel products which are
falsely or frauduently labelled as to country of
origin or source.
‘‘(D) Engaging in practices which aid or
abet the transshipment, through a country
other than the country of origin, of textile or
apparel products in a manner which conceals
the true origin of the textile or apparel products
or permits the evasion of quotas on, or vol-
untary restraint agreements with respect to, im-
ports of textile or apparel products.
‘‘(3) REMOVAL FROM LIST.—Any person whose
name has been included in a list published under
paragraph (1) may petition the Secretary to be re-
moved from such list. If the Secretary finds that
such person has not committed any violations de-
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scribed in paragraph (2) for a period of not less
than 3 years after the date on which the person’s
name was so published, the Secretary shall remove
such person from the list as of the next publication
of the list under paragraph (2).
‘‘(4) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.—
‘‘(A) RESPONSIBILITY OF IMPORTERS AND
OTHERS.—After the name of a person has been
published under paragraph (1), the Secretary of
the Treasury shall require any importer of
record entering, introducing, or attempting to
introduce into the commerce of the United
States textile or apparel products that were ei-
ther directly or indirectly produced, manufac-
tured, supplied, sold, exported, or transported
by such named person to show, to the satisfac-
tion of the Secretary, that such importer has
exercised reasonable care to ensure that the tex-
tile or apparel products are accompanied by
documentation, packaging, and labelling that
are accurate as to its origin. Such reasonable
care shall not include reliance solely on a source
of information which is the named person.
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‘‘(B) FAILURE TO EXERCISE REASONABLE
CARE.—If the Customs Service determines that
merchandise is not from the country claimed on
the documentation accompanying the merchan-
dise, the failure to exercise reasonable care de-
scribed in subparagraph (A) shall be considered
when the Customs Service determines whether
the importer of record is in violation of section
484(a).
‘‘(b) LIST OF HIGH RISK COUNTRIES.—
‘‘(1) LIST.—The President or his designee,
upon the advice of the Secretaries of Commerce and
Treasury, and the heads of other appropriate de-
partments and agencies, is authorized to publish a
list of countries in which illegal activities have oc-
curred involving transshipped textile or apparel
products or activities designed to evade quotas of the
United States on textile or apparel products, if those
countries fail to demonstrate a good faith effort to
cooperate with United States authorities in ceasing
such activities. Such list shall be published in the
Federal Register not later than March 31 of each
year. Any country that is on the list and that subse-
quently demonstrates a good faith effort to cooper-
ate with United States authorities in ceasing illegal
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activities described in the first sentence shall be re-
moved from the list, and such removal shall be pub-
lished in the Federal Register as soon as practicable.
‘‘(2) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.—
‘‘(A) RESPONSIBILITY OF IMPORTERS OF
RECORD.—The Secretary of the Treasury shall
require any importer of record entering, intro-
ducing, or attempting to introduce into the
commerce of the United States textile or ap-
parel products indicated, on the documentation,
packaging, or labelling accompanying such
products, to be from any country on the list
published under paragraph (1) to show, to the
satisfaction of the Secretary, that such im-
porter, consignee, or purchaser has exercised
reasonable care to ascertain the true country of
origin of the textile or apparel products.
‘‘(B) FAILURE TO EXERCISE REASONABLE
CARE.—If the Customs Service determines that
merchandise is not from the country claimed on
the documentation accompanying the merchan-
dise, the failure to exercise reasonable care de-
scribed in subparagraph (A) shall be considered
when the Customs Service determines whether
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the importer of record is in violation of section
484(a).
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘country’ means a foreign country
or territory, including any overseas dependent terri-
tory or possession of a foreign country.’’.
SEC. 334. RULES OF ORIGIN FOR TEXTILE AND APPAREL
PRODUCTS.
(a) REGULATORY AUTHORITY.—The Secretary of the
Treasury shall prescribe rules implementing the principles
contained in subsection (b) for determining the origin of
textiles and apparel products. Such rules shall be promul-
gated in final form not later than July 1, 1995.
(b) PRINCIPLES.—
(1) IN
GENERAL.—Except as otherwise pro-
vided for by statute, a textile or apparel product, for
purposes of the customs laws and the administration
of quantitative restrictions, originates in a country,
territory, or insular possession, and is the growth,
product, or manufacture of that country, territory,
or insular possession, if—
(A) the product is wholly obtained or pro-
duced in that country, territory, or possession;
(B) the product is a yarn, thread, twine,
cordage, rope, cable, or braiding and—
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(i) the constituent staple fibers are
spun in that country, territory, or posses-
sion, or
(ii) the continuous filament is ex-
truded in that country, territory, or posses-
sion,
(C) the product is a fabric, including a
fabric classified under chapter 59 of the HTS,
and the constituent fibers, filaments, or yarns
are woven, knitted, needled, tufted, felted, en-
tangled, or transformed by any other fabric-
making process in that country, territory, or
possession; or
(D) the product is any other textile or ap-
parel product that is wholly assembled in that
country, territory, or possession from its compo-
nent pieces.
(2) SPECIAL
RULES.—Notwithstanding para-
graph (1)(D)—
(A) the origin of a good that is classified
under one of the following HTS headings or
subheadings shall be determined under subpara-
graph (A), (B), or (C) of paragraph (1), as ap-
propriate: 5609, 5807, 5811, 6209.20.50.40,
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6213, 6214, 6301, 6302, 6303, 6304, 6305,
6306, 6307.10, 6307.90, 6308, or 9404.90; and
(B) a textile or apparel product which is
knit to shape shall be considered to originate in,
and be the growth, product, or manufacture of,
the country, territory, or possession in which it
is knit.
(3) MULTICOUNTRY RULE.—If the origin of a
good cannot be determined under paragraph (1) or
(2), then that good shall be considered to originate
in, and be the growth, product, or manufacture of—
(A) the country, territory, or possession in
which the most important assembly or manufac-
turing process occurs, or
(B) if the origin of the good cannot be de-
termined under subparagraph (A), the last
country, territory, or possession in which impor-
tant assembly or manufacturing occurs.
(4) 
COMPONENTS
CUT
IN
THE
UNITED
STATES.—(A) The value of a component that is cut
to shape (but not to length, width, or both) in the
United States from foreign fabric and exported to
another country, territory, or insular possession for
assembly into an article that is then returned to the
United States—
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(i) shall not be included in the dutiable
value of such article, and
(ii) may be applied toward determining the
percentage 
referred 
to 
in 
General 
Note
7(b)(i)(B) of the HTS, subject to the limitation
provided in that note.
(B) No article (except a textile or apparel prod-
uct) assembled in whole of components described in
subparagraph (A), or of such components and com-
ponents that are products of the United States, in
a beneficiary country as defined in General Note
7(a) of the HTS shall be treated as a foreign article,
or as subject to duty if—
(i) the components after exportation from
the United States, and
(ii) the article itself before importation into
the United States
do not enter into the commerce of any foreign coun-
try other than such a beneficiary country.
(5) EXCEPTION
FOR
UNITED
STATES-ISRAEL
FREE TRADE AGREEMENT.—This section shall not
affect, for purposes of the customs laws and admin-
istration of quantitative restrictions, the status of
goods that, under rulings and administrative prac-
tices in effect immediately before the enactment of
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this Act, would have originated in, or been the
growth, product, or manufacture of, a country that
is a party to an agreement with the United States
establishing a free trade area, which entered into
force before January 1, 1987. For such purposes,
such rulings and administrative practices that were
applied, immediately before the enactment of this
Act, to determine the origin of textile and apparel
products covered by such agreement shall continue
to apply after the enactment of this Act, and on and
after the effective date described in subsection (c),
unless such rulings and practices are modified by
the mutual consent of the parties to the agreement.
(c) EFFECTIVE DATE.—This section shall apply to
goods entered, or withdrawn from warehouse, for con-
sumption on or after July 1, 1996, except that this section
shall not apply to goods if—
(1) the contract for the sale of such goods to
the United States is entered into before July 20,
1994;
(2) all of the material terms of sale in such con-
tract, including the price and quantity of the goods,
are fixed and determinable before July 20, 1994;
(3) a copy of the contract is filed with the Com-
missioner of Customs within 60 days after the date
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of the enactment of this Act, together with a certifi-
cation that the contract meets the requirements of
paragraphs (1) and (2); and
(4) the goods are entered, or withdrawn from
warehouse, for consumption on or before January 1,
1998.
The origin of goods to which this section does not apply
shall be determined in accordance with the applicable rules
in effect on July 20, 1994.
SEC. 335. EFFECTIVE DATE.
Except as provided in section 334, this subtitle and
the amendments made by this subtitle take effect on the
date on which the WTO Agreement enters into force with
respect to the United States.
Subtitle E—Government
Procurement
SEC. 341. MONITORING AND ENFORCEMENT OF THE
AGREEMENT ON GOVERNMENT PROCURE-
MENT.
(a) IN GENERAL.—Section 305(f)(2) of the Trade
Agreements Act of 1979 (19 U.S.C. 2515(f)(2)) is amend-
ed—
(1) in the matter preceding subparagraph (A),
by striking ‘‘a year’’ and inserting ‘‘the 18 months’’,
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(2) by striking ‘‘or’’ at the end of subparagraph
(B),
(3) by redesignating subparagraph (C) as sub-
paragraph (D), and
(4) by inserting after subparagraph (B), the
following new subparagraph:
‘‘(C) the procedures result in a determina-
tion providing a specific period of time for the
other participant to bring its practices into
compliance with the Agreement, or’’.
(b) SANCTIONS
AFTER
DISPUTE
RESOLUTION
FAILS.—
(1) SANCTIONS.—Paragraph (3) of section
305(f) of such Act (19 U.S.C. 2515(f)(3)) is amend-
ed to read as follows:
‘‘(3) SANCTIONS AFTER DISPUTE RESOLUTION
FAILS.—
‘‘(A) FAILURES
RESULTING
IN
SANC-
TIONS.—If—
‘‘(i) within 18 months from the date
dispute settlement procedures are initiated
with a signatory country pursuant to this
section—
‘‘(I) such procedures are not con-
cluded, or
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‘‘(II) the country has not met the
requirements of subparagraph (A) or
(B) of paragraph (2), or
‘‘(ii) the period of time provided for
pursuant to paragraph (2)(C) has expired
and procedures for suspending concessions
under the Agreement have been completed,
then the sanctions described in subparagraph
(B) shall be imposed.
‘‘(B) SANCTIONS.—
‘‘(i) IN
GENERAL.—If subparagraph
(A) applies to any signatory country—
‘‘(I) the signatory country shall
be considered as a signatory not in
good standing of the Agreement and
the prohibition on procurement con-
tained in section 4 of the Act of
March 3, 1933 (41 U.S.C. 10b–1)
shall apply to such country, and
‘‘(II) the President shall revoke
the waiver of discriminatory purchas-
ing requirements granted to the signa-
tory country pursuant to section
301(a).
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‘‘(ii) 
TIME
SANCTIONS
ARE
IM-
POSED.—Any sanction—
‘‘(I) described in clause (i)(I)
shall apply from the date that is the
last day of the 18-month period de-
scribed in subparagraph (A)(i) or, in
the case of paragraph (2)(C), from
the date procedures for suspending
concessions under the Agreement have
been completed, and
‘‘(II) described in clause (i)(II)
shall apply beginning on the day after
the date described in subclause (I).’’.
(2) CONFORMING AMENDMENT.—Paragraph (4)
of section 305(f) of such Act (19 U.S.C. 2515(f)(4))
is amended by striking ‘‘subparagraph (A) or (B) of
paragraph (3)’’ and inserting ‘‘subclause (I) or (II)
of paragraph (3)(B)(i)’’.
(c) REPORT TO CONGRESS.—
(1) Section 305(d)(2) of the Trade Agreements
Act of 1979 (19 U.S.C. 2515(d)(2)) is amended by
adding at the end the following new subparagraphs:
‘‘(D)(i) are not signatories to the Agree-
ment;
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‘‘(ii) fail to apply transparent and competi-
tive procedures to its government procurement
equivalent to those in the Agreement; and
‘‘(iii) whose products or services are ac-
quired in significant amounts by the United
States Government; or
‘‘(E)(i) are not signatories to the Agree-
ment;
‘‘(ii) fail to maintain and enforce effective
prohibitions on bribery and other corrupt prac-
tices in connection with government procure-
ment; and
‘‘(iii) whose products or services are ac-
quired in significant amounts by the United
States Government.’’.
(2) Section 305(d)(3)(C) of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2515(d)(3)(C)) is
amended by adding before the period at the end the
following: ‘‘, including the failure to maintain and
enforce effective prohibitions on bribery and other
corrupt practices in connection with government pro-
curement’’.
SEC. 342. CONFORMING AMENDMENTS.
(a) WAIVER OF DISCRIMINATORY PURCHASING RE-
QUIREMENTS REGARDING PURCHASES
OF CIVIL AIR-
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CRAFT.—Section 303 of the Trade Agreements Act of
1979 (19 U.S.C. 2513) is amended by inserting ‘‘referred
to in section 2(c) and approved under section 2(a)’’ after
‘‘Civil Aircraft’’.
(b) EXPANSION
OF COVERAGE
OF
THE AGREE-
MENT.—Section 304 of the Trade Agreements Act of 1979
(19 U.S.C. 2514) is amended—
(1) in subsections (a) and (c) by striking ‘‘part
IX, paragraph 6’’ and inserting ‘‘article XXIV(7);
(2) in subsection (c) by striking ‘‘part VI, para-
graph 9’’ and inserting ‘‘article XIX(5)’’; and
(3) in subsection (e) by striking ‘‘date of enact-
ment of this Act’’ and inserting ‘‘date it enters into
force with respect to the United States’’.
(c) ANNUAL REPORT
ON FOREIGN DISCRIMINA-
TION.—Section 305(d) of the Trade Agreements Act of
1979 (19 U.S.C. 2515(d)) is amended by striking out
‘‘April 30, 1990, and annually on April 30 thereafter,’’
and inserting ‘‘April 30 of each year,’’.
(d) LABOR SURPLUS AREA STUDIES.—Section 306
of the Trade Agreements Act of 1979 (19 U.S.C. 2516),
and the item relating to such section in the table of con-
tents for such Act, are repealed.
(e) AVAILABILITY OF INFORMATION TO CONGRES-
SIONAL ADVISORS.—Section 307 of the Trade Agreements
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Act of 1979 (19 U.S.C. 2517) is amended by striking
‘‘part VI, paragraph 9,’’ and inserting ‘‘article XIX(5)’’.
(f) DEFINITIONS.—Section 308 of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2518) is amended—
(1) in paragraph (1) by striking ‘‘section 2(c)
of this Act’’ and inserting ‘‘section 101(d)(17) of the
Uruguay Round Agreements Act’’; and
(2) in paragraph (4)—
(A) in subparagraph (C) by striking ‘‘hav-
ing a contract value’’ and all that follows
through the end of the subparagraph and in-
serting ‘‘for which the United States is obli-
gated to waive Buy National restrictions
under—
‘‘(i) the Agreement on the Establish-
ment of a Free Trade Area between the
Government of the United States of Amer-
ica and the Government of Israel, regard-
less of the thresholds provided for in the
Agreement (as defined in paragraph (1)),
or
‘‘(ii) any subsequent agreement be-
tween the United States and Israel which
lowers on a reciprocal basis the applicable
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threshold for entities covered by the Agree-
ment.’’; and
(B) in subparagraph (D) by striking
‘‘GATT’’ the first place it appears and all that
follows through the end of the subparagraph
and inserting ‘‘the Agreement (as defined in
paragraph (1)), but for the thresholds provided
for in the Agreement.’’.
(g) CONFORMING AMENDMENTS.—Section 401 of the
Rural Electrification Act of 1938 (7 U.S.C. 903 note) is
amended—
(1) by striking ‘‘, Mexico, or Canada’’ each
place that it appears and inserting ‘‘or in any eligi-
ble country’’; and
(2) by adding at the end the following: ‘‘For
purposes of this section, an ‘eligible country’ is any
country that applies with respect to the United
States an agreement ensuring reciprocal access for
United States products and services and United
States suppliers to the markets of that country, as
determined by the United States Trade Representa-
tive.’’.
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SEC. 
343. 
RECIPROCAL 
COMPETITIVE 
PROCUREMENT
PRACTICES.
(a) APPLICABILITY.—Section 302(a) of the Trade
Agreements Act of 1979 (19 U.S.C. 2512(a)) is amended
to read as follows:
‘‘(a) AUTHORITY
TO BAR PROCUREMENT FROM
NON-DESIGNATED COUNTRIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the President, in order to encourage additional coun-
tries to become parties to the Agreement and to pro-
vide appropriate reciprocal competitive government
procurement opportunities to United States products
and suppliers of such products—
‘‘(A) shall, with respect to procurement
covered by the Agreement, prohibit the procure-
ment, after the date on which any waiver under
section 301(a) first takes effect, of products—
‘‘(i) which are products of a foreign
country or instrumentality which is not
designated pursuant to section 301(b), and
‘‘(ii) which would otherwise be eligible
products; and
‘‘(B) may, with respect to procurement
covered by the Agreement, take such other ac-
tions within the President’s authority as the
President deems necessary.
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‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply in the case of procurements for which—
‘‘(A) there are no offers of products or
services of the United States or of eligible prod-
ucts; or
‘‘(B) the offers of products or services of
the United States or of eligible products are in-
sufficient to fulfill the requirements of the Unit-
ed States Government.’’.
(b) ADDITIONAL
WAIVER
AUTHORITY.—Section
302(b) of the Trade Agreements Act of 1979 (19 U.S.C.
2512(b)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) waive the prohibition required by sub-
section (a)(1) on procurement of products of a for-
eign country or instrumentality which has not yet
become a party to the Agreement but—
‘‘(A) has agreed to apply transparent and
competitive procedures to its government pro-
curement equivalent to those in the Agreement,
and
‘‘(B) maintains and enforces effective pro-
hibitions on bribery and other corrupt practices
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in connection with its government procure-
ment;’’; and
(2) by adding after paragraph (3) the following:
‘‘Before exercising the waiver authority under paragraph
(1), the President shall consult with the appropriate pri-
vate sector advisory committees established under section
135 of the Trade Act of 1974 and with the appropriate
committees of the Congress.’’.
(c) CONFORMING AMENDMENT.—Section 305(g) of
the Trade Agreements Act of 1979 (19 U.S.C. 2515(g))
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(B) or (C)’’ and inserting
‘‘(B), (C), (D), or (E)’’; and
(B) by striking ‘‘their discriminatory pro-
curement practices’’ and inserting ‘‘the prac-
tices regarding government procurement identi-
fied under subparagraph (B)(ii), (C)(ii), (D)(ii),
or (E)(ii) (as the case may be)’’; and
(2) in paragraph (3) by striking ‘‘discrimination
identified pursuant to subsection (d)(2)(B) or (C)’’
and inserting ‘‘the practices regarding government
procurement identified under subparagraph (B)(ii),
(C)(ii), (D)(ii), or (E)(ii) (as the case may be)’’.
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SEC. 344. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this subtitle take effect on
the date on which the Agreement on Government Procure-
ment referred to in section 101(d)(17) enters into force
with respect to the United States.
(b) SECTION 342(g).—The amendments made by sec-
tion 342(g) take effect on the date on which the WTO
Agreement enters into force with respect to the United
States.
Subtitle F—Technical Barriers to
Trade
SEC. 351. TECHNICAL BARRIERS TO TRADE.
(a) REFERENCES.—All references in this section are
to title IV of the Trade Agreements Act of 1979 (19
U.S.C. 2531 et seq.) unless otherwise specified.
(b) SECTION 401.—Section 401 is amended—
(1) by striking ‘‘Nothing’’ and inserting ‘‘(b)
UNNECESSARY OBSTACLES.—Nothing’’; and
(2) by inserting after the section heading the
following:
‘‘(a) NO BAR TO ENGAGING IN STANDARDS ACTIV-
ITY.—Nothing in this title may be construed—
‘‘(1) to prohibit a Federal agency from engag-
ing in activity related to standards-related measures,
including any such measure relating to safety, the
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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.’’.
(c) SECTION 402.—Section 402(4) is amended—
(1) by striking ‘‘CERTIFICATION ACCESS’’ in the
paragraph heading and inserting ‘‘ACCESS’’;
(2) by striking ‘‘certification system’’ and in-
serting ‘‘conformity assessment procedure’’; and
(3) by striking ‘‘certification under that sys-
tem’’ and inserting ‘‘an assessment of conformity
and the mark of the system, if any’’.
(d) SECTION 414.—Section 414(b)(1) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘relating to’’;
(2) by striking ‘‘certification systems’’ and in-
serting ‘‘technical regulations, conformity assess-
ment procedures,’’;
(3) by striking ‘‘such standards, systems’’ and
inserting ‘‘such standards, technical regulations,
conformity assessment procedures,’’; and
(4) after ‘‘local’’ by inserting ‘‘and (B) the
membership and participation of Federal, State, or
local government bodies or private bodies in the
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United States in international and regional stand-
ardizing bodies and conformity assessment systems,
as well as in bilateral and multilateral arrangements
concerning standards-related activities’’.
(e) DEFINITIONS.—Section 451 is amended—
(1) so that paragraph (1) reads as follows:
‘‘(1) 
AGREEMENT.—The 
term 
‘Agreement’
means the Agreement on Technical Barriers to
Trade referred to in section 101(d)(5) of the Uru-
guay Round Agreements Act.’’;
(2) so that paragraph (2) reads as follows:
‘‘(2) CONFORMITY ASSESSMENT PROCEDURE.—
The term ‘conformity assessment procedure’ means
any procedure used, directly or indirectly, to deter-
mine that relevant requirements in technical regula-
tions or standards are fulfilled.’’;
(3) in paragraph (4), by striking ‘‘certification
system’’ and inserting ‘‘conformity assessment pro-
cedure’’ each place it occurs;
(4) so that paragraph (6)(A) reads as follows:
‘‘(A) the membership of which is open to
representatives, whether public or private, of
the United States and at least all Members.’’;
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(5) in paragraph (7), by striking ‘‘certification
system’’ and inserting ‘‘conformity assessment pro-
cedure’’;
(6) so that paragraph (8) reads as follows:
‘‘(8) MEMBER.—The term ‘Member’ means a
WTO member as defined in section 2(10) of the
Uruguay Round Agreements Act.’’;
(7) so that paragraph (13) reads as follows:
‘‘(13) STANDARD.—The term ‘standard’ means
a document approved by a recognized body, that
provides, for common and repeated use, rules, guide-
lines, or characteristics for products or related proc-
esses and production methods, with which compli-
ance is not mandatory. Such term may also include
or deal exclusively with terminology, symbols, pack-
aging, marking, or labeling requirements as they
apply to a product, process, or production method.’’;
(8) in paragraph (14), by striking ‘‘or any cer-
tification system’’ and inserting ‘‘, technical regula-
tion, or conformity assessment procedure’’; and
(9) by redesignating paragraph (17) as para-
graph (18) and inserting after paragraph (16) the
following:
‘‘(17) TECHNICAL
REGULATION.—The term
‘technical regulation’ means a document which lays
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down product characteristics or their related proc-
esses and production methods, including the applica-
ble administrative provisions, with which compliance
is mandatory. Such term may also include or deal
exclusively with terminology, symbols, packaging,
marking, or labeling requirements as they apply to
a product, process, or production method.’’.
(f) REPORTS TO CONGRESS.—Section 453 is amend-
ed by inserting ‘‘through 2001’’ after ‘‘succeeding 3-year
period’’.
(g) EFFECTIVE DATE.—Title IV of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2531 et seq.) is amended
by striking section 454.
SEC. 352. EFFECTIVE DATE.
This subtitle and the amendments made by this sub-
title take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
TITLE IV—AGRICULTURE-
RELATED PROVISIONS
Subtitle A—Agriculture
PART I—MARKET ACCESS
SEC. 401. SECTION 22 AMENDMENTS.
(a) AMENDMENT TO SECTION 22.—
(1) GENERALLY.—Subsection (f) of section 22
of the Agricultural Adjustment Act (7 U.S.C.
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624(f)), reenacted with amendments by the Agricul-
tural Marketing Agreement Act of 1937, is amended
to read as follows:
‘‘(f) No quantitative limitation or fee shall be imposed
under this section with respect to any article that is the
product of a WTO member (as defined in section 2(10)
of the Uruguay Round Agreements Act).’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on the date of
entry into force of the WTO Agreement with respect
to the United States, except that with respect to
wheat, that amendment shall take effect on the later
of such date or September 12, 1995.
(b) CONFORMING AMENDMENTS.—
(1) SECTION 202 OF THE AGRICULTURAL ACT
OF 1956.—Section 202 of the Agricultural Act of
1956 (7 U.S.C. 1852) is amended—
(A) by striking subsection (a); and
(B) in subsection (b), by striking ‘‘(b)’’.
(2) COTTON IMPORT QUOTAS.—Section 103B of
the Agricultural Act of 1949 (7 U.S.C. 1444–2) is
amended—
(A) in subsection (a)(5)(F)(i)—
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(i) by striking ‘‘this section’’ and in-
serting ‘‘the Uruguay Round Agreements
Act’’; and
(ii) by striking ‘‘limited global’’;
(B) in subsection (a)(5)(F)(iv), by striking
‘‘special quota period has’’ and inserting ‘‘quota
period has’’;
(C) by adding at the end of subsection
(a)(5)(F) the following:
‘‘(v) PREFERENTIAL
TARIFF
TREAT-
MENT.—The quantity under a special im-
port quota shall be considered to be an in-
quota quantity for purposes of section
213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d)), section
204 of the Andean Trade Preference Act
(19 U.S.C. 3203), section 503(d) of the
Trade Act of 1974 (19 U.S.C. 2463(d)),
and General Note 3(a)(iv) to the HTS.
‘‘(vi) DEFINITION.—As used in this
subparagraph, the term ‘special import
quota’ means a quantity of imports that is
not subject to the over-quota tariff rate of
a tariff-rate quota.’’; and
(D) in subsection (n)—
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(i) in the subsection heading, by strik-
ing ‘‘SPECIAL’’;
(ii) in paragraph (1), by striking ‘‘this
section’’ and inserting ‘‘the Uruguay
Round Agreements Act’’;
(iii) in paragraph (1), by striking
‘‘special’’ each place it appears;
(iv) 
by 
redesignating 
paragraph
(1)(C) as paragraph (1)(D);
(v) by inserting after subparagraph
(B) of paragraph (1) the following:
‘‘(C) 
PREFERENTIAL
TARIFF
TREAT-
MENT.—The quantity under a limited global
import quota shall be considered to be an in-
quota quantity for purposes of section 213(d) of
the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703(d)), section 204 of the Andean
Trade Preference Act (19 U.S.C. 3203), section
503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)), and General Note 3(a)(iv) to the
HTS.’’; and
(vi) in paragraph (1)(D) (as redesig-
nated by clause (iv)), by adding at the end
the following:
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‘‘(iii) 
LIMITED
GLOBAL
IMPORT
QUOTA.—As used in this subsection, the
term ‘limited global import quota’ means a
quantity of imports that is not subject to
the over-quota tariff rate of a tariff-rate
quota.’’; and
(vii) in paragraph (2), by striking
‘‘special quota period may’’ and inserting
‘‘quota period may’’.
SEC. 402. CHEESE AND CHOCOLATE CRUMB IMPORTS.
(a) REPEAL OF SECTIONS 701 AND 703.—Sections
701 and 703 of the Trade Agreements Act of 1979 (93
Stat. 268) are hereby repealed.
(b) PRESIDENTIAL ACTION.—Section 702(d)(1) (93
Stat. 268) of the Trade Agreements Act of 1979 is amend-
ed to read as follows:
‘‘(1) IN GENERAL.—Not later than 7 days after
receiving a report under subsection (c)(3) with re-
spect to an article of cheese subject to an in-quota
rate of duty (or not later than 3 days after receiving
a report under paragraph (2) in any case in which
such paragraph applies), the President shall pro-
claim the imposition of a fee on the importation of
such article from the country involved in such
amount (not to exceed the amount of the subsidy de-
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termined under subsection (b)(2)(B)) as may be nec-
essary to ensure that the duty-paid wholesale price
of such article will not be less than the domestic
wholesale market price of similar articles produced
in the United States, and shall direct the Commis-
sioner of Customs to administer and enforce such
fee. Any such fee imposed shall be in addition to any
customs duty or other fee imposed by law.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 702 of the Trade Agreements Act
of 1979 is amended by striking ‘‘of quota cheese’’
each place it appears and inserting ‘‘of cheese sub-
ject to an in-quota rate of duty’’.
(2) Section 702(c)(2) of such Act is amended—
(A) by striking ‘‘the Special Representative
for Trade Negotiations’’ and inserting ‘‘the
United States Trade Representative’’, and
(B) by striking ‘‘The Special Representa-
tive’’ and inserting ‘‘The United States Trade
Representative’’.
(3) Subsections (c)(3)(B) and (e) of section 702
of such Act are each amended by striking ‘‘or quan-
titative limitation’’.
(4) Section 702(f) of such Act is amended—
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(A) by inserting ‘‘(as in effect on the day
before the effective date of title II of the Uru-
guay Round Agreements Act)’’ after ‘‘Tariff
Act of 1930’’, and
(B) by striking ‘‘under title I of this Act’’
and inserting ‘‘under title VII of the Tariff Act
of 1930’’.
(5) Section 702(g)(2) of such Act is amended
by striking ‘‘or quantitative limitations’’.
(6) Section 702(h) of such Act is amended by
adding at the end the following new paragraphs:
‘‘(4) CHEESE SUBJECT TO AN IN-QUOTA RATE
OF DUTY.—The term ‘cheese subject to an in-quota
rate of duty’ means the articles and the quantities
of such articles provided for in the Additional U. S.
Notes 14 through 23 of chapter 4 of Schedule XX
(as defined in section 2(5) of the Uruguay Round
Agreements Act).
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.’’.
SEC. 403. MEAT IMPORT ACT.
The Meat Import Act of 1979 (19 U.S.C. 2253 note)
is repealed.
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SEC. 404. ADMINISTRATION OF TARIFF-RATE QUOTAS.
(a) ORDERLY MARKETING.—In implementing the
tariff-rate quotas set out in Schedule XX for the entry,
or withdrawal from warehouse, for consumption of goods
in the United States, the President shall take such action
as may be necessary to ensure that imports of agricultural
products do not disrupt the orderly marketing of commod-
ities in the United States.
(b) INADEQUATE SUPPLY.—Where imports of an ag-
ricultural product are subject to a tariff-rate quota, and
where the President determines and proclaims that the
supply of the same or directly competitive or substitutable
agricultural product will be inadequate, because of a natu-
ral disaster, disease, or major national market disruption,
to meet domestic demand at reasonable prices, the Presi-
dent may temporarily increase the quantity of imports of
the agricultural product that is subject to the in-quota
rate of duty established under the tariff-rate quota.
(c) MONITORING.—The Secretary of Agriculture shall
monitor the domestic supply of agricultural products sub-
ject to a tariff-rate quota as the Secretary considers ap-
propriate and shall advise the President when the domestic
supply of the products and substitutable products com-
bined with the estimated imports of the products under
the tariff-rate quota may be inadequate to meet domestic
demand at reasonable prices.
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(d) COVERAGE OF TARIFF-RATE QUOTAS.—
(1) EXCLUSIONS.—The President may, subject
to terms and conditions determined appropriate by
the President, provide that the entry, or withdrawal
from warehouse, for consumption in the United
States of an agricultural product shall not be subject
to the over-quota rate of duty established under a
tariff-rate quota if the agricultural product—
(A) is imported by, or for the account of,
any agency of the United States or of any for-
eign embassy;
(B) is imported as a sample for taking or-
ders, for the personal use of the importer, or
for the testing of equipment;
(C) is a commercial sample or is entered
for exhibition, display, or sampling at a trade
fair or for research; or
(D) is a blended syrup provided for in sub-
headings 1702.20.28, 1702.30.28, 1702.40.28,
1702.60.28, 
1702.90.58, 
1806.20.92,
1806.20.93, 
1806.90.38, 
1806.90.40,
2101.10.38, 
2101.20.38, 
2106.90.38, 
or
2106.90.67 of Schedule XX, if entered from a
foreign trade zone by a foreign trade zone user
whose facilities were in operation on June 1,
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1990, to the extent that the annual quantity
entered into the customs territory from such
zone does not contain a quantity of sugar of
nondomestic origin greater than the quantity
authorized by the Foreign Trade Zones Board
for processing in that zone during calendar year
1985.
(2) RECLASSIFICATION.—Subject to the con-
sultation and layover requirements of section 115,
the President may proclaim a modification to the
coverage of a tariff-rate quota for any agricultural
product if the President determines the modification
is necessary or appropriate to conform the tariff-rate
quota to Schedule XX as a result of a reclassifica-
tion of any item by the Secretary of the Treasury.
(3) ALLOCATION.—The President may allocate
the in-quota quantity of a tariff-rate quota for any
agricultural product among supplying countries or
customs areas and may modify any allocation as de-
termined appropriate by the President.
(4) BILATERAL
AGREEMENT.—The President
may proclaim an increase in the tariff-rate quota for
beef if the President determines that an increase is
necessary to implement—
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(A) the March 24, 1994, agreement be-
tween the United States and Argentina; or
(B) the March 9, 1994, agreement between
the United States and Uruguay.
(5) CONTINUATION
OF
SUGAR
HEADNOTE.—
The President is authorized to proclaim additional
United States note 3 to chapter 17 of the HTS, and
to proclaim the modifications to the note, as deter-
mined appropriate by the President to reflect Sched-
ule XX.
(e) CONFORMING AMENDMENTS.—
(1) SECTION
213
OF
THE
CARIBBEAN
BASIN
ECONOMIC RECOVERY ACT.—Section 213(d) of the
Caribbean Basin Economic Recovery Act (19 U.S.C.
2703(d)) is amended to read as follows:
‘‘(d) TARIFF-RATE QUOTAS.—No quantity of an ag-
ricultural product subject to a tariff-rate quota that ex-
ceeds the in-quota quantity shall be eligible for duty-free
treatment under this title.’’.
(2) SECTION 204 OF THE ANDEAN TRADE PREF-
ERENCE ACT.—Section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203) is amended by
adding at the end the following new subsection:
‘‘(g) TARIFF-RATE QUOTAS.—No quantity of an ag-
ricultural product subject to a tariff-rate quota that ex-
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(B) EFFECTIVE DATE.—The amendment
made by subparagraph (A) shall take effect on
the earlier of the date of entry into force of the
WTO Agreement with respect to the United
States or January 1, 1995.
(6) RESTRICTIONS ON IMPORTED PEANUTS.—
Paragraph (6) of section 358e(f) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359a(f)(6)) is
amended by inserting after ‘‘issues a proclamation’’
the following: ‘‘under section 404(b) of the Uruguay
Round Agreements Act expanding the quantity of
peanuts subject to the in-quota rate of duty under
a tariff-rate quota, or’’.
SEC. 405. SPECIAL AGRICULTURAL SAFEGUARD AUTHOR-
ITY.
(a) DETERMINATION OF TRIGGER LEVELS.—Con-
sistent with Article 5 as determined by the President, the
President shall cause to be published in the Federal Reg-
ister—
(1) the list of special safeguard agricultural
goods not later than the date of entry into force of
the WTO Agreement with respect to the United
States; and
(2) for each special safeguard agricultural
good—
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(A) the trigger level specified in subpara-
graph 1(a) of Article 5, on an annual basis;
(B) the trigger price specified in subpara-
graph 1(b) of Article 5; and
(C) the relevant period.
(b) DETERMINATION OF SAFEGUARD.—If the Presi-
dent determines with respect to a special safeguard agri-
cultural good that it is appropriate to impose—
(1) the price-based safeguard in accordance
with subparagraph 1(a) of Article 5; or
(2) the volume-based safeguard in accordance
with subparagraph 1(b) of Article 5,
the President shall, consistent with Article 5 as deter-
mined by the President, determine the amount of the duty
to be imposed, the period such duty shall be in effect, and
any other terms and conditions applicable to the duty.
(c) IMPOSITION
OF SAFEGUARD.—The President
shall direct the Secretary of the Treasury to impose a duty
on a special safeguard agricultural good entered, or with-
drawn from warehouse, for consumption in the United
States in accordance with a determination made under
subsection (b).
(d) NO SIMULTANEOUS SAFEGUARD.—A duty may
not be in effect for a special safeguard agricultural good
pursuant to this section during any period in which such
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good is the subject of any action proclaimed pursuant to
section 202 or 203 of the Trade Act of 1974 (19 U.S.C.
2252 or 2253).
(e) EXCLUSION OF NAFTA COUNTRIES.—The Presi-
dent may exempt from any duty imposed under this sec-
tion any good originating in a NAFTA country (as deter-
mined in accordance with section 202 of the North Amer-
ican Free Trade Agreement Implementation Act (19
U.S.C. 3332)).
(f) ADVICE OF SECRETARY OF AGRICULTURE.—The
Secretary of Agriculture shall advise the President on the
implementation of this section.
(g) TERMINATION DATE.—This section shall cease to
be effective on the date, as determined by the President,
that the special safeguard provisions of Article 5 are no
longer in force with respect to the United States.
(h) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Article 5’’ means Article 5 of the
Agreement on Agriculture described in section
101(d)(2);
(2) the term ‘‘relevant period’’ means the pe-
riod determined by the President to be applicable to
a special safeguard agricultural good for purposes of
applying this section; and
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(3) the term ‘‘special safeguard agricultural
good’’ means an agricultural good on which an addi-
tional duty may be imposed pursuant to the special
safeguard provisions of Article 5.
PART II—EXPORTS
SEC. 411. EXPORT PROGRAMS.
(a) EXPORT ENHANCEMENT PROGRAM.—
(1) SHORT
TITLE.—This subsection may be
cited as the ‘‘Export Enhancement Program Amend-
ments of 1994’’.
(2) TITLE HEADING.—Title III of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5651 et seq.) is
amended by striking the title heading and inserting
the following:
‘‘TITLE III—EXPORT
ENHANCEMENT PROGRAM’’.
(3) GENERAL AUTHORITY.—Subsection (a) of
section 301 of such Act (7 U.S.C. 5651(a)) is
amended to read as follows:
‘‘(a) IN GENERAL.—The Commodity Credit Corpora-
tion shall carry out an export enhancement program in
accordance with this section to encourage the commercial
sale of United States agricultural commodities in world
markets at competitive prices. The program shall be car-
ried out in a market sensitive manner. Activities under
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the program shall not be limited to responses to unfair
trade practices.’’.
(4) FUNDING.—Section 301 of such Act (7
U.S.C. 5651) is amended—
(A) in subsection (e), by striking ‘‘1995’’
and inserting ‘‘2001’’; and
(B) by adding at the end the following:
‘‘(g) CONSISTENCY WITH INTERNATIONAL OBLIGA-
TIONS.—Notwithstanding any other provision of this sec-
tion, the Commodity Credit Corporation shall administer
and carry out the program authorized by this section in
a manner consistent, as determined by the President, with
the obligations undertaken by the United States set forth
in the Uruguay Round Agreements.’’.
(b) DAIRY EXPORT INCENTIVE PROGRAM.—Section
153(a) of the Food Security Act of 1985 (15 U.S.C. 713a–
14) is amended by striking ‘‘1995’’ and inserting ‘‘2001’’.
(c) EXPORT SALES
OF DAIRY PRODUCTS.—Sub-
section (a) of section 1163 of the Food Security Act of
1985 (Public Law 99–198; 7 U.S.C. 1731 note) is amend-
ed to read as follows:
‘‘(a) In each fiscal year, the Secretary of Agriculture
may sell dairy products for export, at such prices as the
Secretary determines appropriate, in a quantity and allo-
cated as determined by the Secretary, consistent with the
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obligations undertaken by the United States set forth in
the Uruguay Round Agreements, if the disposition of the
commodities will not interfere with the usual marketings
of the United States nor disrupt world prices of agricul-
tural commodities and patterns of commercial trade.’’.
(d) MARKET PROMOTION PROGRAM.—(1) Section
203(c) of the Agricultural Trade Act of 1978 (7 U.S.C.
5623(c)) is amended—
(A) by striking paragraph (2);
(B) by striking ‘‘PARTICIPATION.—’’ and all
that follows through ‘‘To’’ in paragraph (1) and in-
serting ‘‘PARTICIPATION.—To’’;
(C) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively;
and
(D) by aligning the margins of paragraphs (1),
(2), and (3) (as so redesignated) so as to align with
the margin of paragraph (1) of subsection (d).
(2) Section 203(f)(2) of such Act (7 U.S.C.
5623(f)(2)) is amended—
(A) by striking subparagraph (D);
(B) by inserting ‘‘or’’ at the end of subpara-
graph (C); and
(C) by redesignating subparagraph (E) as sub-
paragraph (D).
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(e) FOOD AID.—
(1) POLICY.—In light of the Uruguay Round
Agreement on Agriculture and the Ministerial Deci-
sion on Measures Concerning the Possible Negative
Effects of the Reform Program on Least-Developed
and Net-Food Importing Developing Countries, the
United States reaffirms the commitment of the
United States to providing food aid to developing
countries.
(2) SENSE OF CONGRESS.—It is the sense of
Congress that—
(A) the President should initiate consulta-
tions with other donor nations to consider ap-
propriate levels of food aid commitments to
meet the legitimate needs of developing coun-
tries; and
(B) the United States should increase its
contribution of bona fide food assistance to de-
veloping countries consistent with the Agree-
ment on Agriculture.
SEC. 412. OTHER CONFORMING AMENDMENTS.
(a) PUBLIC LAW 98–332.—Section 106 of Public
Law 98–332 (98 Stat. 287), is repealed.
(b) AGRICULTURE, RURAL DEVELOPMENT, AND RE-
LATED AGENCIES APPROPRIATIONS ACT, 1984.—Section
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625(A) of the Agriculture, Rural Development, and Relat-
ed Agencies Appropriations Act, 1984, as given the force
of law by section 101(d) of Public Law 98–151 (97 Stat.
1853), is repealed.
(c) AGRICULTURAL ACT OF 1956.—Section 203 of the
Agriculture Act of 1956 (7 U.S.C. 1853) is repealed.
PART III—OTHER PROVISIONS
SEC. 421. AUTHORITY FOR CERTAIN ACTIONS UNDER ARTI-
CLE XXVIII.
(a) IN GENERAL.—In the application of section
125(c) of the Trade Act of 1974 (19 U.S.C. 2135) with
respect to any item provided for in subheadings
2401.10.60, 
2401.20.30, 
2401.20.80, 
2401.30.30,
2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or
2403.99.00 of the HTS, ‘‘350’’ shall be substituted for
‘‘20’’ where it appears in such section.
(b) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
SEC. 422. TOBACCO IMPORTS.
(a) DOMESTIC MARKETING ASSESSMENT.—Section
320C of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1314i) is amended by adding at the end the follow-
ing new subsection:
‘‘(g) EFFECTIVE DATE.—This section shall be effec-
tive only for calendar year 1994.’’.
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(b) BUDGET DEFICIT ASSESSMENT.—
(1) IMPORTER ASSESSMENTS.—Section 106(g)
of the Agricultural Act of 1949 (7 U.S.C. 1445(g))
is amended—
(A) by striking paragraph (1) and insert-
ing the following new paragraph:
‘‘(1) Effective only for each of the 1994
through 1998 crops of tobacco for which price sup-
port is made available under this Act, each producer
and purchaser of such tobacco, and each importer of
the same kind of tobacco, shall remit to the Com-
modity Credit Corporation a nonrefundable market-
ing assessment in an amount equal to—
‘‘(A) in the case of a producer or pur-
chaser of domestic tobacco, .5 percent of the
national price support level for each such crop;
and
‘‘(B) in the case of an importer of tobacco,
1 percent of the national support price for the
same kind of tobacco;
as provided for in this section.’’; and
(B) in paragraph (2), by striking ‘‘assess-
ments and purchaser’’ and inserting ‘‘, pur-
chaser, and importer’’.
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(2) CONFORMING
AMENDMENT.—Section 106
of such Act (7 U.S.C. 1445) is amended by striking
subsection (h).
(c) WAIVER AUTHORITY.—The President may waive
the application to imported tobacco of section 106(g),
106A, or 106B of the Agricultural Act of 1949 (7 U.S.C.
1445(g), 1445–1, or 1445–2) or the amendment made in
subsection (c) of section 1106 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103–66; 107 Stat.
323) if the President determines that the waiver is nec-
essary or appropriate pursuant to an international agree-
ment entered into by the United States.
(d) DUTY DRAWBACK.—Section 313(w) of the Tariff
Act of 1930 (19 U.S.C. 1313) (as added by section
404(d)(5)) is further amended—
(1) by striking ‘‘PRODUCTS.—No’’ and insert-
ing ‘‘PRODUCTS.—
‘‘(1) IN GENERAL.—No’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) APPLICATION
TO
TOBACCO.—Notwith-
standing paragraph (1), drawback shall also be
available pursuant to subsection (a) with respect to
any tobacco subject to the over-quota rate of duty
established under a tariff-rate quota.’’.
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(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall be effective beginning
on the effective date of the Presidential proclamation, au-
thorized under section 421, establishing a tariff-rate quota
pursuant to Article XXVIII of the GATT 1947 or the
GATT 1994 with respect to tobacco.
SEC. 423. TOBACCO PROCLAMATION AUTHORITY.
(a) IN GENERAL.—The President, after consultation
with the Committee on Ways and Means of the House of
Representatives and with the Committee on Finance of the
Senate, may proclaim the reduction or elimination of any
duty with respect to cigar binder and filler tobacco, wrap-
per tobacco, or oriental tobacco set forth in Schedule XX.
(b) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
SEC. 424. REPORT TO CONGRESS ON ACCESS TO CANADIAN
DAIRY AND POULTRY MARKETS.
The President, not later than 6 months after the date
of entry into force of the WTO Agreement with respect
to the United States, shall submit a report to the Congress
on the extent to which Canada is complying with its obli-
gations under the Uruguay Round Agreements with re-
spect to dairy and poultry products and with its related
obligations under the North American Free Trade Agree-
ment.
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SEC. 425. STUDY OF MILK MARKETING ORDER SYSTEM.
The Secretary of Agriculture shall conduct a study
to determine the effects of the Uruguay Round Agree-
ments on the Federal milk marketing order system. Not
later than 6 months after the date of entry into force of
the WTO Agreement with respect to the United States,
the Secretary of Agriculture shall report to the Congress
on the results of the study.
SEC. 426. ADDITIONAL PROGRAM FUNDING.
(a) USE OF ADDITIONAL FUNDS.—Consistent, as de-
termined by the President, with the obligations under-
taken by the United States set forth in the Uruguay
Round Agreements, the Commodity Credit Corporation
shall use, in addition to any other funds appropriated or
made available for such purposes, any funds made avail-
able under subsection (b) for authorized export promotion,
foreign market development, export credit financing, and
promoting the development, commercialization, and mar-
keting of products resulting from alternative uses of agri-
cultural commodities.
(b) AMOUNT
OF ADDITIONAL FUNDS.—Amounts
shall be credited to the Commodity Credit Corporation in
fiscal year 1995 equal to the lesser of the dollar amount
of—
(1) the fiscal year 1995 Pay-As-You-Go sav-
ings; and
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(2) the 5-year Pay-As-You-Go savings;
under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985, resulting from the enactment
of the Federal Crop Insurance Reform Act of 1994.
(c) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this section.
Subtitle B—Sanitary and
Phytosanitary Measures
SEC. 431. SANITARY AND PHYTOSANITARY MEASURES.
(a) TRADE AGREEMENTS ACT
OF 1979.—Section
414 of the Trade Agreements Act of 1979 (19 U.S.C.
2544) is amended by adding at the end the following:
‘‘(c) SANITARY AND PHYTOSANITARY MEASURES.—
‘‘(1) PUBLIC INFORMATION.—The standards in-
formation center shall, in addition to the functions
specified under subsection (b), make available to the
public relevant documents, at such reasonable fees
as the Secretary of Commerce may prescribe, and
information regarding—
‘‘(A) any sanitary or phytosanitary meas-
ure of general application, including any inspec-
tion procedure or approval procedure proposed,
adopted, or maintained by a Federal agency or
agency of a State or local government;
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‘‘(B) the procedures of a Federal agency or
an agency of a State or local government for
risk assessment and factors the agency consid-
ers in conducting the assessment;
‘‘(C) the determination of the levels of pro-
tection that a Federal agency or an agency of
a State or local government considers appro-
priate; and
‘‘(D) the membership and participation of
the Federal Government and State and local
governments in international and regional sani-
tary and phytosanitary organizations and sys-
tems, and in bilateral and multilateral arrange-
ments regarding sanitary and phytosanitary
measures, and the provisions of those systems
and arrangements.
‘‘(2) DEFINITIONS.—The definitions in section
463 apply for purposes of this subsection.’’.
(b) RAILWAY CAR INSPECTION.—Subsection (a) of
the Act of January 31, 1942 (56 Stat. 40, chapter 31;
7 U.S.C. 149), is amended by striking ‘‘from Mexico’’.
(c) FEDERAL PLANT PEST ACT.—The Federal Plant
Pest Act (7 U.S.C. 150aa et seq.) is amended—
(1) so that section 103 (7 U.S.C. 150bb) reads
as follows:
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‘‘SEC. 103. MOVEMENT OF PESTS PROHIBITED.
‘‘(a) IN GENERAL.—No person shall import or enter
any plant pest into the United States, or move any plant
pest interstate, or accept delivery of any plant pest moving
from any foreign country into or through the United
States, or interstate, unless the movement is made in ac-
cordance with such regulations as the Secretary may pro-
mulgate to prevent the dissemination into the United
States, or interstate, of plant pests.
‘‘(b) REGULATIONS.—The regulations promulgated
by the Secretary to implement subsection (a) may include
regulations requiring that a plant pest moving into or
through the United States, or interstate—
‘‘(1) be accompanied by a permit issued by the
Secretary prior to the movement of the plant pest;
or
‘‘(2) be accompanied by a certificate of inspec-
tion issued, in a manner and form required by the
Secretary, by appropriate officials of the country or
State from which the plant pest is to be moved.’’;
and
(2) in section 104 (7 U.S.C. 150cc)—
(A) so that subsection (a) reads as follows:
‘‘(a) Any letter, parcel, box, or other package contain-
ing any plant pest, whether sealed as letter-rate postal
matter or not, is nonmailable, and shall not knowingly be
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conveyed in the mail or delivered from any post office or
by any mail carrier, unless it is mailed in conformance
with such regulations as the Secretary may promulgate
to prevent the dissemination into the United States, or
interstate, of plant pests.’’;
(B) by striking subsection (b); and
(C) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively.
(d) PLANT QUARANTINE ACT.—The Act of August
20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.)
(commonly known as the ‘‘Plant Quarantine Act’’) is
amended—
(1) so that the first section (7 U.S.C. 151)
reads as follows:
‘‘SECTION 1. IMPORTATION OF NURSERY STOCK.
‘‘(a) IN GENERAL.—No person shall—
‘‘(1) import or enter into the United States any
nursery stock; or
‘‘(2) accept delivery of any nursery stock mov-
ing from any foreign country into or through the
United States;
unless the movement is made in accordance with such reg-
ulations as the Secretary of Agriculture may promulgate
to prevent dissemination into the United States of plant
pests, plant diseases, or insect pests.
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‘‘(b) REGULATIONS.—The regulations promulgated
by the Secretary of Agriculture to implement subsection
(a) may include regulations requiring that nursery stock
moving into or though the United States—
‘‘(1) be accompanied by a permit issued by the
Secretary of Agriculture prior to the movement of
the nursery stock;
‘‘(2) be accompanied by a certificate of inspec-
tion issued, in a manner and form required by the
Secretary of Agriculture, by appropriate officials of
the country or State from which the nursery stock
is to be moved;
‘‘(3) be grown under postentry quarantine con-
ditions by or under the supervision of the Secretary
of Agriculture for the purposes of determining
whether the nursery stock may be infested with
plant pests or insect pests, or infected with plant
diseases, not discernible by port-of-entry inspection;
and
‘‘(4) if the nursery stock is found to be infested
with plant pests or insect pests or infected with
plant diseases, be subject to remedial measures the
Secretary of Agriculture determines to be necessary
to prevent the spread of plant pests, insect pests, or
plant diseases.’’; and
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(2) so that the last sentence of section 2 (7
U.S.C. 156) reads as follows: ‘‘This section does not
apply to nursery stock that is imported or entered
from a country or a region of a country that the
Secretary of Agriculture designates, pursuant to pro-
cedures set forth in such regulations as the Sec-
retary may promulgate, as exempt from the require-
ments of this section.’’.
(e) HONEYBEE IMPORTATION.—The first section of
the Act of August 31, 1922 (42 Stat. 833, chapter 301;
7 U.S.C. 281) (commonly known as the ‘‘Honeybee Act’’),
is amended to read as follows:
‘‘SECTION 1. HONEYBEE IMPORTATION.
‘‘(a) IN GENERAL.—The Secretary of Agriculture is
authorized to prohibit or restrict the importation or entry
of honeybees and honeybee semen into or through the
United States in order to prevent the introduction and
spread of diseases and parasites harmful to honeybees, the
introduction of genetically undesirable germ plasm of hon-
eybees, or the introduction and spread of undesirable spe-
cies or subspecies of honeybees and the semen of honey-
bees.
‘‘(b) REGULATIONS.—The Secretary of Agriculture
and the Secretary of the Treasury are each authorized to
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prescribe such regulations as the respective Secretary de-
termines necessary to carry out this section.
‘‘(c) ENFORCEMENT.—Honeybees or honeybee semen
offered for importation into, intercepted entering, or hav-
ing entered the United States, other than in accordance
with regulations promulgated by the Secretary of Agri-
culture and the Secretary of the Treasury, shall be de-
stroyed or immediately exported.
‘‘(d) DEFINITION.—As used in this Act, the term
‘honeybee’ means all life stages and the germ plasm of
honeybees of the genus Apis, except honeybee semen.’’.
(f) FEDERAL NOXIOUS WEED ACT OF 1974.—Sec-
tion 4 of the Federal Noxious Weed Act of 1974 (7 U.S.C.
2803) is amended so that subsections (a) through (b) read
as follows:
‘‘(a) No person shall import or enter any noxious
weed identified in a regulation promulgated by the Sec-
retary into or through the United States or move any nox-
ious weed interstate, unless the movement is in accordance
with such conditions as the Secretary may prescribe by
regulation under this Act to prevent the dissemination into
the United States, or interstate, of such noxious weeds.
‘‘(b) The regulations prescribed by the Secretary to
implement subsection (a) may include regulations requir-
ing that any noxious weed imported or entered into the
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United States or moving interstate be accompanied by a
permit issued by the Secretary prior to the movement of
the noxious weed.’’.
(g) TARIFF ACT OF 1930.—Section 306(b) of the
Tariff Act of 1930 (19 U.S.C. 1306(b)) is amended by
inserting before the period at the end the following: ‘‘, or
is, and is likely to remain, a region of low prevalence of
rinderpest and foot-and-mouth disease’’.
(h) IMPORTATION OF ANIMALS.—Section 6 of the Act
of August 30, 1890 (26 Stat. 416, chapter 839; 21 U.S.C.
104), is amended to read as follows:
‘‘SEC. 6. IMPORTATION OF ANIMALS.
‘‘(a) IN GENERAL.—The Secretary of Agriculture
may by regulation prohibit or restrict the importation or
entry of any cattle, sheep, or other ruminants, or swine,
that are diseased or infected with any disease, or that have
been exposed to an infection, into or through the United
States to prevent the dissemination into the United States
of a disease.
‘‘(b) PENALTIES.—
‘‘(1) CRIMINAL.—Any person who knowingly
violates any regulation promulgated by the Secretary
pursuant to this section, or any provision of sections
7 through 10 or any regulation promulgated by the
Secretary pursuant to such sections, shall be fined
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under title 18, United States Code, or imprisoned
not more than 1 year, or both.
‘‘(2) CIVIL.—Any person who violates any such
provision or any such regulation may be assessed a
civil penalty by the Secretary of Agriculture not ex-
ceeding $1,000. The Secretary may issue an order
assessing the civil penalty only after notice and an
opportunity for an agency hearing on the record.
The order shall be treated as a final order
reviewable under chapter 158 of title 28, United
States Code. The validity of the order may not be
reviewed in an action to collect such civil penalty.’’.
(i) 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) in subsection (a)—
(A) by striking ‘‘(a) IN GENERAL.—Except
as provided in subsection (b), the’’ and insert-
ing ‘‘The’’;
(B) in the first sentence, by striking ‘‘shall
cause careful inspection to be made by a suit-
able officer of all’’ and inserting ‘‘may cause
careful inspection of any’’; and
(C) in the third sentence, by striking ‘‘they
shall not be allowed to be placed’’ and inserting
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‘‘the Secretary may prohibit or restrict their
placement’’; and
(2) by striking subsection (b).
(j) INTERNATIONAL
ANIMAL
QUARANTINE
STA-
TION.—The 6th sentence in the first section of Public Law
91–239 (21 U.S.C. 135) is amended—
(1) by striking ‘‘North American’’; and
(2) by striking ‘‘within the United States’’.
(k) POULTRY PRODUCTS INSPECTION ACT.—Section
17(d) of the Poultry Products Inspection Act (21 U.S.C.
466) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) 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 shall—
‘‘(A) be subject to inspection, sanitary, quality,
species verification, and residue standards that
achieve a level of sanitary protection equivalent to
that achieved under United States standards; and
‘‘(B) have been processed in facilities and under
conditions that achieve a level of sanitary protection
equivalent to that achieved under United States
standards.’’; and
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(2) in paragraph (2)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) The Secretary may treat as equivalent to a
United States standard a standard of an exporting coun-
try described in paragraph (1) if the exporting country
provides the Secretary with scientific evidence or other in-
formation, in accordance with risk assessment methodolo-
gies determined appropriate by the Secretary, to dem-
onstrate that the standard of the exporting country
achieves the level of sanitary protection achieved under the
United States standard. For the purposes of this sub-
section, the term ‘sanitary protection’ means protection to
safeguard public health.’’;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
(l) FEDERAL MEAT INSPECTION ACT.—Section 20(e)
of the Federal Meat Inspection Act (21 U.S.C. 620(e))
is amended—
(1) so that subparagraphs (A) through (B) of
paragraph (1) read as follows:
‘‘(A) A certification by the Secretary that for-
eign plants exporting carcasses or meat or meat
products referred to in subsection (a) have complied
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with requirements that achieve a level of sanitary
protection equivalent to that achieved under United
States requirements with regard to all inspection,
building construction standards, and all other provi-
sions of this Act and regulations issued under this
Act.
‘‘(B) The Secretary may treat as equivalent to
a United States requirement a requirement de-
scribed in subparagraph (A) if the exporting country
provides the Secretary with scientific evidence or
other information, in accordance with risk assess-
ment methodologies determined appropriate by the
Secretary, to demonstrate that the requirement
achieves the level of sanitary protection achieved
under the United States requirement. For the pur-
poses of this subsection, the term ‘sanitary protec-
tion’ means protection to safeguard public health.’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through
(7) as paragraphs (2) through (6), respectively.
SEC. 432. INTERNATIONAL STANDARD-SETTING ACTIVITIES.
Title IV of the Trade Agreements Act of 1979 (19
U.S.C. 2531 et seq.) is amended by adding at the end
the following new subtitle:
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‘‘Subtitle F—International
Standard-Setting Activities
‘‘SEC. 491. NOTICE OF UNITED STATES PARTICIPATION IN
INTERNATIONAL STANDARD-SETTING ACTIVI-
TIES.
‘‘(a) IN GENERAL.—The President shall designate an
agency to be responsible for informing the public of the
sanitary and phytosanitary standard-setting activities of
each international standard-setting organization.
‘‘(b) NOTIFICATION.—Not later than June 1 of each
year, the agency designated under subsection (a) with re-
spect to each international standard-setting organization
shall publish notice in the Federal Register of the informa-
tion specified in subsection (c) with respect to that organi-
zation. The notice shall cover the period ending on June
1 of the year in which the notice is published, and begin-
ning on the date of the preceding notice under this sub-
section, except that the first such notice shall cover the
1-year period ending on the date of the notice.
‘‘(c) REQUIRED INFORMATION.—The information to
be provided in the notice under subsection (b) is—
‘‘(1) the sanitary or phytosanitary standards
under consideration or planned for consideration by
that organization;
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‘‘(2) for each sanitary or phytosanitary stand-
ard specified in paragraph (1)—
‘‘(A) a description of the consideration or
planned consideration of the standard;
‘‘(B) whether the United States is partici-
pating or plans to participate in the consider-
ation of the standard;
‘‘(C) the agenda for the United States par-
ticipation, if any; and
‘‘(D) the agency responsible for represent-
ing the United States with respect to the stand-
ard.
‘‘(d) PUBLIC COMMENT.—The agency specified in
subsection (c)(2)(D) shall provide an opportunity for pub-
lic comment with respect to the standards for which the
agency is responsible and shall take the comments into
account in participating in the consideration of the stand-
ards and in proposing matters to be considered by the or-
ganization.
‘‘SEC. 492. EQUIVALENCE DETERMINATIONS.
‘‘(a) IN GENERAL.—An agency may not determine
that a sanitary or phytosanitary measure of a foreign
country is equivalent to a sanitary or phytosanitary meas-
ure established under the authority of Federal law unless
the agency determines that the sanitary or phytosanitary
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measure of the foreign country provides at least the same
level of sanitary or phytosanitary protection as the com-
parable sanitary or phytosanitary measure established
under the authority of Federal law.
‘‘(b) FDA DETERMINATION.—If the Commissioner
proposes to issue a determination of the equivalency of a
sanitary or phytosanitary measure of a foreign country to
a measure that is required to be promulgated as a rule
under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or other statute administered by the
Food and Drug Administration, the Commissioner shall
issue a proposed regulation to incorporate such determina-
tion and shall include in the notice of proposed rulemaking
the basis for the determination that the sanitary or
phytosanitary measure of a foreign country provides at
least the same level of sanitary or phytosanitary protection
as the comparable Federal sanitary or phytosanitary
measure. The Commissioner shall provide opportunity for
interested persons to comment on the proposed regulation.
The Commissioner shall not issue a final regulation based
on the proposal without taking into account the comments
received.
‘‘(c) NOTICE.—If the Commissioner proposes to issue
a determination of the equivalency of a sanitary or
phytosanitary measure of a foreign country to a sanitary
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or phystosanitary measure of the Food and Drug Adminis-
tration that is not required to be promulgated as a rule
under the Federal Food, Drug, and Cosmetic Act or other
statute administered by the Food and Drug Administra-
tion, the Commissioner shall publish a notice in the Fed-
eral Register that identifies the basis for the determina-
tion that the measure provides at least the same level of
sanitary or phytosanitary protection as the comparable
Federal sanitary or phytosanitary measure. The Commis-
sioner shall provide opportunity for interested persons to
comment on the notice. The Commissioner shall not issue
a final determination on the issue of equivalency without
taking into account the comments received.
‘‘SEC. 493. DEFINITIONS.
‘‘(a) IN GENERAL.—As used in this subtitle:
‘‘(1) AGENCY.—The term ‘agency’ means a
Federal department or agency (or combination of
Federal departments or agencies).
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of Food and Drugs.
‘‘(3) INTERNATIONAL STANDARD-SETTING OR-
GANIZATION.—The term ‘international standard-set-
ting organization’ means an organization consisting
of representatives of 2 or more countries, the pur-
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pose of which is to negotiate, develop, promulgate, or
amend an international standard.
‘‘(4) SANITARY
OR
PHYTOSANITARY
STAND-
ARD.—The term ‘sanitary or phytosanitary stand-
ard’ means a standard intended to form a basis for
a sanitary or phytosanitary measure.
‘‘(5) INTERNATIONAL
STANDARD.—The term
‘international standard’ means a standard, guideline,
or recommendation—
‘‘(A) regarding food safety, adopted by the
Codex Alimentarius Commission, including a
standard, guideline, or recommendation regard-
ing decomposition elaborated by the Codex
Committee on Fish and Fishery Products, food
additives, contaminants, hygienic practice, and
methods of analysis and sampling;
‘‘(B) 
regarding 
animal 
health 
and
zoonoses, developed under the auspices of the
International Office of Epizootics;
‘‘(C) regarding plant health, developed
under the auspices of the Secretariat of the
International Plant Protection Convention in
cooperation with the North American Plant
Protection Organization; or
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‘‘(D) established by or developed under any
other international organization agreed to by
the NAFTA countries (as defined in section
2(4) of the North American Free Trade Agree-
ment Implementation Act) or by the WTO
members (as defined in section 2(10) of the
Uruguay Round Agreements Act).
‘‘(b) OTHER DEFINITIONS.—The definitions set forth
in section 463 apply for purposes of this subtitle except
that in applying paragraph (7) of section 463 with respect
to a sanitary or phytosanitary measure of a foreign coun-
try, any reference in such paragraph to the United States
shall be deemed to be a reference to that foreign coun-
try.’’.
Subtitle C—Standards
SEC. 441. THE FEDERAL SEED ACT.
The Federal Seed Act (7 U.S.C. 1551 et seq.) is
amended—
(1) in section 301(a) (7 U.S.C. 1581(a))—
(A) by striking ‘‘(a)’’;
(B) in paragraph (1), by striking ‘‘, or is
required to be stained and is not so stained,
under the terms of this title,’’;
(C) by striking paragraph (3); and
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(D) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
(2) in section 302 (7 U.S.C. 1582)—
(A) in subsection (a), by striking ‘‘stain-
ing,’’ both places it appears; and
(B) by striking subsection (e);
(3) by striking section 303 (7 U.S.C. 1585) and
inserting the following new section:
‘‘SEC. 303. CERTAIN SEEDS NOT ADAPTED FOR GENERAL
AGRICULTURAL USE.
‘‘Whenever the Secretary of Agriculture, after a pub-
lic hearing, determines that seed of alfalfa or red clover
from any foreign country is not adapted for general agri-
cultural use in the United States, the Secretary shall pub-
lish the determination and the reasons for the determina-
tion.’’; and
(4) in section 304 (7 U.S.C. 1586)—
(A) in subsection (a)—
(i) by inserting ‘‘or’’ at the end of
paragraph (2);
(ii) by striking the semicolon at the
end of paragraph (3) and inserting a pe-
riod; and
(iii) 
by 
striking 
paragraphs 
(4)
through (7);
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(B) by striking subsection (b); and
(C) by redesignating subsection (c) as sub-
section (b).
Subtitle D—General Effective Date
SEC. 451. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, this title,
and the amendments made by this title, shall take effect
on the date of entry into force of the WTO Agreement
with respect to the United States.
TITLE V—INTELLECTUAL
PROPERTY
SEC. 501. DEFINITION.
For purposes of this title—
(1) the term ‘‘WTO Agreement’’ has the mean-
ing given that term in section 2(9) of the Uruguay
Round Agreements Act; and
(2) the term ‘‘WTO member country’’ has the
meaning given that term in section 2(10) of the
Uruguay Round Agreements Act.
Subtitle A—Copyright Provisions
SEC. 511. RENTAL RIGHTS IN COMPUTER PROGRAMS.
Section 804(c) of the Computer Software Rental
Amendments Act of 1990 (17 U.S.C. 109 note; 104 Stat.
5136) is amended by striking the first sentence.
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SEC. 512. CIVIL PENALTIES FOR UNAUTHORIZED FIXATION
OF AND TRAFFICKING IN SOUND RECORD-
INGS AND MUSIC VIDEOS OF LIVE MUSICAL
PERFORMANCES.
(a) IN GENERAL.—Title 17, United States Code, is
amended by adding at the end the following new chapter:
‘‘CHAPTER 11—SOUND RECORDINGS AND MUSIC
VIDEOS
‘‘Sec.
‘‘1101. Unauthorized fixation and trafficking in sound recordings and music vid-
eos.
‘‘§ 1101. Unauthorized fixation and trafficking in
sound recordings and music videos
‘‘(a) UNAUTHORIZED ACTS.—Anyone who, without
the consent of the performer or performers involved—
‘‘(1) fixes the sounds or sounds and images of
a live musical performance in a copy or phonorecord,
or reproduces copies or phonorecords of such a per-
formance from an unauthorized fixation,
‘‘(2) transmits or otherwise communicates to
the public the sounds or sounds and images of a live
musical performance, or
‘‘(3) distributes or offers to distribute, sells or
offers to sell, rents or offers to rent, or traffics in
any copy or phonorecord fixed as described in para-
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graph (1), regardless of whether the fixations oc-
curred in the United States,
shall be subject to the remedies provided in sections 502
through 505, to the same extent as an infringer of copy-
right.
‘‘(b) DEFINITION.—As used in this section, the term
‘traffic in’ means transport, transfer, or otherwise dispose
of, to another, as consideration for anything of value, or
make or obtain control of with intent to transport, trans-
fer, or dispose of.
‘‘(c) APPLICABILITY.—This section shall apply to any
act or acts that occur on or after the date of the enactment
of the Uruguay Round Agreements Act.
‘‘(d) STATE LAW NOT PREEMPTED.—Nothing in this
section may be construed to annul or limit any rights or
remedies under the common law or statutes of any
State.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters for title 17, United States Code, is amended by add-
ing at the end the following:
‘‘11. Sound Recordings and Music Videos ................................ 1101’’.
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SEC. 513. CRIMINAL PENALTIES FOR UNAUTHORIZED FIXA-
TION OF AND TRAFFICKING IN SOUND RE-
CORDINGS AND MUSIC VIDEOS OR LIVE MU-
SICAL PERFORMANCES.
(a) IN GENERAL.—Chapter 113 of title 18, United
States Code, is amended by inserting after section 2319
the following:
‘‘§ 2319A. Unauthorized fixation of and trafficking in
sound recordings and music videos of
live musical performances
‘‘(a) OFFENSE.—Whoever, without the consent of the
performer or performers involved, knowingly and for pur-
poses of commercial advantage or private financial gain—
‘‘(1) fixes the sounds or sounds and images of
a live musical performance in a copy or phonorecord,
or reproduces copies or phonorecords of such a per-
formance from an unauthorized fixation;
‘‘(2) transmits or otherwise communicates to
the public the sounds or sounds and images of a live
musical performance; or
‘‘(3) distributes or offers to distribute, sells or
offers to sell, rents or offers to rent, or traffics in
any copy or phonorecord fixed as described in para-
graph (1), regardless of whether the fixations oc-
curred in the United States;
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shall be imprisoned for not more than 5 years or fined
in the amount set forth in this title, or both, or if the
offense is a second or subsequent offense, shall be impris-
oned for not more than 10 years or fined in the amount
set forth in this title, or both.
‘‘(b) FORFEITURE AND DESTRUCTION.—When a per-
son is convicted of a violation of subsection (a), the court
shall order the forfeiture and destruction of any copies or
phonorecords created in violation thereof, as well as any
plates, molds, matrices, masters, tapes, and film negatives
by means of which such copies or phonorecords may be
made. The court may also, in its discretion, order the for-
feiture and destruction of any other equipment by means
of which such copies or phonorecords may be reproduced,
taking into account the nature, scope, and proportionality
of the use of the equipment in the offense.
‘‘(c) SEIZURE
AND
FORFEITURE.—If copies or
phonorecords of sounds or sounds and images of a live
musical performance are fixed outside of the United States
without the consent of the performer or performers in-
volved, such copies or phonorecords are subject to seizure
and forfeiture in the United States in the same manner
as property imported in violation of the customs laws. The
Secretary of the Treasury shall, not later than 60 days
after the date of the enactment of the Uruguay Round
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Agreements Act, issue regulations to carry out this sub-
section, including regulations by which any performer
may, upon payment of a specified fee, be entitled to notifi-
cation by the United States Customs Service of the impor-
tation of copies or phonorecords that appear to consist of
unauthorized fixations of the sounds or sounds and images
of a live musical performance.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the terms ‘copy’, ‘fixed’, ‘musical work’,
‘phonorecord’, ‘reproduce’, ‘sound recordings’, and
‘transmit’ mean those terms within the meaning of
title 17; and
‘‘(2) the term ‘traffic in’ means transport,
transfer, or otherwise dispose of, to another, as con-
sideration for anything of value, or make or obtain
control of with intent to transport, transfer, or dis-
pose of.
‘‘(e) APPLICABILITY.—This section shall apply to any
Act or Acts that occur on or after the date of the enact-
ment of the Uruguay Round Agreements Act.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 113 of title 18, United States Code, is
amended by inserting after the item relating to section
2319 the following:
‘‘2319A. Unauthorized fixation of and trafficking in sound recordings and music
videos of live musical performances.’’.
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SEC. 514. RESTORED WORKS.
(a) IN GENERAL.—Section 104A of title 17, United
States Code, is amended to read as follows:
‘‘§ 104A. Copyright in restored works
‘‘(a) AUTOMATIC PROTECTION AND TERM.—
‘‘(1) TERM.—
‘‘(A) Copyright subsists, in accordance
with this section, in restored works, and vests
automatically on the date of restoration.
‘‘(B) Any work in which copyright is re-
stored under this section shall subsist for the
remainder of the term of copyright that the
work would have otherwise been granted in the
United States if the work never entered the
public domain in the United States.
‘‘(2) EXCEPTION.—Any work in which the
copyright was ever owned or administered by the
Alien Property Custodian and in which the restored
copyright would be owned by a government or in-
strumentality thereof, is not a restored work.
‘‘(b) OWNERSHIP OF RESTORED COPYRIGHT.—A re-
stored work vests initially in the author or initial
rightholder of the work as determined by the law of the
source country of the work.
‘‘(c) FILING OF NOTICE OF INTENT TO ENFORCE
RESTORED COPYRIGHT AGAINST RELIANCE PARTIES.—
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On or after the date of restoration, any person who owns
a copyright in a restored work or an exclusive right therein
may file with the Copyright Office a notice of intent to
enforce that person’s copyright or exclusive right or may
serve such a notice directly on a reliance party. Acceptance
of a notice by the Copyright Office is effective as to any
reliance parties but shall not create a presumption of the
validity of any of the facts stated therein. Service on a
reliance party is effective as to that reliance party and
any other reliance parties with actual knowledge of such
service and of the contents of that notice.
‘‘(d) REMEDIES FOR INFRINGEMENT OF RESTORED
COPYRIGHTS.—
‘‘(1) ENFORCEMENT
OF
COPYRIGHT
IN
RE-
STORED WORKS IN THE ABSENCE OF A RELIANCE
PARTY.—As against any party who is not a reliance
party, the remedies provided in chapter 5 of this
title shall be available on or after the date of res-
toration of a restored copyright with respect to an
act of infringement of the restored copyright that is
commenced on or after the date of restoration.
‘‘(2) ENFORCEMENT
OF
COPYRIGHT
IN
RE-
STORED WORKS AS AGAINST RELIANCE PARTIES.—
As against a reliance party, except to the extent pro-
vided in paragraphs (3) and (4), the remedies pro-
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vided in chapter 5 of this title shall be available,
with respect to an act of infringement of a restored
copyright, on or after the date of restoration of the
restored copyright if the requirements of either of
the following subparagraphs are met:
‘‘(A)(i) The owner of the restored copy-
right (or such owner’s agent) or the owner of
an exclusive right therein (or such owner’s
agent) files with the Copyright Office, during
the 24-month period beginning on the date of
restoration, a notice of intent to enforce the re-
stored copyright; and
‘‘(ii)(I) the act of infringement commenced
after the end of the 12-month period beginning
on the date of publication of the notice in the
Federal Register;
‘‘(II) the act of infringement commenced
before the end of the 12-month period described
in subclause (I) and continued after the end of
that 12-month period, in which case remedies
shall be available only for infringement occur-
ring after the end of that 12-month period; or
‘‘(III) copies or phonorecords of a work in
which copyright has been restored under this
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section are made after publication of the notice
of intent in the Federal Register.
‘‘(B)(i) The owner of the restored copy-
right (or such owner’s agent) or the owner of
an exclusive right therein (or such owner’s
agent) serves upon a reliance party a notice of
intent to enforce a restored copyright; and
‘‘(ii)(I) the act of infringement commenced
after the end of the 12-month period beginning
on the date the notice of intent is received;
‘‘(II) the act of infringement commenced
before the end of the 12-month period described
in subclause (I) and continued after the end of
that 12-month period, in which case remedies
shall be available only for the infringement oc-
curring after the end of that 12-month period;
or
‘‘(III) copies or phonorecords of a work in
which copyright has been restored under this
section are made after receipt of the notice of
intent.
In the event that notice is provided under both sub-
paragraphs (A) and (B), the 12-month period re-
ferred to in such subparagraphs shall run from the
earlier of publication or service of notice.
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‘‘(3) EXISTING
DERIVATIVE
WORKS.—(A) In
the case of a derivative work that is based upon a
restored work and is created—
‘‘(i) before the date of the enactment of
the Uruguay Round Agreements Act, if the
source country of the derivative work is an eli-
gible country on such date, or
‘‘(ii) before the date of adherence or proc-
lamation, if the source country of the derivative
work is not an eligible country on such date of
enactment,
a reliance party may continue to exploit that work
for the duration of the restored copyright if the reli-
ance party pays to the owner of the restored copy-
right reasonable compensation for conduct which
would be subject to a remedy for infringement but
for the provisions of this paragraph.
‘‘(B) In the absence of an agreement between
the parties, the amount of such compensation shall
be determined by an action in United States district
court, and shall reflect any harm to the actual or po-
tential market for or value of the restored work from
the reliance party’s continued exploitation of the
work, as well as compensation for the relative con-
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tributions of expression of the author of the restored
work and the reliance party to the derivative work.
‘‘(4) COMMENCEMENT OF INFRINGEMENT FOR
RELIANCE PARTIES.—For purposes of section 412,
in the case of reliance parties, infringement shall be
deemed to have commenced before registration when
acts which would have constituted infringement had
the restored work been subject to copyright were
commenced before the date of restoration.
‘‘(e) NOTICES OF INTENT TO ENFORCE A RESTORED
COPYRIGHT.—
‘‘(1) NOTICES
OF
INTENT
FILED
WITH
THE
COPYRIGHT OFFICE.—(A)(i) A notice of intent filed
with the Copyright Office to enforce a restored copy-
right shall be signed by the owner of the restored
copyright or the owner of an exclusive right therein,
who files the notice under subsection (d)(2)(A)(i)
(hereafter in this paragraph referred to as the
‘owner’), or by the owner’s agent, shall identify the
title of the restored work, and shall include an Eng-
lish translation of the title and any other alternative
titles known to the owner by which the restored
work may be identified, and an address and tele-
phone number at which the owner may be contacted.
If the notice is signed by an agent, the agency rela-
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withholding under this chapter, then for purposes of
this chapter and so much of subtitle F as relates to
this chapter, such payment shall be treated as if it
were a payment of wages by an employer to an em-
ployee. The amount to be deducted and withheld
under this chapter from any payment to which any
request under this paragraph applies shall be an
amount equal to 15 percent of such payment.
‘‘(3) AUTHORITY
FOR
OTHER
VOLUNTARY
WITHHOLDING.—The Secretary is authorized by reg-
ulations to provide for withholding—
‘‘(A) from remuneration for services per-
formed by an employee for the employee’s em-
ployer which (without regard to this paragraph)
does not constitute wages, and
‘‘(B) from any other type of payment with
respect to which the Secretary finds that with-
holding would be appropriate under the provi-
sions of this chapter,
if the employer and employee, or the person making
and the person receiving such other type of payment,
agree to such withholding. Such agreement shall be
in such form and manner as the Secretary may by
regulations prescribe. For purposes of this chapter
(and so much of subtitle F as relates to this chap-