H. R. 5110—120
provide for an ongoing review of the operation of part IV of the
Subsidies Agreement.
(c) SUNSET OF NONCOUNTERVAILABLE SUBSIDIES PROVISIONS.—
(1) IN GENERAL.—Subparagraphs (B), (C), (D), and (E) of
section 771(5B) of the Tariff Act of 1930 shall cease to apply
as provided in subparagraph (G)(i) of such section, unless,
before the date referred to in such subparagraph (G)(i)—
(A) the Subsidies Committee determines to extend Arti-
cles 6.1, 8, and 9 of the Subsidies Agreement as in effect
on the date on which the Subsidies Agreement enters into
force or in a modified form, in accordance with Article
31 of such Agreement,
(B) the President consults with the Congress in accord-
ance with paragraph (2), and
(C) an implementing bill is submitted and enacted
into law in accordance with paragraphs (3) and (4).
(2) CONSULTATION
WITH
CONGRESS
BEFORE
SUBSIDIES
COMMITTEE
AGREES
TO
EXTEND.—Before a determination is
made by the Subsidies Committee to extend Articles 6.1, 8,
and 9 of the Subsidies Agreement, the President shall consult
with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
regarding such extension.
(3) IMPLEMENTATION OF EXTENSION.—
(A) NOTIFICATION AND SUBMISSION.—Any extension of
subparagraphs (B), (C), (D), and (E) of section 771(5B)
of the Tariff Act of 1930 shall take effect if (and only
if)—
(i) after the Subsidies Committee determines to
extend Articles 6.1, 8, and 9 of the Subsidies Agree-
ment, the President submits to the committees referred
to in paragraph (2) a copy of the document describing
the terms of such extension, together with—
(I) a draft of an implementing bill,
(II) a statement of any administrative action
proposed to implement the extension, and
(III) the supporting information described in
subparagraph (C); and
(ii) the implementing bill is enacted into law.
(B) 
IMPLEMENTING
BILL.—The 
implementing 
bill
referred to in subparagraph (A) shall contain only those
provisions that are necessary or appropriate to implement
an extension of the provisions of section 771(5B) (B), (C),
(D), and (E) of the Tariff Act of 1930 as in effect on
the day before the date of the enactment of the implement-
ing bill or as modified to reflect the determination of the
Subsidies Committee to extend Articles 6.1, 8, and 9 of
the Subsidies Agreement.
(C) 
SUPPORTING
INFORMATION.—The 
supporting
information required under subparagraph (A)(i)(III) con-
sists of—
(i) an explanation as to how the implementing
bill and proposed administrative action will change
or affect existing law; and
(ii) a statement regarding—
(I) how the extension serves the interests of
United States commerce, and
H. R. 5110—121
(II) why the implementing bill and proposed
administrative action is required or appropriate
to carry out the extension.
(4) APPLICATION OF CONGRESSIONAL ‘‘FAST TRACK’’ PROCE-
DURES TO IMPLEMENTING BILL.—Section 151 of the Trade Act
of 1974 (19 U.S.C. 2191) is amended—
(A) in subsection (b)(1)—
(i) by inserting ‘‘, or with respect to an extension
described in section 282(c)(3) of the Uruguay Round
Agreements Act,’’ after ‘‘trade agreements’’,
(ii) by striking ‘‘or section 1103(a)(1) of the Omni-
bus Trade and Competitiveness Act of 1988’’ and insert-
ing ‘‘, section 1103(a)(1) of the Omnibus Trade and
Competitiveness Act of 1988, or section 282 of the
Uruguay Round Agreements Act’’, and
(iii) by inserting ‘‘or such extension’’ in subpara-
graphs (A) and (C) after ‘‘agreements’’ each place it
appears, and
(B) in subsection (c)(1)—
(i) by inserting ‘‘or section 282 of the Uruguay
Round Agreements Act’’ after ‘‘section 102’’, and
(ii) by inserting ‘‘or extension’’ after ‘‘agreement’’
each place it appears.
(5) REPORT BY THE TRADE REPRESENTATIVE.—Not later than
the date referred to in section 771(5B)(G)(i) of the Tariff Act
of 1930, the Trade Representative shall submit to the Congress
a report setting forth the provisions of law which were enacted
to implement Articles 6.1, 8, and 9 of the Subsidies Agreement
and should be repealed or modified if such provisions are not
extended.
(d) REVIEW OF THE OPERATION OF THE SUBSIDIES AGREEMENT.—
The Secretary of Commerce, in consultation with other appropriate
departments and agencies of the Federal Government, shall under-
take an ongoing review of the operation of the Subsidies Agreement.
The review shall address—
(1) the effectiveness of part II of the Subsidies Agreement
in disciplining the use of subsidies which are prohibited under
Article 3 of the Agreement,
(2) the effectiveness of part III and, in particular, Article
6.1 of the Subsidies Agreement, in remedying the adverse
effects of subsidies which are actionable under the Agreement,
and
(3) the extent to which the provisions of part IV of the
Subsidies Agreement may have undermined the benefits
derived from other parts of the Agreement, and, in particular—
(A) the extent to which WTO member countries have
cooperated in reviewing and improving the operation of
part IV of the Subsidies Agreement,
(B) the extent to which the provisions of Articles 8.4
and 8.5 of the Subsidies Agreement have been effective
in identifying and remedying violations of the conditions
and criteria described in Article 8.2 of the Agreement,
and
(C) the extent to which the provisions of Article 9
of the Subsidies Agreement have been effective in remedy-
ing the serious adverse effects of subsidy programs
described in Article 8.2 of the Agreement.
H. R. 5110—122
Not later than 4 years and 6 months after the date of the
enactment of this Act, the Secretary of Commerce shall submit
to the Congress a report on the review required under this
subsection.
SEC. 283. AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930.
(a) PRELIMINARY DETERMINATION BY ADMINISTERING AUTHOR-
ITY.—Section 703(b) of the Tariff Act of 1930 (19 U.S.C. 1671b(b)),
as amended, is amended by adding at the end the following new
paragraph:
‘‘(5) NOTIFICATION OF ARTICLE 8 VIOLATION.—If the only
subsidy under investigation is a subsidy with respect to which
the administering authority received notice from the Trade
Representative of a violation of Article 8 of the Subsidies Agree-
ment, paragraph (1) shall be applied by substituting ‘60 days’
for ‘65 days’.’’.
(b) SUBSIDY PRACTICE DISCOVERED DURING A PROCEEDING.—
Section 775 of the Tariff Act of 1930 (19 U.S.C. 1677d) is amended
to read as follows:
‘‘SEC. 775. COUNTERVAILABLE 
SUBSIDY 
PRACTICES 
DISCOVERED
DURING A PROCEEDING.
‘‘If, in the course of a proceeding under this title, the admin-
istering authority discovers a practice which appears to be a
countervailable subsidy, but was not included in the matters alleged
in a countervailing duty petition, or if the administering authority
receives notice from the Trade Representative that a subsidy or
subsidy program is in violation of Article 8 of the Subsidies Agree-
ment, then the administering authority—
‘‘(1) shall include the practice, subsidy, or subsidy program
in the proceeding if the practice, subsidy, or subsidy program
appears to be a countervailable subsidy with respect to the
merchandise which is the subject of the proceeding, or
‘‘(2) shall transfer the information (other than confidential
information) concerning the practice, subsidy, or subsidy pro-
gram to the library maintained under section 777(a)(1), if the
practice, subsidy, or subsidy program appears to be a
countervailable subsidy with respect to any other merchan-
dise.’’.
(c) ADMINISTRATIVE REVIEWS.—Section 751 of the Tariff Act
of 1930 (19 U.S.C. 1675), as amended, is amended by redesignating
subsection (g) as subsection (h) and by inserting after subsection
(f) the following new subsection:
‘‘(g) REVIEWS TO IMPLEMENT RESULTS OF SUBSIDIES ENFORCE-
MENT PROCEEDING.—
‘‘(1) VIOLATIONS OF ARTICLE 8 OF THE SUBSIDIES AGREE-
MENT.—If—
‘‘(A) the administering authority receives notice from
the Trade Representative of a violation of Article 8 of
the Subsidies Agreement,
‘‘(B) the administering authority has reason to believe
that merchandise subject to an existing countervailing duty
order or suspended investigation is benefiting from the
subsidy or subsidy program found to have been in violation
of Article 8 of the Subsidies Agreement, and
‘‘(C) no review pursuant to subsection (a)(1) is in
progress,
H. R. 5110—123
the administering authority shall conduct a review of the order
or suspended investigation to determine whether the subject
merchandise benefits from the subsidy or subsidy program
found to have been in violation of Article 8 of the Subsidies
Agreement. If the administering authority determines that the
subject merchandise is benefiting from the subsidy or subsidy
program, it shall make appropriate adjustments in the esti-
mated duty to be deposited or appropriate revisions to the
terms of the suspension agreement.
‘‘(2) WITHDRAWAL OF SUBSIDY OR IMPOSITION OF COUNTER-
MEASURES.—If the Trade Representative notifies the admin-
istering authority that, pursuant to Article 4 or Article 7 of
the Subsidies Agreement—
‘‘(A)(i) the United States has imposed countermeasures,
and
‘‘(ii) such countermeasures are based on the effects
in the United States of imports of merchandise that is
the subject of a countervailing duty order, or
‘‘(B) a WTO member country has withdrawn a
countervailable subsidy provided with respect to merchan-
dise subject to a countervailing duty order,
the administering authority shall conduct a review to determine
if the amount of the estimated duty to be deposited should
be adjusted or the order should be revoked.
‘‘(3) EXPEDITED REVIEW.—The administering authority shall
conduct reviews under this subsection on an expedited basis,
and shall publish the results of such reviews in the Federal
Register.’’.
Subtitle C—Effective Date
SEC. 291. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section 261, the amend-
ments made by this title shall take effect on the date described
in subsection (b) and apply with respect to—
(1) investigations initiated—
(A) on the basis of petitions filed under section 702(b),
732(b), or 783(b) of the Tariff Act of 1930 after the date
described in subsection (b), or
(B) by the administering authority under section 702(a)
or 732(a) of such Act after such date,
(2) reviews initiated under section 751 of such Act—
(A) by the administering authority or the Commission
on their own initiative after such date, or
(B) pursuant to a request filed after such date,
(3) investigations initiated under section 753 of such Act
after such date,
(4) petitions filed under section 780 of such Act after such
date, and
(5) inquiries initiated under section 781 of such Act—
(A) by the administering authority on its own initiative
after such date, or
(B) pursuant to a request filed after such date.
(b) DATE DESCRIBED.—The date described in this subsection
is the date on which the WTO Agreement (as defined in section
2(9)) enters into force with respect to the United States.
H. R. 5110—124
TITLE III—ADDITIONAL
IMPLEMENTATION OF AGREEMENTS
Subtitle A—Safeguards
SEC. 301. INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDA-
TIONS BY INTERNATIONAL TRADE COMMISSION.
(a) 
TREATMENT
OF
CONFIDENTIAL
INFORMATION.—Section
202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended
by adding at the end the following: ‘‘The Commission may request
that parties providing confidential business information furnish
nonconfidential summaries thereof or, if such parties indicate that
the information in the submission cannot be summarized, the rea-
sons why a summary cannot be provided. If the Commission finds
that a request for confidentiality is not warranted and if the party
concerned is either unwilling to make the information public or
to authorize its disclosure in generalized or summarized form, the
Commission may disregard the submission.’’.
(b) ADMINISTRATIVE PROTECTIVE ORDERS.—Section 202 of the
Trade Act of 1974 (19 U.S.C. 2252) is amended by adding at the
end the following:
‘‘(i) LIMITED DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMA-
TION UNDER PROTECTIVE ORDER.—The Commission shall promul-
gate regulations to provide access to confidential business
information under protective order to authorized representatives
of interested parties who are parties to an investigation under
this section.’’.
(c) NOTICE OF PROCEEDINGS.—Section 202(b) of the Trade Act
of 1974 (19 U.S.C. 2252(b)) is amended by striking paragraphs
(3) and (4) and inserting the following:
‘‘(3) The Commission shall publish notice of the commence-
ment of any proceeding under this subsection in the Federal
Register and shall, within a reasonable time thereafter, hold
public hearings at which the Commission shall afford interested
parties and consumers an opportunity to be present, to present
evidence, to comment on the adjustment plan, if any, submitted
under subsection (a), to respond to the presentations of other
parties and consumers, and otherwise to be heard.’’.
(d) CRITICAL CIRCUMSTANCES.—
(1) IN
GENERAL.—Section 202(d)(2) of the Trade Act of
1974 (19 U.S.C. 2252(d)(2)) is amended to read as follows:
‘‘(2)(A) When a petition filed under subsection (a) alleges
that critical circumstances exist and requests that provisional
relief be provided under this subsection with respect to imports
of the article identified in the petition, the Commission shall,
not later than 60 days after the petition containing the request
was filed, determine, on the basis of available information,
whether—
‘‘(i) there is clear evidence that increased imports
(either actual or relative to domestic production) of the
article are a substantial cause of serious injury, or the
threat thereof, to the domestic industry producing an article
like or directly competitive with the imported article; and
H. R. 5110—125
‘‘(ii) delay in taking action under this chapter would
cause damage to that industry that would be difficult to
repair.
‘‘(B) If the determinations under subparagraph (A)(i) and
(ii) are affirmative, the Commission shall find the amount
or extent of provisional relief that is necessary to prevent
or remedy the serious injury. In carrying out this subparagraph,
the Commission shall give preference to increasing or imposing
a duty on imports, if such form of relief is feasible and would
prevent or remedy the serious injury.
‘‘(C) The Commission shall immediately report to the Presi-
dent its determinations under subparagraph (A)(i) and (ii) and,
if the determinations are affirmative, the finding under
subparagraph (B).
‘‘(D) Within 30 days after receiving a report from the
Commission under subparagraph (C) containing an affirmative
determination under subparagraph (A)(i) and (ii), the President,
if he considers provisional relief to be warranted and after
taking into account the finding of the Commission under
subparagraph (B), shall proclaim, for a period not to exceed
200 days, such provisional relief that the President considers
necessary to prevent or remedy the serious injury. Such relief
shall take the form of an increase in, or the imposition of,
a duty on imports, if such form of relief is feasible and would
prevent or remedy the serious injury.’’.
(2) TIME LIMITS FOR DETERMINATIONS.—Section 202 of the
Trade Act of 1974 (19 U.S.C. 2252) is amended—
(A) in subsection (b)(2)—
(i) in subparagraph (A) by inserting ‘‘(180 days
if the petition alleges that critical circumstances exist)’’
after ‘‘120 days’’; and
(ii) in subparagraph (B) by inserting ‘‘(210 days
if the petition alleges that critical circumstances exist)’’
after ‘‘150 days’’; and
(B) in subsection (f)(1) by inserting ‘‘(240 days if the
petition alleges that critical circumstances exist)’’ after ‘‘180
days’’.
(3) ACTION BY THE PRESIDENT.—Section 203(a)(4) of the
Trade Act of 1974 (19 U.S.C. 2253(a)(4)) is amended—
(A) by striking ‘‘The’’ and inserting ‘‘(A) Subject to
subparagraph (B), the’’;
(B) by inserting after ‘‘60 days’’ the following: ‘‘(50
days if the President has proclaimed provisional relief
under section 202(d)(2)(D) with respect to the article con-
cerned)’’; and
(C) by striking ‘‘; except that’’ and all that follows
through ‘‘received.’’ and inserting a period and the
following:
‘‘(B) If a supplemental report is requested under paragraph
(5), the President shall take action under paragraph (1) within
30 days after the supplemental report is received, except that,
in a case in which the President has proclaimed provisional
relief under section 202(d)(2)(D) with respect to the article
concerned, action by the President under paragraph (1) may
not be taken later than the 200th day after the provisional
relief was proclaimed.’’.
H. R. 5110—126
(4) CONFORMING
AMENDMENTS.—Section 202(d) of the
Trade Act of 1974 (19 U.S.C. 2252(d)) is amended—
(A) in paragraph (3)—
(i) by striking ‘‘(2)(B)’’ and inserting ‘‘(2)(D)’’; and
(ii) by striking ‘‘subsection (b)(1)’’ and inserting
‘‘paragraph (2)(A)’’; and
(B) in paragraph (4)(A)(i) by inserting ‘‘or (2)(D)’’ after
‘‘(1)(G)’’.
(e) FACTORS IN MAKING DETERMINATIONS.—Section 202(c) of
the Trade Act of 1974 (19 U.S.C. 2252(c)) is amended—
(1) in paragraph (1)(B)(i) by inserting ‘‘productivity,’’ after
‘‘wages,’’; and
(2) in paragraph (6)—
(A) by amending subparagraph (A) to read as follows:
‘‘(A)(i) The term ‘domestic industry’ means, with
respect to an article, the producers as a whole of the
like or directly competitive article or those producers whose
collective production of the like or directly competitive arti-
cle constitutes a major proportion of the total domestic
production of such article.
‘‘(ii) The term ‘domestic industry’ includes producers
located in the United States insular possessions.’’; and
(B) by adding at the end the following:
‘‘(C) The term ‘serious injury’ means a significant over-
all impairment in the position of a domestic industry.
‘‘(D) The term ‘threat of serious injury’ means serious
injury that is clearly imminent.
(f) LIMITATIONS
ON INVESTIGATIONS.—Section 202(h) of the
Trade Act of 1974 (19 U.S.C. 2252(h)) is amended by adding at
the end the following:
‘‘(3)(A) Not later than the date on which the Textiles Agree-
ment enters into force with respect to the United States, the
Secretary of Commerce shall publish in the Federal Register
a list of all articles that are subject to the Textiles Agreement.
An investigation may be conducted under this section concern-
ing imports of any article that is subject to the Textiles Agree-
ment only if the United States has integrated that article
into GATT 1994 pursuant to the Textiles Agreement, as set
forth in notices published in the Federal Register by the Sec-
retary of Commerce, including the notice published under sec-
tion 331 of the Uruguay Round Agreements Act.
‘‘(B) For purposes of this paragraph:
‘‘(i) The term ‘Textiles Agreement’ means the Agree-
ment on Textiles and Clothing referred to in section
101(d)(4) of the Uruguay Round Agreements Act.
‘‘(ii) The term ‘GATT 1994’ has the meaning given
that term in section 2(1)(B) of the Uruguay Round Agree-
ments Act.’’.
SEC. 302. ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT
INJURY.
(a) AUTHORITY TO ENTER INTO INTERNATIONAL AGREEMENTS.—
Section 203 of the Trade Act of 1974 (19 U.S.C. 2253) is amended—
(1) in subsection (a)(3)(E) by striking ‘‘orderly marketing’’;
(2) in subsection (d)(1) by striking ‘‘orderly marketing
agreements’’ and inserting ‘‘agreements described in subsection
(a)(3)(E)’’;
H. R. 5110—127
(3) in subsection (f)—
(A) in the subsection heading by striking ‘‘ORDERLY
MARKETING AND OTHER’’ and inserting ‘‘CERTAIN’’;
(B) in paragraph (1)—
(i) by striking ‘‘orderly marketing agreements’’ the
first place it appears and inserting ‘‘agreements of
the type described in subsection (a)(3)(E)’’; and
(ii) by striking ‘‘orderly marketing agreements with
foreign countries’’ and inserting ‘‘agreements of the
type described in subsection (a)(3)(E)’’; and
(C) in paragraph (2) by striking ‘‘orderly marketing
agreement implemented under subsection (a)’’ and inserting
‘‘agreement implemented under subsection (a)(3)(E)’’; and
(4) in subsection (g)(2)—
(A) in the first sentence by striking ‘‘orderly marketing
or other’’; and
(B) in the second sentence—
(i) by striking ‘‘orderly marketing agreement’’ and
inserting ‘‘agreement of the type described in sub-
section (a)(3)(E) that is’’; and
(ii) 
by 
striking 
‘‘agreements’’ 
and 
inserting
‘‘agreement’’.
(b) LIMITATIONS ON ACTIONS.—
(1) DURATION OF ACTIONS.—Section 203(e)(1) of the Trade
Act of 1974 (19 U.S.C. 2253(e)(1)) is amended to read as follows:
‘‘(1)(A) Subject to subparagraph (B), the duration of the
period in which an action taken under this section may be
in effect shall not exceed 4 years. Such period shall include
the period, if any, in which provisional relief under section
202(d) was in effect.
‘‘(B)(i) Subject to clause (ii), the President, after receiving
an affirmative determination from the Commission under sec-
tion 204(c) (or, if the Commission is equally divided in its
determination, a determination which the President considers
to be an affirmative determination of the Commission), may
extend the effective period of any action under this section
if the President determines that—
‘‘(I) the action continues to be necessary to prevent
or remedy the serious injury; and
‘‘(II) there is evidence that the domestic industry is
making a positive adjustment to import competition.
‘‘(ii) The effective period of any action under this section,
including any extensions thereof, may not, in the aggregate,
exceed 8 years.’’.
(2) LIMITATION
ON
QUANTITATIVE
RESTRICTIONS.—Section
203(e)(4) of the Trade Act of 1974 (19 U.S.C. 2253(e)(4)) is
amended to read as follows:
‘‘(4) Any action taken under this section proclaiming a
quantitative restriction shall permit the importation of a quan-
tity or value of the article which is not less than the average
quantity or value of such article entered into the United States
in the most recent 3 years that are representative of imports
of such article and for which data are available, unless the
President finds that the importation of a different quantity
or value is clearly justified in order to prevent or remedy
the serious injury.’’.
H. R. 5110—128
(3) PHASING-DOWN OF ACTIONS.—Section 203(e)(5) of the
Trade Act of 1974 (19 U.S.C. 2253(e)(5)) is amended to read
as follows:
‘‘(5) An action described in subsection (a)(3)(A), (B), or
(C) that has an effective period of more than 1 year shall
be phased down at regular intervals during the period in which
the action is in effect.’’.
(4) LIMITATIONS ON NEW ACTIONS AND INVESTIGATIONS OF
SAME ARTICLE.—(A) Section 203(e) of the Trade Act of 1974
(19 U.S.C. 2253(e)) is amended by adding at the end the follow-
ing:
‘‘(7)(A) If an article was the subject of an action under
subparagraph (A), (B), (C), or (E) of subsection (a)(3), no new
action may be taken under any of those subparagraphs with
respect to such article for—
‘‘(i) a period beginning on the date on which the pre-
vious action terminates that is equal to the period in which
the previous action was in effect, or
‘‘(ii) a period of 2 years beginning on the date on
which the previous action terminates,
whichever is greater.
‘‘(B) Notwithstanding subparagraph (A), if the previous
action under subparagraph (A), (B), (C), or (E) of subsection
(a)(3) with respect to an article was in effect for a period
of 180 days or less, the President may take a new action
under any of those subparagraphs with respect to such article
if—
‘‘(i) at least 1 year has elapsed since the previous
action went into effect; and
‘‘(ii) an action described in any of those subparagraphs
has not been taken with respect to such article more than
twice in the 5-year period immediately preceding the date
on which the new action with respect to such article first
becomes effective.’’.
(B) Section 202(h)(2) of the Trade Act of 1974 (19 U.S.C.
2252(h)(2)) is amended to read as follows:
‘‘(2) No new investigation shall be conducted with respect
to an article that is or has been the subject of an action
under section 203(a)(3)(A), (B), (C), or (E) if the last day on
which the President could take action under section 203 in
the new investigation is a date earlier than that permitted
under section 203(e)(7).’’.
(c) REPORTS ON MONITORING.—Section 204(a) of the Trade Act
of 1974 (19 U.S.C. 2354(a)) is amended—
(1) by amending paragraph (2) to read as follows:
‘‘(2) If the initial period during which the action taken
under section 203 is in effect exceeds 3 years, or if an extension
of such action exceeds 3 years, the Commission shall submit
a report on the results of the monitoring under paragraph
(1) to the President and to the Congress not later than the
date that is the mid-point of the initial period, and of each
such extension, during which the action is in effect.’’; and
(2) in paragraph (4) by striking ‘‘extension,’’.
(d) INVESTIGATION OF EXTENSION OF ACTION.—Section 204 of
the Trade Act of 1974 (19 U.S.C. 2254) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
H. R. 5110—129
(2) by inserting after subsection (b) the following:
‘‘(c) EXTENSION OF ACTION.—
‘‘(1) Upon request of the President, or upon petition on
behalf of the industry concerned filed with the Commission
not earlier than the date which is 9 months, and not later
than the date which is 6 months, before the date any action
taken under section 203 is to terminate, the Commission shall
investigate to determine whether action under section 203
continues to be necessary to prevent or remedy serious injury
and whether there is evidence that the industry is making
a positive adjustment to import competition.
‘‘(2) The Commission shall publish notice of the commence-
ment of any proceeding under this subsection in the Federal
Register and shall, within a reasonable time thereafter, hold
a public hearing at which the Commission shall afford
interested parties and consumers an opportunity to be present,
to present evidence, and to respond to the presentations of
other parties and consumers, and otherwise to be heard.
‘‘(3) The Commission shall transmit to the President a
report on its investigation and determination under this sub-
section not later than 60 days before the action under section
203 is to terminate, unless the President specifies a different
date.’’.
SEC. 303. MISCELLANEOUS AMENDMENTS.
Title II of the Trade Act of 1974 is amended as follows:
(1) Section 202(a)(2)(B)(ii) (19 U.S.C. 2252(a)(2)(B)(ii)) is
amended by striking ‘‘, or at any time before the 150th day
after the date of filing be amended to request,’’.
(2) Section 202(b)(1)(A) (19 U.S.C. 2252(b)(1)(A)) is
amended by striking ‘‘(b)’’ and inserting ‘‘(a)’’.
(3) Section 202(d)(1) (19 U.S.C. 2252(d)(1)) is amended—
(A) in subparagraph (C)(i) by striking ‘‘paragraph (2)’’
and inserting ‘‘subparagraph (B)’’; and
(B) by striking ‘‘or threat thereof’’ each place it appears
in subparagraphs (E) and (G).
(4) Section 202(d)(4)(A)(i) (19 U.S.C. 2252(d)(4)(A)(i)) is
amended by striking ‘‘203(a)’’ and inserting ‘‘202(b)’’.
(5) Section 202(c)(6) (19 U.S.C. 2252(c)(6)) is amended by
striking ‘‘subsection’’ and inserting ‘‘section’’.
(6) Section 202(f)(2)(G)(ii) (19 U.S.C. 2252(f)(2)(G)(ii)) is
amended by striking ‘‘is’’ and inserting ‘‘are’’.
(7) Section 203(a)(2)(C) (19 U.S.C. 2253(a)(2)(C)) is
amended by striking ‘‘201(b)’’ and inserting ‘‘202(a)’’.
(8) Section 203(c) (19 U.S.C. 2253(c)) is amended by striking
‘‘(c)(2)’’ and inserting ‘‘(d)(2)’’.
(9) Section 203(e)(2) (19 U.S.C. 2253(e)(2)) is amended—
(A) by striking ‘‘may be taken under subsection
(a)(1)(A), (B), or (C) or under section 202(d)(2)(B)’’ and
inserting ‘‘of a type described in subsection (a)(3)(A), (B),
or (C) may be taken under subsection (a)(1), under section
202(d)(1)(G), or under section 202(d)(2)(D)’’; and
(B) by striking ‘‘or threat thereof’’.
(10) Section 203(e)(6)(B) (19 U.S.C. 2253(e)(6)(B)) is
amended—
(A) by striking ‘‘203(c)’’ and inserting ‘‘202(e)’’; and
(B) by striking ‘‘203(a)’’ and inserting ‘‘202(b)’’.
H. R. 5110—130
SEC. 304. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection (b), 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.
(b) SECTION 301(b).—The amendment made by section 301(b)
takes effect on the date of the enactment of this Act.
Subtitle B—Foreign Trade Barriers and
Unfair Trade Practices
SEC. 
311. 
IDENTIFICATION 
OF 
FOREIGN 
ANTICOMPETITIVE
PRACTICES.
(a) REPORT TO CONGRESS.—
(1) CONTENTS OF REPORT.—Section 181(b)(2) of the Trade
Act of 1974 (19 U.S.C. 2241(b)(2)) is amended—
(A) in subparagraph (A) by striking ‘‘or’’ after the
comma;
(B) in subparagraph (B) by striking the period and
inserting ‘‘, or’’; and
(C) by adding after subparagraph (B) the following:
‘‘(C) a section on foreign anticompetitive practices, the
toleration of which by foreign governments is adversely
affecting exports of United States goods or services.’’.
(2) ASSISTANCE OF OTHER AGENCIES.—Section 181(c) of the
Trade Act of 1974 (19 U.S.C. 2241(c)) is amended by adding
at the end of paragraph (1) the following: ‘‘In preparing the
section of the report required by subsection (b)(2)(C), the Trade
Representative shall consult in particular with the Attorney
General.’’.
SEC. 312. CONSULTATION WITH COMMITTEES.
Section 181(b)(3) of the Trade Act of 1974 (19 U.S.C. 2241(b)(3))
is amended by adding at the end the following: ‘‘After the submis-
sion of the report required by paragraph (1), the Trade Representa-
tive shall also consult periodically with, and take into account
the views of, the committees described in that paragraph regarding
means to address the foreign trade barriers identified in the report,
including the possible initiation of investigations under section 302
or other trade actions.’’.
SEC. 313. IDENTIFICATION OF COUNTRIES THAT DENY PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS.
Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is
amended—
(1) in subsection (b) by adding at the end the following:
‘‘(4) In identifying foreign countries under paragraphs (1)
and (2) of subsection (a), the Trade Representative shall take
into account—
‘‘(A) the history of intellectual property laws and prac-
tices of the foreign country, including any previous identi-
fication under subsection (a)(2), and
‘‘(B) the history of efforts of the United States, and
the response of the foreign country, to achieve adequate
and effective protection and enforcement of intellectual
property rights.’’; and
H. R. 5110—131
(2) in subsection (d)—
(A) in paragraph (3) by amending the matter preceding
subparagraph (A) to read as follows:
‘‘(3) A foreign country denies fair and equitable market
access if the foreign country effectively denies access to a mar-
ket for a product protected by a copyright or related right,
patent, trademark, mask work, trade secret, or plant breeder’s
right, through the use of laws, procedures, practices, or regula-
tions which—’’; and
(B) by adding at the end the following:
‘‘(4) A foreign country may be determined to deny adequate
and effective protection of intellectual property rights, notwith-
standing the fact that the foreign country may be in compliance
with the specific obligations of the Agreement on Trade-Related
Aspects of Intellectual Property Rights referred to in section
101(d)(15) of the Uruguay Round Agreements Act.’’; and
(3) by adding at the end the following:
‘‘(g) ANNUAL REPORT.—The Trade Representative shall, by not
later than the date by which countries are identified under sub-
section (a), transmit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate, a report on actions taken under this section during
the 12 months preceding such report, and the reasons for such
actions, including a description of progress made in achieving
improved intellectual property protection and market access for
persons relying on intellectual property rights.’’.
SEC. 314. AMENDMENTS TO TITLE III OF THE TRADE ACT OF 1974.
(a) SCOPE OF AUTHORITY.—
(1) IN GENERAL.—Subsections (a)(1) and (b)(2) of section
301 of the Trade Act of 1974 (19 U.S.C. 2411(a)(1) and (b)(2))
are each amended by adding the following sentence at the
end:
‘‘Actions may be taken that are within the power of the President
with respect to trade in any goods or services, or with respect
to any other area of pertinent relations with the foreign country.’’.
(2) IMPORT RESTRICTIONS.—Section 301(c)(5) of the Trade
Act of 1974 (19 U.S.C. 2411(c)(5)) is amended by striking the
matter preceding subparagraph (B) and inserting the following:
‘‘(5) If the Trade Representative determines that actions
to be taken under subsection (a) or (b) are to be in the form
of import restrictions, the Trade Representative shall—
‘‘(A) give preference to the imposition of duties over
the imposition of other import restrictions, and’’.
(b) RELATIONSHIP WITH OTHER AUTHORITIES.—Section 301(c)
of the Trade Act of 1974 (19 U.S.C. 2411(c)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘or’’ after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subpara-
graph (D); and
(C) by inserting after subparagraph (B) the following:
‘‘(C) in a case in which the act, policy, or practice
also fails to meet the eligibility criteria for receiving duty-
free treatment under subsections (b) and (c) of section
502 of this Act, subsections (b) and (c) of section 212
of the Caribbean Basin Economic Recovery Act (19 U.S.C.
H. R. 5110—132
2702(b) and (c)), or subsections (c) and (d) of section 203
of the Andean Trade Preference Act (19 U.S.C. 3202(c)
and (d)), withdraw, limit, or suspend such treatment under
such provisions, notwithstanding the provisions of sub-
section (a)(3) of this section; or’’.
(c) DEFINITION OF AN UNREASONABLE ACT, POLICY, OR PRAC-
TICE.—Section 301(d)(3) of the Trade Act of 1974 (19 U.S.C.
2411(d)(3)) is amended—
(1) in subparagraph (B)(i) by striking subclauses (II) and
(III) and inserting the following:
‘‘(II) provision of adequate and effective protection
of intellectual property rights notwithstanding the fact
that the foreign country may be in compliance with
the specific obligations of the Agreement on Trade-
Related Aspects of Intellectual Property Rights referred
to in section 101(d)(15) of the Uruguay Round Agree-
ments Act,
‘‘(III) nondiscriminatory market access opportuni-
ties for United States persons that rely upon intellec-
tual property protection, or
‘‘(IV) market opportunities, including the toleration
by a foreign government of systematic anticompetitive
activities by enterprises or among enterprises in the
foreign country that have the effect of restricting, on
a basis that is inconsistent with commercial consider-
ations, access of United States goods or services to
a foreign market,’’; and
(2) by adding at the end the following:
‘‘(F)(i) For the purposes of subparagraph (B)(i)(II), adequate
and effective protection of intellectual property rights includes
adequate and effective means under the laws of the foreign
country for persons who are not citizens or nationals of such
country to secure, exercise, and enforce rights and enjoy
commercial benefits relating to patents, trademarks, copyrights
and related rights, mask works, trade secrets, and plant breed-
er’s rights.
‘‘(ii) For purposes of subparagraph (B)(i)(IV), the denial
of 
fair 
and 
equitable 
nondiscriminatory 
market 
access
opportunities includes restrictions on market access related
to the use, exploitation, or enjoyment of commercial benefits
derived from exercising intellectual property rights in protected
works or fixations or products embodying protected works.’’.
(d) TIME LIMITS FOR DETERMINATIONS OF UNFAIR TRADE PRAC-
TICES.—Section 304(a) of the Trade Act of 1974 (19 U.S.C. 2414(a))
is amended—
(1) in subparagraph (A) of paragraph (2), by striking ‘‘(other
than the agreement on subsidies and countervailing measures
described in section 2(c)(5) of the Trade Agreements Act of
1979)’’,
(2)(A) in subparagraph (A) of paragraph (3), by inserting
‘‘does not consider that a trade agreement, including the Agree-
ment on Trade-Related Aspects of Intellectual Property
(referred to in section 101(d)(15) of the Uruguay Round Agree-
ments Act), is involved or’’ after ‘‘the Trade Representative’’
the first place it appears, and
(B) in subparagraph (B) of paragraph (3), in the matter
preceding clause (i), by striking ‘‘any investigation initiated
H. R. 5110—133
by reason of section 302(b)(2)’’ and inserting ‘‘an investigation
initiated by reason of section 302(b)(2) (other than an investiga-
tion involving a trade agreement)’’, and
(3) in paragraph (4), by striking ‘‘(other than the agreement
on subsidies and countervailing measures described in section
2(c)(5) of the Trade Agreements Act of 1979)’’.
(e) MONITORING OF FOREIGN COMPLIANCE.—Subsections (a) and
(b) of section 306 of the Trade Act of 1974 (19 U.S.C. 2416) are
amended to read as follows:
‘‘(a) IN GENERAL.—The Trade Representative shall monitor the
implementation of each measure undertaken, or agreement that
is entered into, by a foreign country to provide a satisfactory resolu-
tion of a matter subject to investigation under this chapter or
subject to dispute settlement proceedings to enforce the rights of
the United States under a trade agreement providing for such
proceedings.
‘‘(b) FURTHER ACTION.—
‘‘(1) IN GENERAL.—If, on the basis of the monitoring carried
out under subsection (a), the Trade Representative considers
that a foreign country is not satisfactorily implementing a
measure or agreement referred to in subsection (a), the Trade
Representative shall determine what further action the Trade
Representative shall take under section 301(a). For purposes
of section 301, any such determination shall be treated as
a determination made under section 304(a)(1).’’.
‘‘(2) WTO DISPUTE SETTLEMENT RECOMMENDATIONS.—If the
measure or agreement referred to in subsection (a) concerns
the implementation of a recommendation made pursuant to
dispute settlement proceedings under the World Trade
Organization, and the Trade Representative considers that the
foreign country has failed to implement it, the Trade Represent-
ative shall make the determination in paragraph (1) no later
than 30 days after the expiration of the reasonable period
of time provided for such implementation under paragraph
21 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes that is referred to in section
101(d)(16) of the Uruguay Round Agreements Act.’’.
(f) EXTENSION OF SECTION 310 OF THE TRADE ACT OF 1974.—
Section 310 of the Trade Act of 1974 (19 U.S.C. 2420) is amended
to read as follows:
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.
‘‘(a) IDENTIFICATION.—
‘‘(1) Within 180 days after the submission in calendar year
1995 of the report required by section 181(b), the Trade Rep-
resentative shall—
‘‘(A) review United States trade expansion priorities,
‘‘(B) identify priority foreign country practices, the
elimination of which is likely to have the most significant
potential to increase United States exports, either directly
or through the establishment of a beneficial precedent,
and
‘‘(C) submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House
of Representatives and publish in the Federal Register
a report on the priority foreign country practices identified.
H. R. 5110—134
‘‘(2) In identifying priority foreign country practices under
paragraph (1) of this section, the Trade Representative shall
take into account all relevant factors, including—
‘‘(A) the major barriers and trade distorting practices
described in the National Trade Estimate Report required
under section 181(b);
‘‘(B) the trade agreements to which a foreign country
is a party and its compliance with those agreements;
‘‘(C) the medium- and long-term implications of foreign
government procurement plans; and
‘‘(D) the international competitive position and export
potential of United States products and services.
‘‘(3) The Trade Representative may include in the report,
if appropriate—
‘‘(A) a description of foreign country practices that may
in the future warrant identification as priority foreign coun-
try practices; and
‘‘(B) a statement about other foreign country practices
that were not identified because they are already being
addressed by provisions of United States trade law, by
existing bilateral trade agreements, or as part of trade
negotiations with other countries and progress is being
made toward the elimination of such practices.
‘‘(b) INITIATION OF INVESTIGATIONS.—By no later than the date
which is 21 days after the date on which a report is submitted
to the appropriate congressional committees under subsection (a)(1),
the Trade Representative shall initiate under section 302(b)(1)
investigations under this chapter with respect to all of the priority
foreign country practices identified.
‘‘(c) AGREEMENTS FOR THE ELIMINATION OF BARRIERS.—In the
consultations with a foreign country that the Trade Representative
is required to request under section 303(a) with respect to an
investigation initiated by reason of subsection (b), the Trade Rep-
resentative shall seek to negotiate an agreement that provides
for the elimination of the practices that are the subject of the
investigation 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 include in the
semiannual report required by section 309 a report on the status
of any investigations initiated pursuant to subsection (b) and, where
appropriate, the extent to which such investigations have led to
increased opportunities 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 implementation by for-
eign countries of laws to protect and enforce intellectual prop-
erty rights that supplement and strengthen the standards of
the Agreement on Trade-Related Aspects of Intellectual Prop-
erty Rights referred to in section 101(d)(15) and the North
American Free Trade Agreement and, in particular—
H. R. 5110—135
(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 availability, acquisition, scope,
maintenance, use, and enforcement of intellectual property
rights,
(3) to secure fair, equitable, and nondiscriminatory market
access opportunities for United States persons that rely upon
intellectual property protection,
(4) to take an active role in the development of the intellec-
tual 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 Intellectual Property
Organization (WIPO) to develop a cooperative and mutually
supportive relationship between the World Trade Organization
and WIPO.
SEC. 316. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection (b), 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.
(b) SECTION 314(f).—The amendment made by section 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 amended—
(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 Commis-
sion 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 investiga-
tion. To promote expeditious adjudication, the Commission
shall, within 45 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 settlement agree-
ment’’ and inserting ‘‘an agreement between the private
H. R. 5110—136
parties to the investigation, 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 counter-
claim 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 title 28, United States Code. Any counter-
claim raised pursuant to this section shall relate back
to the date of the original complaint in the proceeding
before the Commission. Action on such counterclaim shall
not delay or affect the proceeding under this section, includ-
ing 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 subsections (e), (f), and (j) with
respect to forfeiture of bonds and under subsection (h)
with respect 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 sentence and inserting ‘‘prescribed
by the Secretary in an amount determined by the Commis-
sion to be sufficient to protect the complainant from any
injury. If the Commission later determines that the
respondent has violated the provisions of this section, the
bond may be forfeited to the complainant.’’;
(B) by adding at the end of paragraph (2) the following:
‘‘If the Commission later determines that the respondent
has not violated the provisions of this section, the bond
may be forfeited 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 following: ‘‘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 complainant to post a bond, in an amount
determined by the Commission to be sufficient to protect the
respondent 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 Commission 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 amended—
(i) by inserting ‘‘(1)’’ before ‘‘If’’;
(ii) in the first sentence by striking ‘‘there is violation’’
and inserting ‘‘there is a violation’’; and
(iii) by adding at the end the following new paragraph:
H. R. 5110—137
‘‘(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 prod-
ucts of named persons; or
‘‘(B) there is a pattern of violation of this section and
it is difficult to identify the source of infringing products.’’.
(B) Subsection (g)(2) is amended—
(i) by striking ‘‘and’’ at the end of subparagraph (A);
(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 PRESI-
DENT.—Subsection (j)(3) is amended by striking ‘‘shall be enti-
tled to entry under bond’’ and all that follows through the
end of the sentence and inserting ‘‘shall, until such determina-
tion becomes final, be entitled to entry under bond prescribed
by the Secretary in an amount determined by the Commission
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
paragraph.’’.
(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—
‘‘(i) carrying out the investigation or related proceeding
in connection with which the information 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 subsection (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 inves-
tigation 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 subsection (d), (e), or (g) resulting from the
investigation or related proceeding in connection with which
the information is submitted.’’.
(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.—
H. R. 5110—138
(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 Inter-
national 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 determination 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
Commission, but only if such request is made within—
‘‘(1) 30 days after the party is named as a respondent
in the proceeding before the Commission, or
‘‘(2) 30 days after the district court action is filed,
whichever is later.
‘‘(b) USE
OF COMMISSION RECORD.—Notwithstanding section
337(n)(1) of the Tariff Act of 1930, after dissolution 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 protective order as the district court determines necessary,
to the extent permitted under the Federal Rules of Evidence 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 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 international
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.’’.
H. R. 5110—139
(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 section 337 of
the Tariff Act of 1930 on or after the 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 initiated 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 Agree-
ment, as defined in section 2(9) of the Uruguay Round Implementa-
tion 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
statute 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 Agreement on Textiles and Clothing.
SEC. 332. AMENDMENT TO SECTION 204 OF THE AGRICULTURAL 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
accounting for a significant part of world trade in the articles
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 products of countries not parties to the
agreement, or countries to which the United States does not apply
the agreement.’’.
SEC. 333. TEXTILE TRANSSHIPMENTS.
Part V of title IV of the Tariff Act of 1930 is amended by
inserting after section 592 the following:
‘‘SEC. 592A. SPECIAL PROVISIONS REGARDING CERTAIN VIOLATIONS.
‘‘(a) PUBLICATION OF NAMES OF CERTAIN VIOLATORS.—
‘‘(1) PUBLICATION.—The Secretary of the Treasury is
authorized to publish in the Federal Register a list of the
name of any producer, manufacturer, supplier, seller, exporter,
H. R. 5110—140
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 referred to
in paragraph (2). Such list shall be published not later than
March 31 and September 30 of each year.
‘‘(2) VIOLATIONS.—The violations of the customs laws
referred to in paragraph (1) are the following:
‘‘(A) Using documentation, or providing documentation
subsequently used by the importer of record, which
indicates a false or fraudulent country of origin or source
of textile or apparel products.
‘‘(B) Using counterfeit visas, licenses, permits, bills
of lading, or similar documentation, or providing counterfeit
visas, licenses, permits, bills of lading, or similar docu-
mentation that is subsequently used by the importer of
record, with respect to the entry into the customs territory
of the United States of textile or apparel products.
‘‘(C) Manufacturing, producing, supplying, or selling
textile or apparel products which are falsely or fraudulently
labelled as to country of origin or source.
‘‘(D) Engaging in practices which aid or abet the trans-
shipment, 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 voluntary restraint
agreements with respect to, imports 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 removed from such list. If the
Secretary finds that such person has not committed any viola-
tions described 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
SUBSEQUENT
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 either directly or indirectly
produced, manufactured, supplied, sold, exported, or trans-
ported by such named person to show, to the satisfaction
of the Secretary, that such importer has exercised reason-
able care to ensure that the textile or apparel products
are accompanied by documentation, packaging, and label-
ling that are accurate as to its origin. Such reasonable
H. R. 5110—141
care shall not include reliance solely on a source of informa-
tion which is the named person.
‘‘(B) FAILURE TO EXERCISE REASONABLE CARE.—If the
Customs Service determines that merchandise is not from
the country claimed on the documentation accompanying
the merchandise, the failure to exercise reasonable care
described 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 departments and agencies, is authorized
to publish a list of countries in which illegal activities have
occurred 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 subsequently demonstrates
a good faith effort to cooperate with United States authorities
in ceasing illegal activities described in the first sentence shall
be removed from the list, and such removal shall be published
in the Federal Register as soon as practicable.
‘‘(2) 
REASONABLE
CARE
REQUIRED
FOR
SUBSEQUENT
IMPORTS.—
‘‘(A) RESPONSIBILITY OF IMPORTERS OF RECORD.—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 indicated, on the documentation, packaging, or
labelling accompanying such products, to be from any coun-
try on the list published under paragraph (1) to show,
to the satisfaction of the Secretary, that such importer,
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 merchandise, the failure to exercise reasonable care
described in subparagraph (A) shall be considered when
the Customs Service determines whether the importer of
record is in violation of section 484(a).
‘‘(3) DEFINITION.—For purposes of this subsection, the term
‘country’ means a foreign country or territory, including any
overseas dependent territory 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 sub-
section (b) for determining the origin of textiles and apparel prod-
ucts. Such rules shall be promulgated in final form not later than
July 1, 1995.
(b) PRINCIPLES.—
H. R. 5110—142
(1) IN GENERAL.—Except as otherwise provided for by stat-
ute, a textile or apparel product, for purposes of the customs
laws and the administration of quantitative restrictions, origi-
nates 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 produced in that
country, territory, or possession;
(B) the product is a yarn, thread, twine, cordage, rope,
cable, or braiding and—
(i) the constituent staple fibers are spun in that
country, territory, or possession, or
(ii) the continuous filament is extruded in that
country, territory, or possession,
(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, entangled, or transformed by any other fabric-mak-
ing process in that country, territory, or possession; or
(D) the product is any other textile or apparel product
that is wholly assembled in that country, territory, or
possession from its component pieces.
(2) SPECIAL RULES.—Notwithstanding paragraph (1)(D)—
(A) the origin of a good that is classified under one
of the following HTS headings or subheadings shall be
determined under subparagraph (A), (B), or (C) of para-
graph (1), as appropriate: 5609, 5807, 5811, 6209.20.50.40,
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 posses-
sion 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 manufacturing process occurs,
or
(B) if the origin of the good cannot be determined
under subparagraph (A), the last country, territory, or
possession in which important 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—
(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 product) assem-
bled in whole of components described in subparagraph (A),
or of such components and components that are products of
H. R. 5110—143
the United States, in a beneficiary country as defined in Gen-
eral 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 country 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 administration of quantitative restrictions,
the status of goods that, under rulings and administrative
practices in effect immediately before the enactment of 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 consumption 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 contract, includ-
ing the price and quantity of the goods, are fixed and determina-
ble before July 20, 1994;
(3) a copy of the contract is filed with the Commissioner
of Customs within 60 days after the date of the enactment
of this Act, together with a certification 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 amend-
ments 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 PROCUREMENT.
(a) IN GENERAL.—Section 305(f)(2) of the Trade Agreements
Act of 1979 (19 U.S.C. 2515(f)(2)) is amended—
H. R. 5110—144
(1) in the matter preceding subparagraph (A), by striking
‘‘a year’’ and inserting ‘‘the 18 months’’,
(2) by striking ‘‘or’’ at the end of subparagraph (B),
(3) by redesignating subparagraph (C) as subparagraph
(D), and
(4) by inserting after subparagraph (B), the following new
subparagraph:
‘‘(C) the procedures result in a determination 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 amended to read as follows:
‘‘(3) SANCTIONS AFTER DISPUTE RESOLUTION FAILS.—
‘‘(A) FAILURES RESULTING IN SANCTIONS.—If—
‘‘(i) within 18 months from the date dispute settle-
ment procedures are initiated with a signatory country
pursuant to this section—
‘‘(I) such procedures are not concluded, or
‘‘(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 Agree-
ment 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 purchasing requirements granted to
the signatory country pursuant to section 301(a).
‘‘(ii) 
TIME
SANCTIONS
ARE
IMPOSED.—Any
sanction—
‘‘(I) described in clause (i)(I) shall apply from
the date that is the last day of the 18-month
period described 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.—
H. R. 5110—145
(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 Agreement;
‘‘(ii) fail to apply transparent and competitive proce-
dures to its government procurement equivalent to those
in the Agreement; and
‘‘(iii) whose products or services are acquired in signifi-
cant amounts by the United States Government; or
‘‘(E)(i) are not signatories to the Agreement;
‘‘(ii) fail to maintain and enforce effective prohibitions
on bribery and other corrupt practices in connection with
government procurement; and
‘‘(iii) whose products or services are acquired in signifi-
cant amounts by the United States Government.’’.
(2) Section 305(d)(3)(C) of the Trade Agreements 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
procurement’’.
SEC. 342. CONFORMING AMENDMENTS.
(a) WAIVER
OF DISCRIMINATORY PURCHASING REQUIREMENTS
REGARDING PURCHASES
OF CIVIL AIRCRAFT.—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 AGREEMENT.—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, paragraph 9’’
and inserting ‘‘article XIX(5)’’; and
(3) in subsection (e) by striking ‘‘date of enactment of
this Act’’ and inserting ‘‘date it enters into force with respect
to the United States’’.
(c) ANNUAL REPORT
ON FOREIGN DISCRIMINATION.—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 contents for such Act, are repealed.
(e) 
AVAILABILITY
OF
INFORMATION
TO
CONGRESSIONAL
ADVISORS.—Section 307 of the Trade Agreements 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 Agreements 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 Agree-
ments Act’’; and
(2) in paragraph (4)—
(A) in subparagraph (C) by striking ‘‘having a contract
value’’ and all that follows through the end of the subpara-
H. R. 5110—146
graph and inserting ‘‘for which the United States is obli-
gated to waive Buy National restrictions under—
‘‘(i) the Agreement on the Establishment of a Free
Trade Area between the Government of the United
States of America and the Government of Israel,
regardless of the thresholds provided for in the Agree-
ment (as defined in paragraph (1)), or
‘‘(ii) any subsequent agreement between the United
States and Israel which lowers on a reciprocal basis
the applicable threshold for entities covered by the
Agreement.’’; 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 Elec-
trification 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 eligible 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 recip-
rocal access for United States products and services and United
States suppliers to the markets of that country, as determined
by the United States Trade Representative.’’.
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 countries to become parties
to the Agreement and to provide appropriate reciprocal competi-
tive government procurement opportunities to United States
products and suppliers of such products—
‘‘(A) shall, with respect to procurement covered by the
Agreement, prohibit the procurement, 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 actions within the President’s
authority as the President deems necessary.
‘‘(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 products; or
‘‘(B) the offers of products or services of the United
States or of eligible products are insufficient to fulfill the
requirements of the United States Government.’’.
H. R. 5110—147
(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 follows:
‘‘(1) waive the prohibition required by subsection (a)(1)
on procurement of products of a foreign country or instrumen-
tality which has not yet become a party to the Agreement
but—
‘‘(A) has agreed to apply transparent and competitive
procedures to its government procurement equivalent to
those in the Agreement, and
‘‘(B) maintains and enforces effective prohibitions on
bribery and other corrupt practices in connection with its
government procurement;’’; and
(2) by adding after paragraph (3) the following:
‘‘Before exercising the waiver authority under paragraph (1), the
President shall consult with the appropriate private 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 procurement prac-
tices’’ and inserting ‘‘the practices regarding government
procurement identified 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 prac-
tices regarding government procurement identified under
subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may
be)’’.
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 Procurement referred to in section
101(d)(17) enters into force with respect to the United States.
(b) SECTION 342(g).—The amendments made by section 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 ACTIVITY.—Nothing
in this title may be construed—
‘‘(1) to prohibit a Federal agency from engaging in activity
related to standards-related measures, including any such
H. R. 5110—148
measure relating to safety, the protection of human, animal,
or plant life or health, the environment, or consumers; or
‘‘(2) to limit the authority of a Federal agency to determine
the level it considers appropriate of safety or of protection
of human, animal, or plant life or health, the environment,
or consumers.’’.
(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 inserting
‘‘conformity assessment procedure’’; and
(3) by striking ‘‘certification under that system’’ and insert-
ing ‘‘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 inserting ‘‘tech-
nical regulations, conformity assessment 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 United States in international and regional
standardizing 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 Agree-
ment on Technical Barriers to Trade referred to in section
101(d)(5) of the Uruguay 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 determine that relevant requirements
in technical regulations or standards are fulfilled.’’;
(3) in paragraph (4), by striking ‘‘certification system’’ and
inserting ‘‘conformity assessment procedure’’ each place it
occurs;
(4) so that paragraph (6)(A) reads as follows:
‘‘(A) the membership of which is open to representa-
tives, whether public or private, of the United States and
at least all Members.’’;
(5) in paragraph (7), by striking ‘‘certification system’’ and
inserting ‘‘conformity assessment procedure’’;
(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, guidelines, or characteristics for products
or related processes and production methods, with which
compliance is not mandatory. Such term may also include or
deal exclusively with terminology, symbols, packaging, marking,
H. R. 5110—149
or labeling requirements as they apply to a product, process,
or production method.’’;
(8) in paragraph (14), by striking ‘‘or any certification sys-
tem’’ and inserting ‘‘, technical regulation, or conformity assess-
ment procedure’’; and
(9) by redesignating paragraph (17) as paragraph (18) and
inserting after paragraph (16) the following:
‘‘(17) TECHNICAL REGULATION.—The term ‘technical regula-
tion’ means a document which lays down product characteristics
or their related processes and production methods, including
the applicable 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 amended by inserting
‘‘through 2001’’ after ‘‘succeeding 3-year period’’.
(g) EFFECTIVE DATE.—Title IV of the Trade Agreements Act
of 1979 (19 U.S.C. 2531 et seq.) is amended by striking sec-
tion 454.
SEC. 352. EFFECTIVE DATE.
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.
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 Agricul-
tural Adjustment Act (7 U.S.C. 624(f)), reenacted with amend-
ments by the Agricultural 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 Agricul-
tural Act of 1949 (7 U.S.C. 1444–2) is amended—
(A) in subsection (a)(5)(F)(i)—
H. R. 5110—150
(i) by striking ‘‘this section’’ and inserting ‘‘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 TREATMENT.—The quan-
tity under a special 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 Pref-
erence 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)—
(i) in the subsection heading, by striking ‘‘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 para-
graph (1)(D);
(v) by inserting after subparagraph (B) of para-
graph (1) the following:
‘‘(C) PREFERENTIAL TARIFF TREATMENT.—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 redesignated by clause
(iv)), by adding at the end the following:
‘‘(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 amended to read as follows:
‘‘(1) IN GENERAL.—Not later than 7 days after receiving
a report under subsection (c)(3) with respect 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
H. R. 5110—151
proclaim 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 determined under subsection
(b)(2)(B)) as may be necessary 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 Commissioner 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 subject 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 Rep-
resentative’’, and
(B) by striking ‘‘The Special Representative’’ and insert-
ing ‘‘The United States Trade Representative’’.
(3) Subsections (c)(3)(B) and (e) of section 702 of such
Act are each amended by striking ‘‘or quantitative limitation’’.
(4) Section 702(f) of such Act is amended—
(A) by inserting ‘‘(as in effect on the day before the
effective date of title II of the Uruguay 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.
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 commodities in the United States.
(b) INADEQUATE SUPPLY.—Where imports of an agricultural
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 natural 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
H. R. 5110—152
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 subject to a tariff-
rate quota as the Secretary considers appropriate and shall advise
the President when the domestic supply of the products and
substitutable products combined with the estimated imports of the
products under the tariff-rate quota may be inadequate to meet
domestic demand at reasonable prices.
(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 foreign embassy;
(B) is imported as a sample for taking orders, 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 subheadings
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, 1990,
to the extent that the annual quantity entered into the
customs territory from such zone does not contain a quan-
tity of sugar of nondomestic origin greater than the quan-
tity authorized by the Foreign Trade Zones Board for
processing in that zone during calendar year 1985.
(2) RECLASSIFICATION.—Subject to the consultation and lay-
over 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 modifica-
tion is necessary or appropriate to conform the tariff-rate quota
to Schedule XX as a result of a reclassification 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 determined 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—
(A) the March 24, 1994, agreement between 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 determined appropriate by the President to reflect
Schedule XX.
H. R. 5110—153
(e) CONFORMING AMENDMENTS.—
(1) SECTION 213 OF THE CARIBBEAN BASIN ECONOMIC RECOV-
ERY
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 agricultural prod-
uct subject to a tariff-rate quota that exceeds the in-quota quantity
shall be eligible for duty-free treatment under this title.’’.
(2) SECTION 204 OF THE ANDEAN TRADE PREFERENCE 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 agricultural prod-
uct subject to a tariff-rate quota that exceeds the in-quota quantity
shall be eligible for duty-free treatment under this Act.’’.
(3) GSP.—Section 503 of the Trade Act of 1974 (19 U.S.C.
2463) is amended by adding at the end the following new
subsection:
‘‘(d) TARIFF-RATE QUOTAS.—No quantity of an agricultural prod-
uct subject to a tariff-rate quota that exceeds the in-quota quantity
shall be eligible for duty-free treatment under this title.’’.
(4) GENERAL NOTE 3(a) TO THE HTS.—General Note 3(a)(iv)
to the HTS is amended by adding at the end the following:
‘‘(F) No quantity of an agricultural product that is
subject to a tariff-rate quota that exceeds the in-quota
quantity shall be eligible for duty-free treatment under
this paragraph.’’.
(5) DUTY DRAWBACK.—
(A) GENERALLY.—Section 313 of the Tariff Act of 1930
(19 U.S.C. 1313) is amended by adding at the end the
following new subsection:
‘‘(w) LIMITED APPLICABILITY FOR CERTAIN AGRICULTURAL PROD-
UCTS.—No drawback shall be available with respect to an agricul-
tural product subject to the over-quota rate of duty established
under a tariff-rate quota, except pursuant to subsection (j)(1).’’.
(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 AUTHORITY.
(a) DETERMINATION OF TRIGGER LEVELS.—Consistent with Arti-
cle 5 as determined by the President, the President shall cause
to be published in the Federal Register—
(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—
(A) the trigger level specified in subparagraph 1(a)
of Article 5, on an annual basis;
H. R. 5110—154
(B) the trigger price specified in subparagraph 1(b)
of Article 5; and
(C) the relevant period.
(b) DETERMINATION
OF SAFEGUARD.—If the President deter-
mines with respect to a special safeguard agricultural good that
it is appropriate to impose—
(1) the price-based safeguard in accordance with subpara-
graph 1(a) of Article 5; or
(2) the volume-based safeguard in accordance with subpara-
graph 1(b) of Article 5,
the President shall, consistent with Article 5 as determined 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 withdrawn from warehouse, for
consumption in the United States in accordance with a determina-
tion 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 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 President may
exempt from any duty imposed under this section any good originat-
ing in a NAFTA country (as determined in accordance with section
202 of the North American 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 safe-
guard 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 period determined
by the President to be applicable to a special safeguard agricul-
tural good for purposes of applying this section; and
(3) the term ‘‘special safeguard agricultural good’’ means
an agricultural good on which an additional 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 Amendments of 1994’’.
(2) TITLE
HEADING.—Title III of the Agricultural Trade
Act of 1978 (7 U.S.C. 5651 et seq.) is amended by striking
the title heading and inserting the following:
H. R. 5110—155
‘‘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 Corporation shall
carry out an export enhancement program in accordance with this
section to encourage the commercial sale of United States agricul-
tural commodities in world markets at competitive prices. The
program shall be carried out in a market sensitive manner. Activi-
ties under 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 OBLIGATIONS.—Not-
withstanding any other provision of this section, 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.—Subsection (a) of sec-
tion 1163 of the Food Security Act of 1985 (Public Law 99–198;
7 U.S.C. 1731 note) is amended 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 allocated as determined by the
Secretary, consistent with the obligations undertaken by the United
States set forth in the Uruguay Round Agreements, if the disposi-
tion of the commodities will not interfere with the usual marketings
of the United States nor disrupt world prices of agricultural
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 inserting ‘‘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 subparagraph (C); and
(C) by redesignating subparagraph (E) as subpara-
graph (D).
(e) FOOD AID.—
H. R. 5110—156
(1) POLICY.—In light of the Uruguay Round Agreement
on Agriculture and the Ministerial Decision on Measures
Concerning the Possible Negative Effects of the Reform Pro-
gram 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 consultations with
other donor nations to consider appropriate levels of food
aid commitments to meet the legitimate needs of developing
countries; and
(B) the United States should increase its contribution
of bona fide food assistance to developing countries consist-
ent with the Agreement 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 RELATED AGEN-
CIES APPROPRIATIONS ACT, 1984.—Section 625(A) of the Agriculture,
Rural Development, and Related 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 ARTICLE 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 following new subsection:
‘‘(g) EFFECTIVE DATE.—This section shall be effective only for
calendar year 1994.’’.
(b) BUDGET DEFICIT ASSESSMENT.—
(1) IMPORTER ASSESSMENTS.—Section 106(g) of the Agricul-
tural Act of 1949 (7 U.S.C. 1445(g)) is amended—
(A) by striking paragraph (1) and inserting the follow-
ing new paragraph:
‘‘(1) Effective only for each of the 1994 through 1998 crops
of tobacco for which price support 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
Commodity Credit Corporation a nonrefundable marketing
assessment in an amount equal to—
‘‘(A) in the case of a producer or purchaser of domestic
tobacco, .5 percent of the national price support level for
each such crop; and
H. R. 5110—157
‘‘(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 ‘‘assessments and
purchaser’’ and inserting ‘‘, purchaser, and importer’’.
(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 applica-
tion 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 agreement
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 
inserting
‘‘PRODUCTS.—
‘‘(1) IN GENERAL.—No’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) APPLICATION
TO
TOBACCO.—Notwithstanding para-
graph (1), drawback shall also be available pursuant to sub-
section (a) with respect to any tobacco subject to the
over-quota rate of duty established under a tariff-rate quota.’’.
(e) EFFECTIVE DATE.—This section and the amendments made
by this section shall be effective beginning on the effective date
of the Presidential proclamation, authorized 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, wrapper 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 obligations under the Uruguay Round
Agreements with respect to dairy and poultry products and with
its related obligations under the North American Free Trade
Agreement.
SEC. 425. STUDY OF MILK MARKETING ORDER SYSTEM.
The Secretary of Agriculture shall conduct a study to determine
the effects of the Uruguay Round Agreements 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
H. R. 5110—158
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 determined by
the President, with the obligations undertaken 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 available
under subsection (b) for authorized export promotion, foreign mar-
ket development, export credit financing, and promoting the devel-
opment, commercialization, and marketing of products resulting
from alternative uses of agricultural 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 savings; and
(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 information cen-
ter 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 measure of general
application, including any inspection procedure or approval
procedure proposed, adopted, or maintained by a Federal
agency or agency of a State or local government;
‘‘(B) the procedures of a Federal agency or an agency
of a State or local government for risk assessment and
factors the agency considers in conducting the assessment;
‘‘(C) the determination of the levels of protection that
a Federal agency or an agency of a State or local govern-
ment considers appropriate; and
‘‘(D) the membership and participation of the Federal
Government and State and local governments in inter-
national and regional sanitary and phytosanitary organiza-
tions and systems, and in bilateral and multilateral
arrangements regarding sanitary and phytosanitary meas-
ures, 
and 
the 
provisions 
of 
those 
systems 
and
arrangements.
‘‘(2) DEFINITIONS.—The definitions in section 463 apply for
purposes of this subsection.’’.
H. R. 5110—159
(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:
‘‘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 move-
ment is made in accordance with such regulations as the Secretary
may promulgate to prevent the dissemination into the United
States, or interstate, of plant pests.
‘‘(b) REGULATIONS.—The regulations promulgated by the Sec-
retary to implement subsection (a) may include regulations requir-
ing 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 inspection 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 containing any
plant pest, whether sealed as letter-rate postal matter or not, is
nonmailable, and shall not knowingly be 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 sub-
sections (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 moving from any
foreign country into or through the United States;
unless the movement is made in accordance with such regulations
as the Secretary of Agriculture may promulgate to prevent dissemi-
nation into the United States of plant pests, plant diseases, or
insect pests.
‘‘(b) REGULATIONS.—The regulations promulgated by the Sec-
retary of Agriculture to implement subsection (a) may include regu-
lations requiring that nursery stock moving into or through the
United States—
‘‘(1) be accompanied by a permit issued by the Secretary
of Agriculture prior to the movement of the nursery stock;
H. R. 5110—160
‘‘(2) be accompanied by a certificate of inspection 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 conditions 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
(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 procedures set forth in such regulations as the Secretary
may promulgate, as exempt from the requirements of this sec-
tion.’’.
(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 harm-
ful to honeybees, the introduction of genetically undesirable germ
plasm of honeybees, or the introduction and spread of undesirable
species or subspecies of honeybees and the semen of honeybees.
‘‘(b) REGULATIONS.—The Secretary of Agriculture and the Sec-
retary of the Treasury are each authorized to prescribe such regula-
tions as the respective Secretary determines necessary to carry
out this section.
‘‘(c) ENFORCEMENT.—Honeybees or honeybee semen offered for
importation into, intercepted entering, or having entered the United
States, other than in accordance with regulations promulgated by
the Secretary of Agriculture and the Secretary of the Treasury,
shall be destroyed 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.—Section 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 Secretary into or through the
United States or move any noxious weed interstate, unless the
movement is in accordance with such conditions as the Secretary
may prescribe by regulation under this Act to prevent the dissemi-
nation into the United States, or interstate, of such noxious weeds.
‘‘(b) The regulations prescribed by the Secretary to implement
subsection (a) may include regulations requiring that any noxious
weed imported or entered into the United States or moving inter-
H. R. 5110—161
state 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 regula-
tion 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 sec-
tion, or any provision of sections 7 through 10 or any regulation
promulgated by the Secretary pursuant to such sections, shall
be fined 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 exceeding $1,000. The Sec-
retary 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 inserting ‘‘The’’;
(B) in the first sentence, by striking ‘‘shall cause careful
inspection to be made by a suitable 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 ‘‘the Secretary may
prohibit or restrict their placement’’; and
(2) by striking subsection (b).
(j) INTERNATIONAL ANIMAL QUARANTINE STATION.—The 6th sen-
tence 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 follows:
‘‘(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—
H. R. 5110—162
‘‘(A) be subject to inspection, sanitary, quality, species ver-
ification, 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
(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 country described in paragraph
(1) if the exporting country provides the Secretary with scientific
evidence or other information, in accordance with risk assessment
methodologies 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 stand-
ard. For the purposes of this subsection, the term ‘sanitary protec-
tion’ means protection to safeguard public health.’’;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subpara-
graph (B).
(l) FEDERAL MEAT INSPECTION ACT.—Section 20(e) of the Fed-
eral 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 foreign plants
exporting carcasses or meat or meat products referred to in
subsection (a) have complied with requirements that achieve
a level of sanitary protection equivalent to that achieved under
United States requirements with regard to all inspection, build-
ing construction standards, and all other provisions of this
Act and regulations issued under this Act.
‘‘(B) The Secretary may treat as equivalent to a United
States requirement a requirement described in subparagraph
(A) if the exporting country provides the Secretary with sci-
entific evidence or other information, in accordance with risk
assessment methodologies determined appropriate by the Sec-
retary, to demonstrate that the requirement achieves the level
of sanitary protection achieved under the United States require-
ment. For the purposes of this subsection, the term ‘sanitary
protection’ means protection to safeguard public health.’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (7) as para-
graphs (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:
‘‘Subtitle F—International Standard-
Setting Activities
‘‘SEC. 491. NOTICE OF UNITED STATES PARTICIPATION IN INTER-
NATIONAL STANDARD-SETTING ACTIVITIES.
‘‘(a) IN GENERAL.—The President shall designate an agency
to be responsible for informing the public of the sanitary and
H. R. 5110—163
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 respect to each inter-
national standard-setting organization shall publish notice in the
Federal Register of the information specified in subsection (c) with
respect to that organization. The notice shall cover the period
ending on June 1 of the year in which the notice is published,
and beginning 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 consid-
eration or planned for consideration by that organization;
‘‘(2) for each sanitary or phytosanitary standard specified
in paragraph (1)—
‘‘(A) a description of the consideration or planned
consideration of the standard;
‘‘(B) whether the United States is participating or plans
to participate in the consideration of the standard;
‘‘(C) the agenda for the United States participation,
if any; and
‘‘(D) the agency responsible for representing the United
States with respect to the standard.
‘‘(d) PUBLIC COMMENT.—The agency specified in subsection
(c)(2)(D) shall provide an opportunity for public comment with
respect to the standards for which the agency is responsible and
shall take the comments into account in participating in the consid-
eration of the standards and in proposing matters to be considered
by the organization.
‘‘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 measure established under the author-
ity of Federal law unless the agency determines that the sanitary
or phytosanitary 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 Commis-
sioner shall issue a proposed regulation to incorporate such deter-
mination 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.
H. R. 5110—164
‘‘(c) NOTICE.—If the Commissioner proposes to issue a deter-
mination of the equivalency of a sanitary or phytosanitary measure
of a foreign country to a sanitary or phystosanitary measure of
the Food and Drug Administration that is not required to be promul-
gated as a rule under the Federal Food, Drug, and Cosmetic Act
or other statute administered by the Food and Drug Administration,
the Commissioner shall publish a notice in the Federal Register
that identifies the basis for the determination that the measure
provides at least the same level of sanitary or phytosanitary protec-
tion as the comparable Federal sanitary or phytosanitary measure.
The Commissioner 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 depart-
ment or agency (or combination of Federal departments or
agencies).
‘‘(2) COMMISSIONER.—The term ‘Commissioner’ means the
Commissioner of Food and Drugs.
‘‘(3) INTERNATIONAL
STANDARD-SETTING
ORGANIZATION.—
The term ‘international standard-setting organization’ means
an organization consisting of representatives of 2 or more coun-
tries, the purpose of which is to negotiate, develop, promulgate,
or amend an international standard.
‘‘(4) SANITARY
OR
PHYTOSANITARY
STANDARD.—The term
‘sanitary or phytosanitary standard’ 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 regarding 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 aus-
pices of the Secretariat of the International Plant Protec-
tion Convention in cooperation with the North American
Plant Protection Organization; or
‘‘(D) established by or developed under any other inter-
national organization agreed to by the NAFTA countries
(as defined in section 2(4) of the North American Free
Trade Agreement 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 country, any reference in such
paragraph to the United States shall be deemed to be a reference
to that foreign country.’’.
H. R. 5110—165
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
(D) by redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively;
(2) in section 302 (7 U.S.C. 1582)—
(A) in subsection (a), by striking ‘‘staining,’’ 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 AGRICUL-
TURAL USE.
‘‘Whenever the Secretary of Agriculture, after a public hearing,
determines that seed of alfalfa or red clover from any foreign
country is not adapted for general agricultural use in the United
States, the Secretary shall publish the determination and the rea-
sons for the determination.’’; 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 para-
graph (3) and inserting a period; and
(iii) by striking paragraphs (4) through (7);
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (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 meaning 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 Agree-
ments Act.
H. R. 5110—166
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.
SEC. 512. CIVIL PENALTIES FOR UNAUTHORIZED FIXATION OF AND
TRAFFICKING IN SOUND RECORDINGS AND MUSIC VID-
EOS 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 videos.
‘‘§ 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 performance 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 paragraph (1), regardless of whether the
fixations occurred in the United States,
shall be subject to the remedies provided in sections 502 through
505, to the same extent as an infringer of copyright.
‘‘(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, transfer, 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 chapters for title
17, United States Code, is amended by adding at the end the
following:
‘‘11. Sound Recordings and Music Videos .................................................... 1101’’.
SEC. 513. CRIMINAL PENALTIES FOR UNAUTHORIZED FIXATION OF
AND TRAFFICKING IN SOUND RECORDINGS AND MUSIC
VIDEOS OR LIVE MUSICAL PERFORMANCES.
(a) IN GENERAL.—Chapter 113 of title 18, United States Code,
is amended by inserting after section 2319 the following:
H. R. 5110—167
‘‘§ 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 purposes 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 performance 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 paragraph (1), regardless of whether the
fixations occurred in the United States;
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 imprisoned for not more than 10
years or fined in the amount set forth in this title, or both.
‘‘(b) FORFEITURE AND DESTRUCTION.—When a person is con-
victed 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 forfeiture 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 per-
former or performers involved, 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 Agreements Act,
issue regulations to carry out this subsection, including regulations
by which any performer may, upon payment of a specified fee,
be entitled to notification by the United States Customs Service
of the importation 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 other-
wise dispose of, to another, as consideration for anything of
value, or make or obtain control of with intent to transport,
transfer, or dispose of.
‘‘(e) 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.’’.
H. R. 5110—168
(b) CONFORMING AMENDMENT.—The table of sections 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 vid-
eos of live musical performances.’’.
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 restored 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 instrumentality thereof, is not a restored work.
‘‘(b) OWNERSHIP OF RESTORED COPYRIGHT.—A restored 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 COPY-
RIGHT AGAINST RELIANCE PARTIES.—On or after the date of restora-
tion, 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 RESTORED 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 restora-
tion of a restored copyright with respect to an act of infringe-
ment of the restored copyright that is commenced on or after
the date of restoration.
‘‘(2) ENFORCEMENT OF COPYRIGHT IN RESTORED WORKS AS
AGAINST RELIANCE PARTIES.—As against a reliance party, except
to the extent provided in paragraphs (3) and (4), the remedies
provided 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 copyright (or such
owner’s agent) or the owner of an exclusive right therein
H. R. 5110—169
(or such owner’s agent) files with the Copyright Office,
during the 24-month period beginning on the date of res-
toration, a notice of intent to enforce the restored 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
occurring after the end of that 12-month period; or
‘‘(III) copies or phonorecords of a work in which copy-
right has been restored under this section are made after
publication of the notice of intent in the Federal Register.
‘‘(B)(i) The owner of the restored copyright (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
occurring after the end of that 12-month period; or
‘‘(III) copies or phonorecords of a work in which copy-
right has been restored under this section are made after
receipt of the notice of intent.
In the event that notice is provided under both subparagraphs
(A) and (B), the 12-month period referred to in such subpara-
graphs shall run from the earlier of publication or service
of notice.
‘‘(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 deriva-
tive work is an eligible country on such date, or
‘‘(ii) before the date of adherence or proclamation, 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 reliance party pays
to the owner of the restored copyright 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 potential 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 contribu-
tions of expression of the author of the restored work and
the reliance party to the derivative work.
H. R. 5110—170
‘‘(4) COMMENCEMENT OF INFRINGEMENT FOR RELIANCE PAR-
TIES.—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 copyright 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) (here-
after 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 English 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 telephone
number at which the owner may be contacted. If the notice
is signed by an agent, the agency relationship must have been
constituted in a writing signed by the owner before the filing
of the notice. The Copyright Office may specifically require
in regulations other information to be included in the notice,
but failure to provide such other information shall not invali-
date the notice or be a basis for refusal to list the restored
work in the Federal Register.
‘‘(ii) If a work in which copyright is restored has no formal
title, it shall be described in the notice of intent in detail
sufficient to identify it.
‘‘(iii) Minor errors or omissions may be corrected by further
notice at any time after the notice of intent is filed. Notices
of corrections for such minor errors or omissions shall be
accepted after the period established in subsection (d)(2)(A)(i).
Notices shall be published in the Federal Register pursuant
to subparagraph (B).
‘‘(B)(i) The Register of Copyrights shall publish in the Fed-
eral Register, commencing not later than 4 months after the
date of restoration for a particular nation and every 4 months
thereafter for a period of 2 years, lists identifying restored
works and the ownership thereof if a notice of intent to enforce
a restored copyright has been filed.
‘‘(ii) Not less than 1 list containing all notices of intent
to enforce shall be maintained in the Public Information Office
of the Copyright Office and shall be available for public inspec-
tion and copying during regular business hours pursuant to
sections 705 and 708. Such list shall also be published in
the Federal Register on an annual basis for the first 2 years
after the applicable date of restoration.
‘‘(C) The Register of Copyrights is authorized to fix reason-
able fees based on the costs of receipt, processing, recording,
and publication of notices of intent to enforce a restored copy-
right and corrections thereto.
‘‘(D)(i) Not later than 90 days before the date the Agree-
ment on Trade-Related Aspects of Intellectual Property referred
to in section 101(d)(15) of the Uruguay Round Agreements
Act enters into force with respect to the United States, the
Copyright Office shall issue and publish in the Federal Register
H. R. 5110—171
regulations governing the filing under this subsection of notices
of intent to enforce a restored copyright.
‘‘(ii) Such regulations shall permit owners of restored copy-
rights to file simultaneously for registration of the restored
copyright.
‘‘(2) NOTICES OF INTENT SERVED ON A RELIANCE PARTY.—
(A) Notices of intent to enforce a restored copyright may be
served on a reliance party at any time after the date of restora-
tion of the restored copyright.
‘‘(B) Notices of intent to enforce a restored copyright served
on a reliance party shall be signed by the owner or the owner’s
agent, shall identify the restored work and the work in which
the restored work is used, if any, in detail sufficient to identify
them, and shall include an English translation of the title,
any other alternative titles known to the owner by which the
work may be identified, the use or uses to which the owner
objects, and an address and telephone number at which the
reliance party may contact the owner. If the notice is signed
by an agent, the agency relationship must have been constituted
in writing and signed by the owner before service of the notice.
‘‘(3) EFFECT OF MATERIAL FALSE STATEMENTS.—Any mate-
rial false statement knowingly made with respect to any
restored copyright identified in any notice of intent shall make
void all claims and assertions made with respect to such
restored copyright.
‘‘(f) IMMUNITY FROM WARRANTY AND RELATED LIABILITY.—
‘‘(1) IN
GENERAL.—Any person who warrants, promises,
or guarantees that a work does not violate an exclusive right
granted in section 106 shall not be liable for legal, equitable,
arbitral, or administrative relief if the warranty, promise, or
guarantee is breached by virtue of the restoration of copyright
under this section, if such warranty, promise, or guarantee
is made before January 1, 1995.
‘‘(2) PERFORMANCES.—No person shall be required to per-
form any act if such performance is made infringing by virtue
of the restoration of copyright under the provisions of this
section, if the obligation to perform was undertaken before
January 1, 1995.
‘‘(g) PROCLAMATION
OF COPYRIGHT RESTORATION.—Whenever
the President finds that a particular foreign nation extends, to
works by authors who are nationals or domiciliaries of the United
States, restored copyright protection on substantially the same basis
as provided under this section, the President may by proclamation
extend restored protection provided under this section to any work—
‘‘(1) of which one or more of the authors is, on the date
of first publication, a national, domiciliary, or sovereign author-
ity of that nation; or
‘‘(2) which was first published in that nation.
The President may revise, suspend, or revoke any such proclamation
or impose any conditions or limitations on protection under such
a proclamation.
‘‘(h) DEFINITIONS.—For purposes of this section and section
109(a):
‘‘(1) The term ‘date of adherence or proclamation’ means
the earlier of the date on which a foreign nation which, as
of the date the WTO Agreement enters into force with respect
H. R. 5110—172
to the United States, is not a nation adhering to the Berne
Convention or a WTO member country, becomes—
‘‘(A) a nation adhering to the Berne Convention or
a WTO member country; or
‘‘(B) subject to a Presidential proclamation under sub-
section (g).
‘‘(2) The ‘date of restoration’ of a restored copyright is
the later of—
‘‘(A) the date on which the Agreement on Trade-Related
Aspects of Intellectual Property referred to in section
101(d)(15) of the Uruguay Round Agreements Act enters
into force with respect to the United States, if the source
country of the restored work is a nation adhering to the
Berne Convention or a WTO member country on such
date; or
‘‘(B) the date of adherence or proclamation, in the
case of any other source country of the restored work.
‘‘(3) The term ‘eligible country’ means a nation, other than
the United States, that is a WTO member country, adheres
to the Berne Convention, or is subject to a proclamation under
section 104A(g).
‘‘(4) The term ‘reliance party’ means any person who—
‘‘(A) with respect to a particular work, engages in acts,
before the source country of that work becomes an eligible
country, which would have violated section 106 if the
restored work had been subject to copyright protection,
and who, after the source country becomes an eligible coun-
try, continues to engage in such acts;
‘‘(B) before the source country of a particular work
becomes an eligible country, makes or acquires 1 or more
copies or phonorecords of that work; or
‘‘(C) as the result of the sale or other disposition of
a derivative work covered under subsection (d)(3), or signifi-
cant assets of a person described in subparagraph (A) or
(B), is a successor, assignee, or licensee of that person.
‘‘(5) The term ‘restored copyright’ means copyright in a
restored work under this section.
‘‘(6) The term ‘restored work’ means an original work of
authorship that—
‘‘(A) is protected under subsection (a);
‘‘(B) is not in the public domain in its source country
through expiration of term of protection;
‘‘(C) is in the public domain in the United States due
to—
‘‘(i) noncompliance with formalities imposed at any
time by United States copyright law, including failure
of renewal, lack of proper notice, or failure to comply
with any manufacturing requirements;
‘‘(ii) lack of subject matter protection in the case
of sound recordings fixed before February 15, 1972;
or
‘‘(iii) lack of national eligibility; and
‘‘(D) has at least one author or rightholder who was,
at the time the work was created, a national or domiciliary
of an eligible country, and if published, was first published
in an eligible country and not published in the United
H. R. 5110—173
States during the 30-day period following publication in
such eligible country.
‘‘(7) The term ‘rightholder’ means the person—
‘‘(A) who, with respect to a sound recording, first fixes
a sound recording with authorization, or
‘‘(B) who has acquired rights from the person described
in subparagraph (A) by means of any conveyance or by
operation of law.
‘‘(8) The ‘source country’ of a restored work is—
‘‘(A) a nation other than the United States;
‘‘(B) in the case of an unpublished work—
‘‘(i) the eligible country in which the author or
rightholder is a national or domiciliary, or, if a restored
work has more than 1 author or rightholder, the major-
ity of foreign authors or rightholders are nationals
or domiciliaries of eligible countries; or
‘‘(ii) if the majority of authors or rightholders are
not foreign, the nation other than the United States
which has the most significant contacts with the work;
and
‘‘(C) in the case of a published work—
‘‘(i) the eligible country in which the work is first
published, or
‘‘(ii) if the restored work is published on the same
day in 2 or more eligible countries, the eligible country
which has the most significant contacts with the work.
‘‘(9) The terms ‘WTO Agreement’ and ‘WTO member coun-
try’ have the meanings given those terms in paragraphs (9)
and (10), respectively, of section 2 of the Uruguay Round Agree-
ments Act.’’.
(b) LIMITATION.—Section 109(a) of title 17, United States Code,
is amended by adding at the end the following: ‘‘Notwithstanding
the preceding sentence, copies or phonorecords of works subject
to restored copyright under section 104A that are manufactured
before the date of restoration of copyright or, with respect to reliance
parties, before publication or service of notice under section 104A(e),
may be sold or otherwise disposed of without the authorization
of the owner of the restored copyright for purposes of direct or
indirect commercial advantage only during the 12-month period
beginning on—
‘‘(1) the date of the publication in the Federal Register
of the notice of intent filed with the Copyright Office under
section 104A(d)(2)(A), or
‘‘(2) the date of the receipt of actual notice served under
section 104A(d)(2)(B),
whichever occurs first.’’.
(c) CONFORMING AMENDMENT.—The item relating to section
104A in the table of sections for chapter 1 of title 17, United
States Code, is amended to read as follows:
‘‘104A. Copyright in restored works.’’.
Subtitle B—Trademark Provisions
SEC. 521. DEFINITION OF ‘‘ABANDONED’’.
Section 45 of the Act entitled ‘‘An Act to provide for the registra-
tion and protection of trade-marks used in commerce, to carry
H. R. 5110—174
out the provisions of certain international conventions, and for
other purposes’’, approved July 5, 1946 (15 U.S.C. 1127) (hereafter
in this title referred to as the ‘‘Trademark Act of 1946’’), is amended
by amending the paragraph defining ‘‘abandoned’’ to read as follows:
‘‘A mark shall be deemed to be ‘abandoned’ if either of the
following occurs:
‘‘(1) When its use has been discontinued with intent not
to resume such use. Intent not to resume may be inferred
from circumstances. Nonuse for 3 consecutive years shall be
prima facie evidence of abandonment. ‘Use’ of a mark means
the bona fide use of such mark made in the ordinary course
of trade, and not made merely to reserve a right in a mark.
‘‘(2) When any course of conduct of the owner, including
acts of omission as well as commission, causes the mark to
become the generic name for the goods or services on or in
connection with which it is used or otherwise to lose its signifi-
cance as a mark. Purchaser motivation shall not be a test
for determining abandonment under this paragraph.’’.
SEC. 522. NONREGISTRABILITY 
OF 
MISLEADING 
GEOGRAPHIC
INDICATIONS FOR WINES AND SPIRITS.
Subsection (a) of section 2 of the Trademark Act of 1946 (15
U.S.C. 1052(a)) is amended to read as follows:
‘‘(a) Consists of or comprises immoral, deceptive, or scandalous
matter; or matter which may disparage or falsely suggest a connec-
tion with persons, living or dead, institutions, beliefs, or national
symbols, or bring them into contempt, or disrepute; or a geographi-
cal indication which, when used on or in connection with wines
or spirits, identifies a place other than the origin of the goods
and is first used on or in connection with wines or spirits by
the applicant on or after one year after the date on which the
WTO Agreement (as defined in section 2(9) of the Uruguay Round
Agreements Act) enters into force with respect to the United
States.’’.
SEC. 523. EFFECTIVE DATE.
The amendments made by this subtitle take effect one year
after the date on which the WTO Agreement enters into force
with respect to the United States.
Subtitle C—Patent Provisions
SEC. 531. TREATMENT OF INVENTIVE ACTIVITY.
(a) IN GENERAL.—Section 104 of title 35, United States Code,
is amended to read as follows:
‘‘§ 104. Invention made abroad
‘‘(a) IN GENERAL.—
‘‘(1) PROCEEDINGS.—In proceedings in the Patent and
Trademark Office, in the courts, and before any other competent
authority, an applicant for a patent, or a patentee, may not
establish a date of invention by reference to knowledge or
use thereof, or other activity with respect thereto, in a foreign
country other than a NAFTA country or a WTO member coun-
try, except as provided in sections 119 and 365 of this title.
‘‘(2) RIGHTS.—If an invention was made by a person, civil
or military—
H. R. 5110—175
‘‘(A) while domiciled in the United States, and serving
in any other country in connection with operations by or
on behalf of the United States,
‘‘(B) while domiciled in a NAFTA country and serving
in another country in connection with operations by or
on behalf of that NAFTA country, or
‘‘(C) while domiciled in a WTO member country and
serving in another country in connection with operations
by or on behalf of that WTO member country,
that person shall be entitled to the same rights of priority
in the United States with respect to such invention as if such
invention had been made in the United States, that NAFTA
country, or that WTO member country, as the case may be.
‘‘(3) USE OF INFORMATION.—To the extent that any informa-
tion in a NAFTA country or a WTO member country concerning
knowledge, use, or other activity relevant to proving or disprov-
ing a date of invention has not been made available for use
in a proceeding in the Patent and Trademark Office, a court,
or any other competent authority to the same extent as such
information could be made available in the United States,
the Commissioner, court, or such other authority shall draw
appropriate inferences, or take other action permitted by stat-
ute, rule, or regulation, in favor of the party that requested
the information in the proceeding.
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘NAFTA country’ has the meaning given
that term in section 2(4) of the North American Free Trade
Agreement Implementation Act; and
‘‘(2) the term ‘WTO member country’ has the meaning
given that term in section 2(10) of the Uruguay Round Agree-
ments Act.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendment made by this section shall apply to all patent
applications that are filed on or after the date that is 12
months after the date of entry into force of the WTO Agreement
with respect to the United States.
(2) ESTABLISHMENT OF DATE.—An applicant for a patent,
or a patentee, may not establish a date of invention for purposes
of title 35, United States Code, that is earlier than 12 months
after the date of entry into force of the WTO Agreement with
respect to the United States by reference to knowledge or
use, or other activity, in a WTO member country, except as
provided in sections 119 and 365 of such title.
SEC. 532. PATENT TERM AND INTERNAL PRIORITY.
(a) PATENT RIGHTS.—
(1) CONTENTS AND TERM OF PATENT.—Section 154 of title
35, United States Code, is amended to read as follows:
‘‘§ 154. Contents and term of patent
‘‘(a) IN GENERAL.—
‘‘(1) CONTENTS.—Every patent shall contain a short title
of the invention and a grant to the patentee, his heirs or
assigns, of the right to exclude others from making, using,
offering for sale, or selling the invention throughout the United
States or importing the invention into the United States, and,
H. R. 5110—176
if the invention is a process, of the right to exclude others
from using, offering for sale or selling throughout the United
States, or importing into the United States, products made
by that process, referring to the specification for the particulars
thereof.
‘‘(2) TERM.—Subject to the payment of fees under this title,
such grant shall be for a term beginning on the date on which
the patent issues and ending 20 years from the date on which
the application for the patent was filed in the United States
or, if the application contains a specific reference to an earlier
filed application or applications under section 120, 121, or
365(c) of this title, from the date on which the earliest such
application was filed.
‘‘(3) PRIORITY.—Priority under section 119, 365(a), or 365(b)
of this title shall not be taken into account in determining
the term of a patent.
‘‘(4) SPECIFICATION AND DRAWING.—A copy of the specifica-
tion and drawing shall be annexed to the patent and be a
part of such patent.
‘‘(b) TERM EXTENSION.—
‘‘(1) INTERFERENCE DELAY OR SECRECY ORDERS.—If the issue
of an original patent is delayed due to a proceeding under
section 135(a) of this title, or because the application for patent
is placed under an order pursuant to section 181 of this title,
the term of the patent shall be extended for the period of
delay, but in no case more than 5 years.
‘‘(2) EXTENSION FOR APPELLATE REVIEW.—If the issue of
a patent is delayed due to appellate review by the Board
of Patent Appeals and Interferences or by a Federal court
and the patent is issued pursuant to a decision in the review
reversing an adverse determination of patentability, the term
of the patent shall be extended for a period of time but in
no case more than 5 years. A patent shall not be eligible
for extension under this paragraph if it is subject to a terminal
disclaimer due to the issue of another patent claiming subject
matter that is not patentably distinct from that under appellate
review.
‘‘(3) LIMITATIONS.—The period of extension referred to in
paragraph (2)—
‘‘(A) shall include any period beginning on the date
on which an appeal is filed under section 134 or 141 of
this title, or on which an action is commenced under section
145 of this title, and ending on the date of a final decision
in favor of the applicant;
‘‘(B) shall be reduced by any time attributable to appel-
late review before the expiration of 3 years from the filing
date of the application for patent; and
‘‘(C) shall be reduced for the period of time during
which the applicant for patent did not act with due dili-
gence, as determined by the Commissioner.
‘‘(4) LENGTH OF EXTENSION.—The total duration of all exten-
sions of a patent under this subsection shall not exceed 5
years.
‘‘(c) CONTINUATION.—
‘‘(1) DETERMINATION.—The term of a patent that is in force
on or that results from an application filed before the date
that is 6 months after the date of the enactment of the Uruguay
H. R. 5110—177
Round Agreements Act shall be the greater of the 20-year
term as provided in subsection (a), or 17 years from grant,
subject to any terminal disclaimers.
‘‘(2) REMEDIES.—The remedies of sections 283, 284, and
285 of this title shall not apply to Acts which—
‘‘(A) were commenced or for which substantial invest-
ment was made before the date that is 6 months after
the date of the enactment of the Uruguay Round Agree-
ments Act; and
‘‘(B) became infringing by reason of paragraph (1).
‘‘(3) REMUNERATION.—The acts referred to in paragraph
(2) may be continued only upon the payment of an equitable
remuneration to the patentee that is determined in an action
brought under chapter 28 and chapter 29 (other than those
provisions excluded by paragraph (2)) of this title.’’.
(2) PROVISION OF FURTHER LIMITED REEXAMINATION AND
CONDITIONS OF RESTRICTION REQUIREMENTS.—(A) The Commis-
sioner of Patents and Trademarks shall prescribe regulations
to provide for further limited reexamination of applications
that have been pending for 2 years or longer as of the effective
date of section 154(a)(2) of title 35, United States Code, as
added by paragraph (1) of this subsection, taking into account
any reference made in such application to any earlier filed
application under section 120, 121, or 365(c) of such title.
The Commissioner may establish appropriate fees for such fur-
ther limited reexamination.
(B) The Commissioner of Patents and Trademarks shall
prescribe regulations to provide for the examination of more
than 1 independent and distinct invention in an application
that has been pending for 3 years or longer as of the effective
date of section 154(a)(2) of title 35, United States Code, as
added by paragraph (1) of this subsection, taking into account
any reference made in such application to any earlier filed
application under section 120, 121, or 365(c) of such title.
The Commissioner may establish appropriate fees for such
examination.
(b) ESTABLISHMENT OF A DOMESTIC PRIORITY SYSTEM.—
(1) IN GENERAL.—Section 119 of title 35, United States
Code, is amended—
(A) by amending the section caption to read as follows:
‘‘§ 119. Benefit of earlier filing date; right of priority’’;
(B) by designating the undesignated paragraphs as
subsections (a), (b), (c), and (d), respectively; and
(C) by adding at the end the following:
‘‘(e)(1) An application for patent filed under section 111(a) or
section 363 of this title for an invention disclosed in the manner
provided by the first paragraph of section 112 of this title in
a provisional application filed under section 111(b) of this title,
by an inventor or inventors named in the provisional application,
shall have the same effect, as to such invention, as though filed
on the date of the provisional application filed under section 111(b)
of this title, if the application for patent filed under section 111(a)
or section 363 of this title is filed not later than 12 months after
the date on which the provisional application was filed and if
it contains or is amended to contain a specific reference to the
provisional application.
H. R. 5110—178
‘‘(2) A provisional application filed under section 111(b) of this
title may not be relied upon in any proceeding in the Patent
and Trademark Office unless the fee set forth in subparagraph
(A) or (C) of section 41(a)(1) of this title has been paid and the
provisional application was pending on the filing date of the applica-
tion for patent under section 111(a) or section 363 of this title.’’.
(2) FEES.—Section 41(a)(1) of title 35, United States Code,
is amended by adding at the end the following:
‘‘(C) On filing each provisional application for an original
patent, $150.’’.
(3) APPLICATIONS.—Section 111 of title 35, United States
Code, is amended to read as follows:
‘‘§ 111. Application
‘‘(a) IN GENERAL.—
‘‘(1) WRITTEN APPLICATION.—An application for patent shall
be made, or authorized to be made, by the inventor, except
as otherwise provided in this title, in writing to the
Commissioner.
‘‘(2) CONTENTS.—Such application shall include—
‘‘(A) a specification as prescribed by section 112 of
this title;
‘‘(B) a drawing as prescribed by section 113 of this
title; and
‘‘(C) an oath by the applicant as prescribed by section
115 of this title.
‘‘(3) FEE AND OATH.—The application must be accompanied
by the fee required by law. The fee and oath may be submitted
after the specification and any required drawing are submitted,
within such period and under such conditions, including the
payment of a surcharge, as may be prescribed by the Commis-
sioner.
‘‘(4) FAILURE TO SUBMIT.—Upon failure to submit the fee
and oath within such prescribed period, the application shall
be regarded as abandoned, unless it is shown to the satisfaction
of the Commissioner that the delay in submitting the fee and
oath was unavoidable or unintentional. The filing date of an
application shall be the date on which the specification and
any required drawing are received in the Patent and Trademark
Office.
‘‘(b) PROVISIONAL APPLICATION.—
‘‘(1) AUTHORIZATION.—A provisional application for patent
shall be made or authorized to be made by the inventor, except
as otherwise provided in this title, in writing to the Commis-
sioner. Such application shall include—
‘‘(A) a specification as prescribed by the first paragraph
of section 112 of this title; and
‘‘(B) a drawing as prescribed by section 113 of this
title.
‘‘(2) CLAIM.—A claim, as required by the second through
fifth paragraphs of section 112, shall not be required in a
provisional application.
‘‘(3) FEE.—(A) The application must be accompanied by
the fee required by law.
‘‘(B) The fee may be submitted after the specification and
any required drawing are submitted, within such period and
H. R. 5110—179
under such conditions, including the payment of a surcharge,
as may be prescribed by the Commissioner.
‘‘(C) Upon failure to submit the fee within such prescribed
period, the application shall be regarded as abandoned, unless
it is shown to the satisfaction of the Commissioner that the
delay in submitting the fee was unavoidable or unintentional.
‘‘(4) FILING DATE.—The filing date of a provisional applica-
tion shall be the date on which the specification and any
required drawing are received in the Patent and Trademark
Office.
‘‘(5) ABANDONMENT.—The provisional application shall be
regarded as abandoned 12 months after the filing date of such
application and shall not be subject to revival thereafter.
‘‘(6) OTHER BASIS FOR PROVISIONAL APPLICATION.—Subject
to all the conditions in this subsection and section 119(e) of
this title, and as prescribed by the Commissioner, an application
for patent filed under subsection (a) may be treated as a provi-
sional application for patent.
‘‘(7) NO RIGHT OF PRIORITY OR BENEFIT OF EARLIEST FILING
DATE.—A provisional application shall not be entitled to the
right of priority of any other application under section 119
or 365(a) of this title or to the benefit of an earlier filing
date in the United States under section 120, 121, or 365(c)
of this title.
‘‘(8) APPLICABLE PROVISIONS.—The provisions of this title
relating to applications for patent shall apply to provisional
applications for patent, except as otherwise provided, and
except that provisional applications for patent shall not be
subject to sections 115, 131, 135, and 157 of this title.’’.
(c) CONFORMING CHANGES.—
(1) Section 156(a)(2) of title 35, United States Code, is
amended by inserting ‘‘under subsection (e)(1) of this section’’
after ‘‘extended’’.
(2) Section 172 of title 35, United States Code, is
amended—
(A) by striking ‘‘section 119’’ and inserting ‘‘subsections
(a) through (d) of section 119’’; and
(B) by inserting at the end the following new sentence:
‘‘The right of priority provided for by section 119(e) of this title
shall not apply to designs.’’.
(3) Section 173 of title 35, United States Code, is amended
by inserting ‘‘from the date of grant’’ after ‘‘years’’.
(4) Section 365 of title 35, United States Code, is
amended—
(A) in subsection (a), by striking ‘‘section 119’’ and
inserting ‘‘subsections (a) through (d) of section 119’’; and
(B) in subsection (b), by striking ‘‘the first paragraph
of section 119’’ and inserting ‘‘section 119(a)’’.
(5) Section 373 of title 35, United States Code, is amended
by striking ‘‘section 119’’ and inserting ‘‘subsections (a) through
(d) of section 119’’.
(6) The table of sections for chapter 11 of title 35, United
States Code, is amended—
(A) by striking the item relating to section 111 and
inserting the following:
‘‘111. Application.’’;
and
H. R. 5110—180
(B) by striking the item relating to section 119 and
inserting the following:
‘‘119. Benefit of earlier filing date; right of priority.’’.
SEC. 533. PATENT RIGHTS.
(a) DEFINITION
OF INFRINGEMENT.—Section 271 of title 35,
United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘, offers to sell,’’ after ‘‘uses’’; and
(B) by inserting ‘‘or imports into the United States
any patented invention’’ after ‘‘the United States’’;
(2) in subsection (c), by striking ‘‘sells’’ and inserting ‘‘offers
to sell or sells within the United States or imports into the
United States’’;
(3) in subsection (e)—
(A) in paragraph (1), by striking ‘‘or sell’’ and inserting
‘‘offer to sell, or sell within the United States or import
into the United States’’;
(B) in paragraph (3), by striking ‘‘or selling’’ and insert-
ing ‘‘offering to sell, or selling within the United States
or importing into the United States’’;
(C) in paragraph (4)(B), by striking ‘‘or sale’’ and insert-
ing ‘‘offer to sell, or sale within the United States or
importation into the United States’’; and
(D) in paragraph (4)(C), by striking ‘‘or sale’’ and insert-
ing ‘‘offer to sell, or sale within the United States or
importation into the United States’’;
(4) in subsection (g)—
(A) by striking ‘‘sells’’ and inserting ‘‘offers to sell,
sells,’’;
(B) by striking ‘‘importation, sale,’’ and inserting
‘‘importation, offer to sell, sale,’’; and
(C) by striking ‘‘other use or’’ and inserting ‘‘other
use, offer to sell, or’’; and
(5) by adding at the end the following:
‘‘(i) As used in this section, an ‘offer for sale’ or an ‘offer
to sell’ by a person other than the patentee, or any designee of
the patentee, is that in which the sale will occur before the expira-
tion of the term of the patent.’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 41(c) of title 35, United States
Code, is amended to read as follows:
‘‘(2) A patent, the term of which has been maintained as a
result of the acceptance of a payment of a maintenance fee under
this subsection, shall not abridge or affect the right of any person
or that person’s successors in business who made, purchased, offered
to sell, or used anything protected by the patent within the United
States, or imported anything protected by the patent into the United
States after the 6-month grace period but prior to the acceptance
of a maintenance fee under this subsection, to continue the use
of, to offer for sale, or to sell to others to be used, offered for
sale, or sold, the specific thing so made, purchased, offered for
sale, used, or imported. The court before which such matter is
in question may provide for the continued manufacture, use, offer
for sale, or sale of the thing made, purchased, offered for sale,
or used within the United States, or imported into the United
States, as specified, or for the manufacture, use, offer for sale,
H. R. 5110—181
or sale in the United States of which substantial preparation was
made after the 6-month grace period but before the acceptance
of a maintenance fee under this subsection, and the court may
also provide for the continued practice of any process that is prac-
ticed, or for the practice of which substantial preparation was
made, after the 6-month grace period but before the acceptance
of a maintenance fee under this subsection, to the extent and
under such terms as the court deems equitable for the protection
of investments made or business commenced after the 6-month
grace period but before the acceptance of a maintenance fee under
this subsection.’’.
(2) The second undesignated paragraph of section 252 of
title 35, United States Code, is amended to read as follows:
‘‘A reissued patent shall not abridge or affect the right of
any person or that person’s successors in business who, prior to
the grant of a reissue, made, purchased, offered to sell, or used
within the United States, or imported into the United States, any-
thing patented by the reissued patent, to continue the use of,
to offer to sell, or to sell to others to be used, offered for sale,
or sold, the specific thing so made, purchased, offered for sale,
used, or imported unless the making, using, offering for sale, or
selling of such thing infringes a valid claim of the reissued patent
which was in the original patent. The court before which such
matter is in question may provide for the continued manufacture,
use, offer for sale, or sale of the thing made, purchased, offered
for sale, used, or imported as specified, or for the manufacture,
use, offer for sale, or sale in the United States of which substantial
preparation was made before the grant of the reissue, and the
court may also provide for the continued practice of any process
patented by the reissue that is practiced, or for the practice of
which substantial preparation was made, before the grant of the
reissue, to the extent and under such terms as the court deems
equitable for the protection of investments made or business com-
menced before the grant of the reissue.’’.
(3) Section 262 of title 35, United States Code, is
amended—
(A) by striking ‘‘use or sell’’ and inserting ‘‘use, offer
to sell, or sell’’; and
(B) by inserting ‘‘within the United States, or import
the patented invention into the United States,’’ after
‘‘invention’’.
(4) Section 272 of title 35, United States Code, is amended
by striking ‘‘not sold’’ and inserting ‘‘not offered for sale or
sold’’.
(5) Section 287 of title 35, United States Code, is
amended—
(A) in subsection (a)—
(i) by striking ‘‘making or selling’’ and inserting
‘‘making, offering for sale, or selling within the United
States’’; and
(ii) by inserting ‘‘or importing any patented article
into the United States,’’ after ‘‘under them,’’; and
(B) in subsection (b)—
(i) in paragraph (1)(C), by striking ‘‘use, or sale’’
and inserting ‘‘use, offer for sale, or sale’’;
H. R. 5110—182
(ii) in paragraph (4)(A), by striking ‘‘sold or’’ and
inserting ‘‘sold, offered for sale, or’’ in the matter
preceding clause (i);
(iii) in paragraph (4)(A)(ii), by striking ‘‘use, or
sale’’ and inserting ‘‘use, offer for sale, or sale’’;
(iv) in paragraph (4)(C), by striking ‘‘have been
sold’’ and inserting ‘‘have been offered for sale or sold’’;
and
(v) in paragraph (4)(C), by striking ‘‘United States
before’’ and inserting ‘‘United States, or imported by
the person into the United States, before’’.
(6) Section 292(a) of title 35, United States Code, is
amended—
(A) by striking ‘‘used, or sold by him’’ and inserting
‘‘used, offered for sale, or sold by such person within the
United States, or imported by the person into the United
States’’; and
(B) by striking ‘‘made or sold’’ and inserting ‘‘made,
offered for sale, sold, or imported into the United States’’.
(7) Section 295 of title 35, United States Code, is amended
by striking ‘‘sale, or use’’ and inserting ‘‘sale, offer for sale,
or use’’.
(8) Section 307(b) of title 35, United States Code, is
amended by striking ‘‘used anything’’ and inserting ‘‘used within
the United States, or imported into the United States, any-
thing’’.
SEC. 534. EFFECTIVE DATES AND APPLICATION.
(a) IN GENERAL.—Subject to subsection (b), the amendments
made by this subtitle take effect on the date that is one year
after the date on which the WTO Agreement enters into force
with respect to the United States.
(b) PATENT APPLICATIONS.—
(1) IN GENERAL.—Subject to paragraph (2), the amendments
made by section 532 take effect on the date that is 6 months
after the date of the enactment of this Act and shall apply
to all patent applications filed in the United States on or
after the effective date.
(2) SECTION 154(a)(1).—Section 154(a)(1) of title 35, United
States Code, as amended by section 532(a)(1) of this Act, shall
take effect on the effective date described in subsection (a).
(3) EARLIEST FILING.—The term of a patent granted on
an application that is filed on or after the effective date
described in subsection (a) and that contains a specific reference
to an earlier application filed under the provisions of section
120, 121, or 365(c) of title 35, United States Code, shall be
measured from the filing date of the earliest filed application.
TITLE VI—RELATED PROVISIONS
Subtitle A—Expiring Provisions
SEC. 601. GENERALIZED SYSTEM OF PREFERENCES.
(a) EXTENSION OF DUTY-FREE TREATMENT UNDER SYSTEM.—
Section 505(a) of the Trade Act of 1974 (19 U.S.C. 2465(a)) is
H. R. 5110—183
amended by striking ‘‘September 30, 1994’’ and inserting ‘‘July
31, 1995’’.
(b) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND
RELIQUIDATIONS.—
(1) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 or any other provision of law and subject to para-
graph (2), the entry—
(A) of any article to which duty-free treatment under
title V of the Trade Act of 1974 would have applied if
the entry had been made on September 30, 1994, and
(B) that was made after September 30, 1994, and before
such date of enactment,
shall be liquidated or reliquidated as free of duty, and the
Secretary of the Treasury shall refund any duty paid with
respect to such entry. As used in this subsection, the term
‘‘entry’’ includes a withdrawal from warehouse for consumption.
(2) REQUESTS.—Liquidation or reliquidation may be made
under paragraph (1) with respect to an entry only if a request
therefor is filed with the Customs Service, within 180 days
after the date of the enactment of this Act, that contains
sufficient information to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be located.
SEC. 602. U.S. INSULAR POSSESSIONS.
(a) EXTENSION
OF VERIFICATION
AND CERTIFICATE ISSUANCE
PROVISIONS.—Additional U.S. Note 5(h)(i) to chapter 91 of the HTS
is amended by striking ‘‘and before January 1, 1995,’’ and inserting
‘‘and before January 1, 2007,’’.
(b) EXTENSION OF CERTIFICATE NUMBER PIC–EV–89.—Notwith-
standing any other provision of law, the production incentive certifi-
cate, number PIC–EV–89, issued jointly by the Secretary of
Commerce and the Secretary of the Interior, pursuant to paragraph
(h)(i)(B) of Additional U.S. Note 5 to chapter 91 of the HTS (formerly
paragraph (h)(i)(II) of headnote 6 of schedule 7, part 2, subpart
E of the Tariff Schedules of the United States), shall be deemed
to have been reissued on the date of the enactment of this Act
in the amount of the balance remaining on such certificate, and
shall expire on the date that is 1 year after such date of enactment.
Subtitle B—Certain Customs Provisions
SEC. 611. REIMBURSEMENTS FROM CUSTOMS USER FEE ACCOUNT.
(a) IN GENERAL.—Subclause (II) of section 13031(f)(3)(A)(i) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)(A)(i)(II)) is amended to read as follows:
‘‘(II) paying premium pay under section 5(b) of the
Act of February 13, 1911, but the amount for which
reimbursement may be made under this subclause may
not, for any fiscal year, exceed the difference between the
total cost of all the premium pay for such year calculated
under section 5(b) and the cost of the night and holiday
premium pay that the Customs Service would have
incurred for the same inspectional work on the day before
the effective date of section 13813 of the Omnibus Budget
Reconciliation Act of 1993,’’.
H. R. 5110—184
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to customs inspectional services performed on or after
January 1, 1994.
SEC. 612. MERCHANDISE PROCESSING FEES.
(a) IN GENERAL.—Section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended—
(1) in subsection (a)(9)—
(A) in subparagraph (A), by striking ‘‘0.17’’ and insert-
ing ‘‘0.21’’,
(B) in subparagraph (B)(i), by striking ‘‘(but not to
a rate of more than 0.19 percent nor less than 0.15 percent)
that would’’ and inserting ‘‘(but not to a rate of more
than 0.21 percent nor less than 0.15 percent) and the
amounts specified in subsection (b)(8)(A)(i) (but not to more
than $485 nor less than $21) to rates and amounts which
would’’, and
(C) in subparagraph (B)(ii), by striking ‘‘section 613A
of the Tariff Act of 1930’’ and inserting ‘‘subsection (f)’’,
(2) in subsection (a)(10)—
(A) in subparagraph (C), by striking ‘‘entry or release.’’
and inserting ‘‘entry or release,’’,
(B) in clause (ii), by striking ‘‘$5’’ and inserting ‘‘$6’’,
and
(C) in clause (iii), by striking ‘‘$8’’ and inserting ‘‘$9’’,
and
(3) in subsection (b)(8)(A)(i), by striking ‘‘$400 or be less
than $21’’, and inserting ‘‘$485 or be less than $25, unless
adjusted pursuant to subsection (a)(9)(B)’’.
(b) EFFECTIVE DATE.—The amendments made by this section
apply to articles entered, or withdrawn from warehouse for
consumption, on or after January 1, 1995.
Subtitle C—Conforming Amendments
SEC. 621. CONFORMING AMENDMENTS.
(a) TRADE LAWS.—
(1) Section 1317(a)(1) of the Omnibus Trade and Competi-
tiveness Act of 1988 (19 U.S.C. 1677k(a)(1)) is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’;
(B) by striking ‘‘General Agreement on Tariffs and
Trade’’ and inserting ‘‘GATT 1994’’; and
(C) by adding at the end the following:
‘‘(B) The term ‘GATT 1994’ has the meaning given that
term in section 2(1)(B) of the Uruguay Round Agreements
Act.’’.
(2) Section 212(c)(4) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(c)(4)) is amended by striking
‘‘General’’ and all that follows through ‘‘1979’’ and inserting
‘‘WTO Agreement and the multilateral trade agreements (as
such terms are defined in paragraphs (9) and (4), respectively,
of section 2 of the Uruguay Round Agreements Act)’’.
(3) Section 203(d)(4) of the Andean Trade Preference Act
(19 U.S.C. 3202(d)(4)) is amended by striking ‘‘General’’ and
all that follows through ‘‘1979’’ and inserting ‘‘WTO Agreement
and the multilateral trade agreements (as such terms are
H. R. 5110—185
defined in paragraphs (9) and (4), respectively, of section 2
of the Uruguay Round Agreements Act)’’.
(4) Section 1106 of the Omnibus Trade and Competitiveness
Act of 1988 (19 U.S.C. 2905) is amended—
(A) in subsection (a), by striking ‘‘the GATT’’ and
inserting ‘‘the GATT 1947, or to the WTO Agreement,’’;
(B) in subsections (b) and (c), by inserting after ‘‘the
GATT’’ each place it appears ‘‘1947 or the WTO
Agreement’’;
(C) by adding at the end the following new subsection:
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘GATT 1947’ has the meaning given that
term in section 2(1)(A) of the Uruguay Round Agreements
Act.
‘‘(2) The term ‘WTO Agreement’ means the Agreement
Establishing the World Trade Organization entered into on
April 15, 1994 and the multilateral trade agreements (as such
term is defined in section 2(4) of the Uruguay Round Agree-
ments Act).’’; and
(D) by inserting after ‘‘GENERAL AGREEMENT ON TAR-
IFFS AND TRADE’’ in the heading ‘‘FOR THE WTO’’.
(5) Section 1107(a)(3) of the Omnibus Trade and Competi-
tiveness Act of 1988 (19 U.S.C. 2906(3)) is amended by striking
‘‘the General Agreement on Tariffs and Trade’’ and inserting
‘‘the GATT 1947 (as defined in section 2(1)(A) of the Uruguay
Round Agreements Act)’’.
(6) Section 1378(2) of the Omnibus Trade and Competitive-
ness Act of 1988 (19 U.S.C. 3107(2)) is amended by striking
‘‘the General Agreement on Tariffs and Trade’’ and inserting
‘‘the WTO Agreement and the multilateral trade agreements
(as such terms are defined in paragraphs (9) and (4), respec-
tively, of section 2 of the Uruguay Round Agreements Act)’’.
(7) Section 1382 of the Omnibus Trade and Competitiveness
Act of 1988 (19 U.S.C. 3111) is amended by striking ‘‘the
General Agreement on Tariffs and Trade’’ and inserting ‘‘the
WTO Agreement and the multilateral trade agreements (as
such terms are defined in paragraphs (9) and (4), respectively,
of section 2 of the Uruguay Round Agreements Act)’’.
(8) Section 141(c)(1) of the Trade Act of 1974 (19 U.S.C.
2171(c)(1)) is amended—
(A) in subparagraph (C) by inserting ‘‘all negotiations
on any matter considered under the auspices of the World
Trade Organization,’’ after ‘‘including’’; and
(B) in subparagraph (D) by inserting ‘‘, including any
matter considered under the auspices of the World Trade
Organization,’’ after ‘‘functions’’.
(9) Section 301(a)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2411(a)(2)(A)) is amended by striking ‘‘the Contracting Parties’’
and all that follows through ‘‘Parties,’’ and inserting ‘‘the Dis-
pute Settlement Body (as defined in section 121(5) of the Uru-
guay Round Agreements Act) has adopted a report,’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date on which the WTO Agreement enters
into force with respect to the United States.
H. R. 5110—186
TITLE VII—REVENUE PROVISIONS
SEC. 700. AMENDMENT OF 1986 CODE AND TABLE OF CONTENTS.
(a) AMENDMENT OF 1986 CODE.—Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Internal Revenue Code of
1986.
(b) TABLE OF CONTENTS.—
TITLE VII—REVENUE PROVISIONS
Sec. 700. Amendment of 1986 Code and table of contents.
Subtitle A—Withholding Tax Provisions
Sec. 701. Withholding on distributions of Indian casino profits to tribal members.
Sec. 702. Voluntary withholding on certain Federal payments and on unemploy-
ment compensation.
Subtitle B—Provisions Relating to Estimated Taxes and Payments and Deposits of
Taxes
Sec. 711. Treatment of subpart F and section 936 income of taxpayers using
annualized method for estimated tax.
Sec. 712. Time for payments and deposits of certain taxes.
Sec. 713. Reduction in rate of interest paid on certain corporate overpayments.
Subtitle C—Earned Income Tax Credit
Sec. 721. Extension of earned income tax credit to military personnel stationed out-
side the United States.
Sec. 722. Certain nonresident aliens ineligible for earned income tax credit.
Sec. 723. Income of prisoners disregarded in determining earned income tax credit.
Subtitle D—Provisions Relating To Retirement Benefits
Sec. 731. Treatment of excess pension assets used for retiree health benefits.
Sec. 732. Rounding rules for cost-of-living adjustments.
Sec. 733. Increase in inclusion of social security benefits paid to nonresidents.
Subtitle E—Other Provisions
Sec. 741. Partnership distributions of marketable securities.
Sec. 742. Taxpayer identification numbers required at birth.
Sec. 743. Extension of Internal Revenue Service user fees.
Sec. 744. Modification of substantial understatement penalty for corporations par-
ticipating in tax shelters.
Sec. 745. Modification of authority to set terms and conditions for savings bonds.
Subtitle F—Pension Plan Funding and Premiums
Sec. 750. Short title.
PART I—PENSION PLAN FUNDING
SUBPART A—AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 751. Minimum funding requirements.
Sec. 752. Limitation on changes in current liability assumptions.
Sec. 753. Anticipation of bargained benefit increases.
Sec. 754. Modification of quarterly contribution requirement.
Sec. 755. Exceptions to excise tax on nondeductible contributions.
SUBPART B—AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974
Sec. 761. Minimum funding requirements.
Sec. 762. Limitation on changes in current liability assumptions.
Sec. 763. Anticipation of bargained benefit increases.
Sec. 764. Modification of quarterly contribution requirement.
SUBPART C—OTHER FUNDING PROVISIONS
Sec. 766. Prohibition on benefit increases where plan sponsor is in bankruptcy.
H. R. 5110—187
Sec. 767. Single sum distributions.
Sec. 768. Adjustments to lien for missed minimum funding contributions.
Sec. 769. Special funding rules for certain plans.
PART II—AMENDMENTS RELATED TO TITLE IV OF THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974
Sec. 771. Reportable events.
Sec. 772. Certain information required to be furnished to PBGC.
Sec. 773. Enforcement of minimum funding requirements.
Sec. 774. Computation of additional PBGC premium.
Sec. 775. Disclosure to participants.
Sec. 776. Missing participants.
Sec. 777. Modification of maximum guarantee for disability benefits.
Sec. 778. Procedures to facilitate distribution of termination benefits.
PART III—EFFECTIVE DATES
Sec. 781. Effective dates.
Subtitle A—Withholding Tax Provisions
SEC. 701. WITHHOLDING ON DISTRIBUTIONS OF INDIAN CASINO
PROFITS TO TRIBAL MEMBERS.
(a) IN GENERAL.—Section 3402 (relating to income tax collected
at source) is amended by inserting after subsection (q) the following
new subsection:
‘‘(r) EXTENSION OF WITHHOLDING TO CERTAIN TAXABLE PAY-
MENTS OF INDIAN CASINO PROFITS.—
‘‘(1) IN GENERAL.—Every person, including an Indian tribe,
making a payment to a member of an Indian tribe from the
net revenues of any class II or class III gaming activity con-
ducted or licensed by such tribe shall deduct and withhold
from such payment a tax in an amount equal to such payment’s
proportionate share of the annualized tax.
‘‘(2) EXCEPTION.—The tax imposed by paragraph (1) shall
not apply to any payment to the extent that the payment,
when annualized, does not exceed an amount equal to the
sum of—
‘‘(A) the basic standard deduction (as defined in section
63(c)) for an individual to whom section 63(c)(2)(C) applies,
and
‘‘(B) the exemption amount (as defined in section
151(d)).
‘‘(3) ANNUALIZED TAX.—For purposes of paragraph (1), the
term ‘annualized tax’ means, with respect to any payment,
the amount of tax which would be imposed by section 1(c)
(determined without regard to any rate of tax in excess of
31 percent) on an amount of taxable income equal to the excess
of—
‘‘(A) the annualized amount of such payment, over
‘‘(B) the amount determined under paragraph (2).
‘‘(4) CLASSES OF GAMING ACTIVITIES, ETC.—For purposes
of this subsection, terms used in paragraph (1) which are
defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.), as in effect on the date of the enact-
ment of this subsection, shall have the respective meanings
given such terms by such section.
‘‘(5) ANNUALIZATION.—Payments shall be placed on an
annualized basis under regulations prescribed by the Secretary.
‘‘(6) ALTERNATE WITHHOLDING PROCEDURES.—At the elec-
tion of an Indian tribe, the tax imposed by this subsection
H. R. 5110—188
on any payment made by such tribe shall be determined in
accordance with such tables or computational procedures as
may be specified in regulations prescribed by the Secretary
(in lieu of in accordance with paragraphs (2) and (3)).
‘‘(7) COORDINATION WITH OTHER SECTIONS.—For purposes
of this chapter and so much of subtitle F as relates to this
chapter, payments to any person which are subject to withhold-
ing under this subsection shall be treated as if they were
wages paid by an employer to an employee.’’
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to payments made after December 31, 1994.
SEC. 702. VOLUNTARY WITHHOLDING ON CERTAIN FEDERAL PAY-
MENTS AND ON UNEMPLOYMENT COMPENSATION.
(a) IN GENERAL.—Subsection (p) of section 3402 (relating to
voluntary withholding agreements) is amended to read as follows:
‘‘(p) VOLUNTARY WITHHOLDING AGREEMENTS.—
‘‘(1) CERTAIN FEDERAL PAYMENTS.—
‘‘(A) IN GENERAL.—If, at the time a specified Federal
payment is made to any person, a request by such person
is in effect that such payment be subject to 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 employee.
‘‘(B) AMOUNT WITHHELD.—The amount to be deducted
and withheld under this chapter from any payment to
which any request under subparagraph (A) applies shall
be an amount equal to the percentage of such payment
specified in such request. Such a request shall apply to
any payment only if the percentage specified is 7, 15,
28, or 31 percent or such other percentage as is permitted
under regulations prescribed by the Secretary.
‘‘(C) SPECIFIED FEDERAL PAYMENTS.—For purposes of
this paragraph, the term ‘specified Federal payment’
means—
‘‘(i) any payment of a social security benefit (as
defined in section 86(d)),
‘‘(ii) any payment referred to in the second sen-
tence of section 451(d) which is treated as insurance
proceeds,
‘‘(iii) any amount which is includible in gross
income under section 77(a), and
‘‘(iv) any other payment made pursuant to Federal
law which is specified by the Secretary for purposes
of this paragraph.
‘‘(D) REQUESTS FOR WITHHOLDING.—Rules similar to
the rules that apply to annuities under subsection (o)(4)
shall apply to requests under this paragraph and paragraph
(2).
‘‘(2) VOLUNTARY WITHHOLDING ON UNEMPLOYMENT BENE-
FITS.—If, at the time a payment of unemployment compensation
(as defined in section 85(b)) is made to any person, a request
by such person is in effect that such payment be subject to
withholding under this chapter, then for purposes of this chap-
ter and so much of subtitle F as relates to this chapter, such
payment shall be treated as if it were a payment of wages
H. R. 5110—189
by an employer to an employee. 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 
regulations 
to 
provide 
for
withholding—
‘‘(A) from remuneration for services performed by an
employee for the employee’s employer 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 withholding would be appro-
priate under the provisions 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
chapter), remuneration or other payments with respect to which
such agreement is made shall be treated as if they were wages
paid by an employer to an employee to the extent that such
remuneration is paid or other payments are made during the
period for which the agreement is in effect.’’
(b) STATE LAW MUST PERMIT VOLUNTARY WITHHOLDING
OF
FEDERAL INCOME TAX FROM UNEMPLOYMENT COMPENSATION.—Sec-
tion 3304(a) is amended by striking ‘‘and’’ at the end of paragraph
(17), by redesignating paragraph (18) as paragraph (19), and by
inserting after paragraph (17) the following new paragraph:
‘‘(18) Federal individual income tax from unemployment
compensation is to be deducted and withheld if an individual
receiving such compensation voluntarily requests such deduc-
tion and withholding; and’’.
(c) WITHHOLDING FROM UNEMPLOYMENT COMPENSATION
OF
FEDERAL, STATE, AND LOCAL INCOME TAXES PERMITTED.—
(1) Subparagraph (C) of section 3304(a)(4) is amended by
inserting after ‘‘health insurance’’ the following: ‘‘, or the
withholding of Federal, State, or local individual income tax,’’.
(2) Subsection (f) of section 3306 is amended by redesignat-
ing paragraphs (3) and (4) as paragraphs (4) and (5), respec-
tively, and by inserting after paragraph (2) the following new
paragraph:
‘‘(3) nothing in this subsection shall be construed to prohibit
deducting any amount from unemployment compensation other-
wise payable to an individual and using the amount so deducted
to pay for health insurance, or the withholding of Federal,
State, or local individual income tax, if the individual elected
to have such deduction made and such deduction was made
under a program approved by the Secretary of Labor;’’.
(3) Paragraph (5) of section 303(a) of the Social Security
Act is amended by inserting after ‘‘health insurance’’ the follow-
ing: ‘‘, or the withholding of Federal, State, or local individual
income tax,’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to payments made after December 31, 1996.