157
means ‘‘citizen’’ as defined in Annex 1608 of the Agree-
ment.
(b) NONIMMIGRANT PROFESSIONALS AND ANNUAL
NUMERICAL LIMIT.—Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by redesig-
nating subsection (e) as paragraph (1) of subsection (e)
and adding after such paragraph (1), as redesignated, the
following new paragraphs:
‘‘(2) An alien who is a citizen of Canada or Mexico,
and the spouse and children of any such alien if accom-
panying or following to join such alien, who seeks to enter
the United States under and pursuant to the provisions
of Section D of Annex 1603 of the North American Free
Trade Agreement (in this subsection referred to as
‘NAFTA’) to engage in business activities at a profes-
sional level as provided for in such Annex, may be admit-
ted for such purpose under regulations of the Attorney
General promulgated after consultation with the Secretar-
ies of State and Labor. For purposes of this Act, including
the issuance of entry documents and the application of
subsection (b), such alien shall be treated as if seeking
classification, or classifiable, as a nonimmigrant under
section 101(a)(15). The admission of an alien who is a
citizen of Mexico shall be subject to paragraphs (3), (4),
and (5). For purposes of this paragraph and paragraphs
158
(3), (4), and (5), the term ‘citizen of Mexico’ means ‘citi-
zen’ as defined in Annex 1608 of NAFTA.
‘‘(3) The Attorney General shall establish an annual
numerical limit on admissions under paragraph (2) of
aliens who are citizens of Mexico, as set forth in Appendix
1603.D.4 of Annex 1603 of the NAFTA. Subject to para-
graph (4), the annual numerical limit—
‘‘(A) beginning with the second year that
NAFTA is in force, may be increased in accordance
with the provisions of paragraph 5(a) of Section D
of such Annex, and
‘‘(B) shall cease to apply as provided for in
paragraph 3 of such Appendix.
‘‘(4) The annual numerical limit referred to in para-
graph (3) may be increased or shall cease to apply (other
than by operation of paragraph 3 of such Appendix) only
if—
‘‘(A) the President has obtained advice regard-
ing the proposed action from the appropriate advi-
sory committees established under section 135 of the
Trade Act of 1974 (19 U.S.C. 2155);
‘‘(B) the President has submitted a report to
the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives that sets forth—
159
‘‘(i) the action proposed to be taken and
the reasons therefor, and
‘‘(ii) the advice obtained under subpara-
graph (A);
‘‘(C) a period of at least 60 calendar days that
begins on the first day on which the President has
met the requirements of subparagraphs (A) and (B)
with respect to such action has expired; and
‘‘(D) the President has consulted with such
committees regarding the proposed action during the
period referred to in subparagraph (C).
‘‘(5) During the period that the provisions of Appen-
dix 1603.D.4 of Annex 1603 of the NAFTA apply, the
entry of an alien who is a citizen of Mexico under and
pursuant to the provisions of Section D of Annex 1603
of NAFTA shall be subject to the attestation requirement
of section 212(m), in the case of a registered nurse, or
the application requirement of section 212(n), in the case
of all other professions set out in Appendix 1603.D.1 of
Annex 1603 of NAFTA, and the petition requirement of
subsection (c), to the extent and in the manner prescribed
in regulations promulgated by the Secretary of Labor,
with respect to sections 212(m) and 212(n), and the At-
torney General, with respect to subsection (c).’’.
160
(c) LABOR DISPUTES.—Section 214 of the Immigra-
tion and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
‘‘(j) Notwithstanding any other provision of this Act,
an alien who is a citizen of Canada or Mexico who seeks
to enter the United States under and pursuant to the pro-
visions of Section B, Section C, or Section D of Annex
1603 of the North American Free Trade Agreement, shall
not be classified as a nonimmigrant under such provisions
if there is in progress a strike or lockout in the course
of a labor dispute in the occupational classification at the
place or intended place of employment, unless such alien
establishes, pursuant to regulations promulgated by the
Attorney General, that the alien’s entry will not affect ad-
versely the settlement of the strike or lockout or the em-
ployment of any person who is involved in the strike or
lockout. Notice of a determination under this subsection
shall be given as may be required by paragraph 3 of article
1603 of such Agreement. For purposes of this subsection,
the term ‘citizen of Mexico’ means ‘citizen’ as defined in
Annex 1608 of such Agreement.’’.
SEC. 342. EFFECTIVE DATE.
The provisions of this subtitle take effect on the date
the Agreement enters into force with respect to the United
States.
161
Subtitle E—Standards
PART 1—STANDARDS AND MEASURES
SEC. 351. STANDARDS AND SANITARY AND PHYTOSANITARY
MEASURES.
(a) IN GENERAL.—Title IV of the Trade Agreements
Act of 1979 (19 U.S.C. 2531 et seq.) is amended by in-
serting at the end the following new subtitle:
‘‘Subtitle E—Standards and Meas-
ures Under the North American
Free Trade Agreement
‘‘CHAPTER 1—SANITARY AND
PHYTOSANITARY MEASURES
‘‘SEC. 461. GENERAL.
‘‘Nothing in this chapter may be construed—
‘‘(1) to prohibit a Federal agency or State
agency from engaging in activity related to sanitary
or phytosanitary measures to protect human, ani-
mal, or plant life or health; or
‘‘(2) to limit the authority of a Federal agency
or State agency to determine the level of protection
of human, animal, or plant life or health the agency
considers appropriate.
‘‘SEC. 462. INQUIRY POINT.
‘‘The standards information center maintained under
section 414 shall, in addition to the functions specified
162
therein, make available to the public relevant documents,
at such reasonable fees as the Secretary of Commerce may
prescribe, and information regarding—
‘‘(1) any sanitary or phytosanitary measure of
general application, including any control or inspec-
tion procedure or approval procedure proposed,
adopted, or maintained by a Federal or State agen-
cy;
‘‘(2) the procedures of a Federal or State agen-
cy for risk assessment, and factors the agency con-
siders in conducting the assessment and in establish-
ing the levels of protection that the agency considers
appropriate;
‘‘(3) the membership and participation of the
Federal Government and State governments in inter-
national and regional sanitary and phytosanitary or-
ganizations and systems, and in bilateral and multi-
lateral 
arrangements 
regarding 
sanitary 
and
phytosanitary measures, and the provisions of those
systems and arrangements; and
‘‘(4) the location of notices of the type required
under article 719 of the NAFTA, or where the infor-
mation contained in such notices can be obtained.
163
‘‘SEC. 463. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
chapter—
‘‘(1) ANIMAL.—The term ‘animal’ includes fish,
bees, and wild fauna.
‘‘(2) APPROVAL
PROCEDURE.—The term ‘ap-
proval procedure’ means any registration, notifica-
tion, or other mandatory administrative procedure
for—
‘‘(A) approving the use of an additive for
a stated purpose or under stated conditions, or
‘‘(B) establishing a tolerance for a stated
purpose or under stated conditions for a con-
taminant,
in a food, beverage, or feedstuff prior to permitting
the use of the additive or the marketing of a food,
beverage, or feedstuff containing the additive or con-
taminant.
‘‘(3) CONTAMINANT.—The term ‘contaminant’
includes pesticide and veterinary drug residues and
extraneous matter.
‘‘(4) CONTROL OR INSPECTION PROCEDURE.—
The term ‘control or inspection procedure’ means
any procedure used, directly or indirectly, to deter-
mine that a sanitary or phytosanitary measure is
fulfilled, including sampling, testing, inspection,
164
evaluation, verification, monitoring, auditing, assur-
ance of conformity, accreditation, registration, cer-
tification, or other procedure involving the physical
examination of a good, of the packaging of a good,
or of the equipment or facilities directly related to
production, marketing, or use of a good, but does
not mean an approval procedure.
‘‘(5) PLANT.—The term ‘plant’ includes wild
flora.
‘‘(6) RISK
ASSESSMENT.—The term ‘risk as-
sessment’ means an evaluation of—
‘‘(A) the potential for the introduction, es-
tablishment or spread of a pest or disease and
associated 
biological 
and 
economic 
con-
sequences; or
‘‘(B) the potential for adverse effects on
human or animal life or health arising from the
presence of an additive, contaminant, toxin or
disease-causing organism in a food, beverage, or
feedstuff.
‘‘(7) SANITARY
OR
PHYTOSANITARY
MEAS-
URE.—
‘‘(A) IN GENERAL.—The term ‘sanitary or
phytosanitary measure’ means a measure to—
165
‘‘(i) protect animal or plant life or
health in the United States from risks
arising from the introduction, establish-
ment, or spread of a pest or disease;
‘‘(ii) protect human or animal life or
health in the United States from risks
arising from the presence of an additive,
contaminant, toxin, or disease-causing or-
ganism in a food, beverage, or feedstuff;
‘‘(iii) protect human life or health in
the United States from risks arising from
a disease-causing organism or pest carried
by an animal or plant, or a product there-
of; or
‘‘(iv) prevent or limit other damage in
the United States arising from the intro-
duction, establishment, or spread of a pest.
‘‘(B) FORM.—The form of a sanitary or
phytosanitary measure includes—
‘‘(i) end product criteria;
‘‘(ii) a product-related processing or
production method;
‘‘(iii) a testing, inspection, certifi-
cation, or approval procedure;
‘‘(iv) a relevant statistical method;
166
‘‘(v) a sampling procedure;
‘‘(vi) a method of risk assessment;
‘‘(vii) a packaging and labeling re-
quirement directly related to food safety;
and
‘‘(viii) a quarantine treatment, such
as a relevant requirement associated with
the transportation of animals or plants or
with material necessary for their survival
during transportation.
‘‘CHAPTER 2—STANDARDS-RELATED
MEASURES
‘‘SEC. 471. GENERAL.
‘‘(a) NO BAR TO ENGAGING IN STANDARDS ACTIV-
ITY.—Nothing in this chapter shall be construed—
‘‘(1) to prohibit a Federal agency from engag-
ing in activity related to standards-related measures,
including any such measure relating to safety, the
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.
‘‘(b) EXCLUSION.—This chapter does not apply to—
167
‘‘(1) technical specifications prepared by a Fed-
eral agency for production or consumption require-
ments of the agency; or
‘‘(2) sanitary or phytosanitary measures under
chapter 1.
‘‘SEC. 472. INQUIRY POINT.
‘‘The standards information center maintained under
section 414 shall, in addition to the functions specified
therein, make available to the public relevant documents,
at such reasonable fees as the Secretary of Commerce may
prescribe, and information regarding—
‘‘(1) the membership and participation of the
Federal Government, State governments, and rel-
evant nongovernmental bodies in the United States
in international and regional standardizing bodies
and conformity assessment systems, and in bilateral
and multilateral arrangements regarding standards-
related measures, and the provisions of those sys-
tems and arrangements;
‘‘(2) the location of notices of the type required
under article 909 of the NAFTA, or where the infor-
mation contained in such notice can be obtained;
and
‘‘(3) the Federal agency procedures for assess-
ment of risk, and factors the agency considers in
168
conducting the assessment and establishing the lev-
els of protection that the agency considers appro-
priate.
‘‘SEC. 473. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
chapter—
‘‘(1) APPROVAL
PROCEDURE.—The term ‘ap-
proval procedure’ means any registration, notifica-
tion, or other mandatory administrative procedure
for granting permission for a good or service to be
produced, marketed, or used for a stated purpose or
under stated conditions.
‘‘(2) CONFORMITY ASSESSMENT PROCEDURE.—
The term ‘conformity assessment procedure’ means
any procedure used, directly or indirectly, to deter-
mine that a technical regulation or standard is ful-
filled, including sampling, testing, inspection, evalua-
tion, verification, monitoring, auditing, assurance of
conformity, accreditation, registration, or approval
used for such a purpose, but does not mean an ap-
proval procedure.
‘‘(3) OBJECTIVE.—The term ‘objective’ in-
cludes—
‘‘(A) safety,
169
‘‘(B) protection of human, animal, or plant
life or health, the environment or consumers,
including matters relating to quality and iden-
tifiability of goods or services, and
‘‘(C) sustainable development,
but does not include the protection of domestic pro-
duction.
‘‘(4) SERVICE.—The term ‘service’ means a
land transportation service or a telecommunications
service.
‘‘(5) 
STANDARD.—The 
term 
‘standard’
means—
‘‘(A) characteristics for a good or a service,
‘‘(B) characteristics, rules, or guidelines
for—
‘‘(i) processes or production methods
relating to such good, or
‘‘(ii) operating methods relating to
such service, and
‘‘(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for—
‘‘(i) a good or its related process or
production methods, or
‘‘(ii) a service or its related operating
methods,
170
for common and repeated use, including explan-
atory and other related provisions set out in a
document approved by a standardizing body,
with which compliance is not mandatory.
‘‘(6) 
STANDARDS-RELATED
MEASURE.—The
term ‘standards-related measure’ means a standard,
technical regulation, or conformity assessment proce-
dure.
‘‘(7) 
TECHNICAL
REGULATION.—The 
term
‘technical regulation’ means—
‘‘(A) characteristics or their related proc-
esses and production methods for a good,
‘‘(B) characteristics for a service or its re-
lated operating methods, or
‘‘(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for—
‘‘(i) a good or its related process or
production method, or
‘‘(ii) a service or its related operating
method,
set out in a document, including applicable adminis-
trative, explanatory, and other related provisions,
with which compliance is mandatory.
‘‘(8) 
TELECOMMUNICATIONS
SERVICE.—The
term ‘telecommunications service’ means a service
171
provided by means of the transmission and reception
of signals by any electromagnetic means, but does
not mean the cable, broadcast, or other electro-
magnetic distribution of radio or television program-
ming to the public generally.
‘‘CHAPTER 3—SUBTITLE DEFINITIONS
‘‘SEC. 481. DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
subtitle—
‘‘(1) NAFTA.—The term ‘NAFTA’ means the
North American Free Trade Agreement.
‘‘(2) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico.’’.
(b) TECHNICAL AMENDMENTS.—
(1) DEFINITION
OF
TRADE
REPRESENTA-
TIVE.—Section 451(12) of the Trade Agreements
Act of 1979 is amended to read as follows:
‘‘(12) TRADE
REPRESENTATIVE.—The term
‘Trade Representative’ means the United States
Trade Representative.’’.
(2) CONFORMING AMENDMENTS.—Title IV of
the Trade Agreement Act of 1979 is further amend-
ed—
172
(A) by striking out ‘‘Special Representa-
tive’’ each place it appears and inserting
‘‘Trade Representative’’; and
(B) in the section heading to section 411,
by striking out ‘‘SPECIAL REPRESENTATIVE’’
and inserting ‘‘TRADE REPRESENTATIVE’’.
SEC. 352. TRANSPORTATION.
No regulation issued by the Secretary of Transpor-
tation implementing a recommendation of the Land
Transportation 
Standards 
Subcommittee 
established
under article 913(5)(a)(i) of the Agreement may take ef-
fect before the date 90 days after the date of issuance.
PART 2—AGRICULTURAL STANDARDS
SEC. 361. AGRICULTURAL TECHNICAL AND CONFORMING
AMENDMENTS.
(a) FEDERAL SEED ACT.—Section 302(e)(1) of the
Federal Seed Act (7 U.S.C. 1582(e)(1)) is amended by
inserting ‘‘or Mexico’’ after ‘‘Canada’’.
(b) IMPORTATION OF ANIMALS.—The first sentence
of section 6 of the Act of August 30, 1890 (26 Stat. 416,
chapter 839; 21 U.S.C. 104), is amended by striking ‘‘:
Provided’’ and all that follows through the period at the
end of the sentence and inserting ‘‘, except that the Sec-
retary of Agriculture, in accordance with such regulations
as the Secretary may issue, may (1) permit the importa-
173
tion of cattle, sheep, or other ruminants, and swine, from
Canada or Mexico, and (2) permit the importation from
the British Virgin Islands into the Virgin Islands of the
United States, for slaughter only, of cattle that have been
infested with or exposed to ticks on being freed from the
ticks.’’.
(c) 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) by inserting above ‘‘SEC. 10.’’ the following
new section heading:
‘‘SEC. 10. INSPECTION OF ANIMALS.’’;
(2) by striking ‘‘SEC. 10. That the Secretary of
Agriculture shall’’ and inserting ‘‘(a) IN
GEN-
ERAL.—Except as provided in subsection (b), the
Secretary of Agriculture shall’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) EXCEPTION.—The Secretary of Agriculture, in
accordance with such regulations as the Secretary may
issue, may waive any provision of subsection (a) in the
case of shipments between the United States and Canada
or Mexico.’’.
(d) DISEASE-FREE COUNTRIES OR REGIONS.—
174
(1) TARIFF ACT OF 1930.—Section 306 of the
Tariff Act of 1930 (19 U.S.C. 1306) is amended—
(A) in subsection (a), by striking ‘‘RIN-
DERPEST AND FOOT-AND-MOUTH DISEASE.—If
the Secretary of Agriculture’’ and inserting ‘‘IN
GENERAL.—Except as provided in subsection
(b), if the Secretary of Agriculture’’; and
(B) by striking subsection (b) and insert-
ing the following new subsection:
‘‘(b) EXCEPTION.—The Secretary of Agriculture may
permit, subject to such terms and conditions as the Sec-
retary determines appropriate, the importation of cattle,
sheep, other ruminants, or swine (including embryos of the
animals), or the fresh, chilled, or frozen meat of the ani-
mals, from a region if the Secretary determines that the
region from which the animal or meat originated is, and
is likely to remain, free from rinderpest and foot-and-
mouth disease.’’.
(2) HONEYBEE ACT.—The first section of the
Act of August 31, 1922 (commonly known as the
‘‘Honeybee Act’’) (42 Stat. 833, chapter 301; 7
U.S.C. 281), is amended—
(A) in subsection (a)—
(i) by striking ‘‘, or’’ at the end of
paragraph (1) and inserting a semicolon;
175
(ii) by striking the period at the end
of paragraph (2) and inserting ‘‘; or’’; and
(iii) by adding at the end the follow-
ing new paragraph:
‘‘(3) from Canada or Mexico, subject to such
terms and conditions as the Secretary of Agriculture
determines appropriate, if the Secretary determines
that the region of Canada or Mexico from which the
honeybees originated is, and is likely to remain, free
of diseases or parasites harmful to honeybees, and
undesirable species or subspecies of honeybees.’’; and
(B) in subsection (b)—
(i) by inserting ‘‘(1)’’ after ‘‘imported
into the United States only from’’; and
(ii) by inserting before the period the
following: ‘‘, or (2) Canada or Mexico, if
the Secretary of Agriculture determines
that the region of Canada or Mexico from
which the imports originate is, and is likely
to remain, free of undesirable species or
subspecies of honeybees’’.
(e) POULTRY PRODUCTS INSPECTION ACT.—Section
17(d) of the Poultry Products Inspection Act (21 U.S.C.
466(d)) is amended—
176
(1) in paragraph (1), by inserting after ‘‘Not-
withstanding any other provision of law,’’ the follow-
ing: ‘‘except as provided in paragraph (2),’’;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2)(A) 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 from Canada and Mexico shall—
‘‘(i) comply with paragraph (1); or
‘‘(ii)(I) be subject to inspection, sanitary, qual-
ity, species verification, and residue standards that
are equivalent to United States standards; and
‘‘(II) have been processed in facilities and
under conditions that meet standards that are equiv-
alent to United States standards.
‘‘(B) The Secretary may treat as equivalent to a
United States standard a standard of Canada or Mexico
described in subparagraph (A)(ii) if the exporting country
provides the Secretary with scientific evidence or other in-
formation, in accordance with risk assessment methodolo-
gies agreed to by the Secretary and the exporting country,
to demonstrate that the standard of the exporting country
177
achieves the level of protection that the Secretary consid-
ers appropriate.
‘‘(C) The Secretary may—
‘‘(i) determine, on a scientific basis, that the
standard of the exporting country does not achieve
the level of protection that the Secretary considers
appropriate; and
‘‘(ii) provide the basis for the determination in
writing to the exporting country on request.’’.
(f) FEDERAL
MEAT
INSPECTION
ACT.—Section
20(e) of the Federal Meat Inspection Act (21 U.S.C.
620(e)) is amended—
(1) by striking ‘‘not be limited to—’’ and in-
serting ‘‘not be limited to the following:’’;
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through
(6) as paragraphs (3) through (7), respectively;
(4) by inserting after ‘‘not be limited to the fol-
lowing:’’ (as amended by paragraph (1)) the follow-
ing new paragraphs:
‘‘(1)(A) Subject to subparagraphs (B) and (C),
a certification by the Secretary that foreign plants
in Canada and Mexico that export carcasses or meat
or meat products referred to in subsection (a) have
complied with paragraph (2) or with requirements
178
that are equivalent to United States requirements
with regard to all inspection and building construc-
tion standards, and all other provisions of this Act
and regulations issued under this Act.
‘‘(B) Subject to subparagraph (C), the Sec-
retary may treat as equivalent to a United States re-
quirement a requirement described in subparagraph
(A) if the exporting country provides the Secretary
with scientific evidence or other information, in ac-
cordance with risk assessment methodologies agreed
to by the Secretary and the exporting country, to
demonstrate that the requirement or standard of the
exporting country achieves the level of protection
that the Secretary considers appropriate.
‘‘(C) The Secretary may—
‘‘(i) determine, on a scientific basis, that a
requirement of an exporting country does not
achieve the level of protection that the Sec-
retary considers appropriate; and
‘‘(ii) provide the basis for the determina-
tion to the exporting country in writing on re-
quest.
‘‘(2) A certification by the Secretary that, ex-
cept as provided in paragraph (1), foreign plants
that export carcasses or meat or meat products re-
179
ferred to in subsection (a) have complied with re-
quirements that are at least equal to all inspection
and building construction standards and all other
provisions of this Act and regulations issued under
this Act.’’;
(5) in paragraphs (3) through (7) (as redesig-
nated by paragraph (3)), by striking ‘‘the’’ the first
place it appears in each paragraph and inserting
‘‘The’’;
(6) in paragraphs (3) through (5) (as so redes-
ignated), by striking the semicolon at the end of
each paragraph and inserting a period; and
(7) in paragraph (6) (as so redesignated), by
striking ‘‘; and’’ at the end and inserting a period.
(g) PEANUT BUTTER AND PEANUT PASTE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), all peanut butter and peanut paste in the
United States domestic market shall be processed
from peanuts that meet the quality standards estab-
lished for peanuts under Marketing Agreement No.
146.
(2) IMPORTS.—Peanut butter and peanut paste
imported into the United States shall comply with
paragraph (1) or with sanitary measures that
achieve at least the same level of sanitary protection.
180
(h) ANIMAL HEALTH BIOCONTAINMENT FACILITY.—
(1) GRANT
FOR
CONSTRUCTION.—The Sec-
retary of Agriculture shall make a grant to a land
grant college or university described in paragraph
(2) for the construction of a facility at the college
or university for the conduct of research in animal
health, disease-transmitting insects, and toxic chemi-
cals that requires the use of biocontainment facilities
and equipment. The facility to be constructed with
the grant shall be known as the ‘‘Southwest Re-
gional Animal Health Biocontainment Facility’’.
(2) GRANT RECIPIENT DESCRIBED.—To be eli-
gible for the grant under paragraph (1), a land
grant college or university must be—
(A) located in a State adjacent to the
international border with Mexico; and
(B) determined by the Secretary of Agri-
culture to have an established program in ani-
mal health research and education and to have
a collaborative relationship with one or more
colleges of veterinary medicine or universities
located in Mexico.
(3) ACTIVITIES OF THE FACILITY.—The facility
constructed using the grant made under paragraph
181
(1) shall be used for conducting the following activi-
ties:
(A) The biocontainment facility shall offer
the ability to organize multidisciplinary inter-
national teams working on basic and applied re-
search on diagnostic method development and
disease control strategies, including develop-
ment of vaccines.
(B) The biocontainment facility shall sup-
port research that will improve the scientific
basis for regulatory activities, decreasing the
need for new regulatory programs and enhanc-
ing international trade.
(C) The biocontainment facility shall allow
academic institutions, governmental agencies,
and the private sector to conduct research in
basic and applied research biology, epidemiol-
ogy, pathogenesis, host response, and diagnostic
methods, on disease agents that threaten the
livestock industries of the United States and
Mexico.
(D) The biocontainment facility may be
used to support research involving food safety,
toxicology, 
environmental 
pollutants,
radioisotopes, recombinant microorganisms, and
182
selected naturally resistant or transgenic ani-
mals.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for each fis-
cal year such sums as are necessary to carry out this
subsection.
(i) REPORTS ON INSPECTION OF IMPORTED MEAT,
POULTRY, OTHER FOODS, ANIMALS, AND PLANTS.—
(1) DEFINITIONS.—As used in this subsection:
(A) IMPORTS.—The term ‘‘imports’’ means
any meat, poultry, other food, animal, or plant
that is imported into the United States in com-
mercially significant quantities.
(B) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Agriculture.
(2) IN
GENERAL.—In consultation with rep-
resentatives of other appropriate agencies, the Sec-
retary shall prepare an annual report on the impact
of the Agreement on the inspection of imports.
(3) CONTENTS OF REPORTS.—The report re-
quired under this subsection shall, to the maximum
extent practicable, include a description of—
(A) the quantity or, with respect to the
Customs Service, the number of shipments, of
imports from a NAFTA country that are in-
183
spected at the borders of the United States with
Canada and Mexico during the prior year;
(B) any change in the level or types of in-
spections of imports in each NAFTA country
during the prior year;
(C) in any case in which the Secretary has
determined that the inspection system of an-
other NAFTA country is equivalent to the in-
spection system of the United States, the rea-
sons supporting the determination of the Sec-
retary;
(D) the incidence of violations of inspec-
tion requirements by imports from NAFTA
countries during the prior year—
(i) at the borders of the United States
with Mexico or Canada; or
(ii) at the last point of inspection in
a NAFTA country prior to shipment to the
United States if the agency accepts inspec-
tion in that country;
(E) the incidence of violations of inspection
requirements of imports to the United States
from Mexico or Canada prior to the implemen-
tation of the Agreement;
184
(F) any additional cost associated with
maintaining an adequate inspection system of
imports as a result of the implementation of the
Agreement;
(G) any incidence of transshipment of im-
ports—
(i) that originate in a country other
than a NAFTA country;
(ii) that are shipped to the United
States through a NAFTA country during
the prior year; and
(iii) that are incorrectly represented
by the importer to qualify for preferential
treatment under the Agreement;
(H) the quantity and results of any mon-
itoring by the United States of equivalent in-
spection systems of imports in other NAFTA
countries during the prior year;
(I) the use by other NAFTA countries of
sanitary and phytosanitary measures (as de-
fined in the Agreement) to limit exports of
United States meat, poultry, other foods, ani-
mals, and plants to the countries during the
prior year; and
185
(J) any other information the Secretary
determines to be appropriate.
(4) FREQUENCY OF REPORTS.—The Secretary
shall submit—
(A) the initial report required under this
subsection not later than January 31, 1995;
and
(B) an annual report required under this
subsection not later than 1 year after the date
of the submission of the initial report and the
end of each 1-year period thereafter through
calendar year 2004.
(5) REPORT
TO
CONGRESS.—The Secretary
shall prepare and submit the report required under
this subsection to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
Subtitle F—Corporate Average
Fuel Economy
SEC. 371. CORPORATE AVERAGE FUEL ECONOMY.
(a) IN GENERAL.—Section 503(b)(2) of the Motor
Vehicle Information and Cost Savings Act (15 U.S.C.
2003(b)(2)) is amended by adding at the end the following
new subparagraph:
186
‘‘(G)(i) In accordance with the schedule set out
in clause (ii), an automobile shall be considered do-
mestically manufactured in a model year if at least
75 percent of the cost to the manufacturer of the
automobile is attributable to value added in the
United States, Canada, or Mexico, unless the assem-
bly of the automobile is completed in Canada or
Mexico and the automobile is not imported into the
United States prior to the expiration of 30 days fol-
lowing the end of that model year.
‘‘(ii) Clause (i) shall apply to all automobiles
manufactured by a manufacturer and sold in the
United States, wherever assembled, in accordance
with the following schedule:
‘‘(I) With respect to a manufacturer that
initiated the assembly of automobiles in Mexico
before model year 1992, the manufacturer may
elect, at any time between January 1, 1997,
and January 1, 2004, to have clause (i) apply
to all automobiles it manufactures, beginning
with the model year commencing after the date
of such election.
‘‘(II) With respect to a manufacturer initi-
ating the assembly of automobiles in Mexico
after model year 1991, clause (i) shall apply to
187
all automobiles it manufactures, beginning with
the model year commencing after January 1,
1994, or the model year commencing after the
date that the manufacturer initiates the assem-
bly of automobiles in Mexico, whichever is later.
‘‘(III) With respect to a manufacturer not
described by subclause (I) or (II) assembling
automobiles in the United States or Canada but
not in Mexico, the manufacturer may elect, at
any time between January 1, 1997, and Janu-
ary 1, 2004, to have clause (i) apply to all auto-
mobiles it manufactures, beginning with the
model year commencing after the date of such
election, except that if such manufacturer initi-
ates the assembly of automobiles in Mexico be-
fore making such election, this subclause shall
not apply and the manufacturer shall be subject
to clause (II).
‘‘(IV) With respect to a manufacturer not
assembling automobiles in the United States,
Canada, or Mexico, clause (i) shall apply to all
automobiles it manufactures, beginning with the
model year commencing after January 1, 1994.
‘‘(V) With respect to a manufacturer au-
thorized to make an election under subclause
188
(I) or (III) which has not made that election
within the specified period, clause (i) shall
apply to all automobiles it manufactures, begin-
ning with the model year commencing after
January 1, 2004.
‘‘(iii) The Secretary shall prescribe reasonable
procedures for elections under this subparagraph,
and the EPA Administrator may prescribe rules for
purposes of carrying out this subparagraph.’’.
(b) CONFORMING AMENDMENTS.—The first sentence
of section 503(b)(2)(E) of the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 2003(b)(2)(E)) is
amended—
(1) by striking ‘‘An’’ and inserting ‘‘Except as
provided in subparagraph (G), an’’, and
(2) in the last sentence, by striking ‘‘this sub-
paragraph’’ and inserting ‘‘this subparagraph and
subparagraph (G)’’.
Subtitle G—Government
Procurement
SEC. 381. GOVERNMENT PROCUREMENT.
(a) IN GENERAL.—Section 301 of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2511) is amended—
189
(1) in subsection (a) by striking ‘‘The Presi-
dent’’ and inserting ‘‘Subject to subsection (f) of
this section, the President’’;
(2) by inserting ‘‘or the North American Free
Trade Agreement’’ after ‘‘the Agreement’’ in para-
graph (1) of subsection (b); and
(3) by adding at the end the following new sub-
sections:
‘‘(e) PROCUREMENT PROCEDURES BY CERTAIN FED-
ERAL AGENCIES.—Notwithstanding any other provision of
law, the President may direct any agency of the United
States listed in Annex 1001.1a–2 of the North American
Free Trade Agreement to procure eligible products in
compliance with the procedural provisions of chapter 10
of such Agreement.
‘‘(f) SMALL
BUSINESS
AND
MINORITY
PREF-
ERENCES.—The authority of the President under sub-
section (a) of this section to waive any law, regulation,
procedure, or practice regarding Government procurement
does not authorize the waiver of any small business or mi-
nority preference.’’.
(b) 
RECIPROCAL
COMPETITIVE
PROCUREMENT
PRACTICES.—Section 302(a) of such Act (19 U.S.C.
2512(a)) is amended by striking ‘‘would otherwise be eligi-
ble products’’ in paragraph (1) and inserting ‘‘are prod-
190
ucts covered under the Agreement for procurement by the
United States’’.
(c) DEFINITION OF ELIGIBLE PRODUCT.—Section
308(4)(A) of such Act (19 U.S.C. 2518(4)(A)) is amended
to read as follows:
‘‘(A) IN
GENERAL.—The term ‘eligible
product’ means, with respect to any foreign
country or instrumentality that is—
‘‘(i) a party to the Agreement, a prod-
uct or service of that country or instru-
mentality which is covered under the
Agreement for procurement by the United
States; or
‘‘(ii) a party to the North American
Free Trade Agreement, a product or serv-
ice of that country or instrumentality
which is covered under the North Amer-
ican Free Trade Agreement for procure-
ment by the United States.’’.
(d) CONFORMING AMENDMENTS.—Section 401 of the
Rural Electrification Act of 1938 (7 U.S.C. 903 note) is
amended by inserting ‘‘, Mexico, or Canada’’ after ‘‘the
United States’’ each place it appears.
192
(B) placement on preliminary candidate
lists under subsection (c)(3)(A);
(C) placement on final candidate lists
under subsection (c)(4)(A);
(D) placement by the Trade Representative
on the rosters described in paragraph 1 of
Annex 1901.2 and paragraph 1 of Annex
1904.13; and
(E) appointment by the Trade Representa-
tive for service on the panels and committees
convened under chapter 19;
shall be made on the basis of the criteria provided
in paragraph 1 of Annex 1901.2 and paragraph 1 of
Annex 1904.13 and shall be made without regard to
political affiliation.
(2) ADDITIONAL CRITERIA FOR ROSTER PLACE-
MENTS AND APPOINTMENTS UNDER PARAGRAPH 1
OF ANNEX 1901.2.—Rosters described in paragraph 1
of Annex 1901.2 shall include, to the fullest extent
practicable, judges and former judges who meet the
criteria referred to in paragraph (1). The Trade
Representative shall, subject to subsection (b), ap-
point judges to binational panels convened under
chapter 19, extraordinary challenge committees con-
vened under chapter 19, and special committees es-
193
tablished under article 1905, where such judges
offer and are available to serve and such service is
authorized by the chief judge of the court on which
they sit.
(b) SELECTION OF CERTAIN JUDGES TO SERVE ON
PANELS AND COMMITTEES.—
(1) APPLICABILITY.—This subsection applies
only with respect to the selection of individuals for
binational panels convened under chapter 19, ex-
traordinary challenge committees convened under
chapter 19, and special committees established
under article 1905, who are judges of courts created
under article III of the Constitution of the United
States.
(2) CONSULTATION WITH CHIEF JUDGES.—The
Trade Representative shall consult, from time to
time, with the chief judges of the Federal judicial
circuits regarding the interest in, and availability
for, participation in binational panels, extraordinary
challenge committees, and special committees, of
judges within their respective circuits. If the chief
judge of a Federal judicial circuit determines that it
is appropriate for one or more judges within that
circuit to be included on a roster described in sub-
section (a)(1)(D), the chief judge shall identify all
194
such judges for the Chief Justice of the United
States who may, upon his or her approval, submit
the names of such judges to the Trade Representa-
tive. The Trade Representative shall include the
names of such judges on the roster.
(3) SUBMISSION OF LISTS TO CONGRESS.—The
Trade Representative shall submit to the Committee
on the Judiciary and the Committee on Ways and
Means of the House of Representatives and to the
Committee on Finance and the Committee on the
Judiciary of the Senate a list of all judges included
on a roster under paragraph (2). Such list shall be
submitted at the same time as the final candidate
lists are submitted under subsection (c)(4)(A) and
the final forms of amendments are submitted under
subsection (c)(4)(C)(iv).
(4) APPOINTMENT OF JUDGES TO PANELS OR
COMMITTEES.—At such time as the Trade Rep-
resentative proposes to appoint a judge described in
paragraph (1) to a binational panel, an extraor-
dinary challenge committee, or a special committee,
the Trade Representative shall consult with that
judge in order to ascertain whether the judge is
available for such appointment.
(c) SELECTION OF OTHER CANDIDATES.—
195
(1) APPLICABILITY.—This subsection applies
only with respect to the selection of individuals for
binational panels convened under chapter 19, ex-
traordinary challenge committees convened under
chapter 19, and special committees established
under article 1905, other than those individuals to
whom subsection (b) applies.
(2) INTERAGENCY GROUP.—
(A) ESTABLISHMENT.—There is estab-
lished within the interagency organization es-
tablished under section 242 of the Trade Ex-
pansion Act of 1962 (19 U.S.C. 1872) an inter-
agency group which shall—
(i) be chaired by the Trade Represent-
ative; and
(ii) consist of such officers (or the
designees thereof) of the United States
Government as the Trade Representative
considers appropriate.
(B) FUNCTIONS.—The interagency group
established under subparagraph (A) shall, in a
manner consistent with chapter 19—
(i) prepare by January 3 of each cal-
endar year—
196
(I) a list of individuals who are
qualified to serve as members of bina-
tional panels convened under chapter
19; and
(II) a list of individuals who are
qualified to serve on extraordinary
challenge committees convened under
chapter 19 and special committees es-
tablished under article 1905;
(ii) if the Trade Representative makes
a request under paragraph (4)(C)(i) with
respect to a final candidate list during any
calendar year, prepare by July 1 of such
calendar year a list of those individuals
who are qualified to be added to that final
candidate list;
(iii) exercise oversight of the adminis-
tration of the United States Section that is
authorized to be established under section
105; and
(iv) make recommendations to the
Trade Representative regarding the con-
vening of extraordinary challenge commit-
tees and special committees under chapter
19.
197
(3) PRELIMINARY CANDIDATE LISTS.—
(A) IN GENERAL.—The Trade Representa-
tive shall select individuals from the respective
lists prepared by the interagency group under
paragraph (2)(B)(i) for placement on—
(i) a preliminary candidate list of indi-
viduals eligible to serve as members of bi-
national panels under Annex 1901.2; and
(ii) a preliminary candidate list of in-
dividuals eligible for selection as members
of 
extraordinary 
challenge 
committees
under Annex 1904.13 and special commit-
tees under article 1905.
(B) SUBMISSION OF LISTS TO CONGRES-
SIONAL COMMITTEES.—
(i) IN GENERAL.—No later than Jan-
uary 3 of each calendar year, the Trade
Representative shall submit to the Com-
mittee on Finance of the Senate and the
Committee on Ways and Means of the
House of Representatives (hereafter in this
section referred to as the ‘‘appropriate
Congressional Committees’’) the prelimi-
nary candidate lists of those individuals se-
lected by the Trade Representative under
198
subparagraph (A) to be candidates eligible
to serve on panels or committees convened
pursuant to chapter 19 during the 1-year
period beginning on April 1 of such cal-
endar year.
(ii) ADDITIONAL
INFORMATION.—At
the time the candidate lists are submitted
under clause (i), the Trade Representative
shall submit for each individual on the list
a statement of professional qualifications.
(C) CONSULTATION.—Upon submission of
the preliminary candidate lists under subpara-
graph (B) to the appropriate Congressional
Committees, the Trade Representative shall
consult with such Committees with regard to
the individuals included on the preliminary can-
didate lists.
(D) REVISION OF LISTS.—The Trade Rep-
resentative may add and delete individuals from
the preliminary candidate lists submitted under
subparagraph (B) after consultation with the
appropriate Congressional Committees regard-
ing the additions and deletions. The Trade Rep-
resentative shall provide to the appropriate
Congressional Committees written notice of any
199
addition or deletion of an individual from the
preliminary candidate lists, along with the in-
formation described in subparagraph (B)(ii)
with respect to any proposed addition.
(4) FINAL CANDIDATE LISTS.—
(A) SUBMISSION OF LISTS TO CONGRES-
SIONAL COMMITTEES.—No later than March 31
of each calendar year, the Trade Representative
shall submit to the appropriate Congressional
Committees the final candidate lists of those in-
dividuals selected by the Trade Representative
to be candidates eligible to serve on panels and
committees convened under chapter 19 during
the 1-year period beginning on April 1 of such
calendar year. An individual may be included on
a final candidate list only if such individual was
included in the preliminary candidate list or if
written notice of the addition of such individual
to the preliminary candidate list was submitted
to the appropriate Congressional Committees at
least 15 days before the date on which that
final candidate list is submitted to such Com-
mittees under this subparagraph.
(B) FINALITY OF LISTS.—Except as pro-
vided in subparagraph (C), no additions may be
200
made to the final candidate lists after the final
candidate lists are submitted to the appropriate
Congressional Committees under subparagraph
(A).
(C) AMENDMENT OF LISTS.—
(i) IN GENERAL.—If, after the Trade
Representative has submitted the final
candidate lists to the appropriate Congres-
sional Committees under subparagraph (A)
for a calendar year and before July 1 of
such calendar year, the Trade Representa-
tive determines that additional individuals
need to be added to a final candidate list,
the Trade Representative shall—
(I) request the interagency group
established under paragraph (2)(A) to
prepare a list of individuals who are
qualified to be added to such can-
didate list;
(II) select individuals from the
list prepared by the interagency group
under paragraph (2)(B)(ii) to be in-
cluded in a proposed amendment to
such final candidate list; and
201
(III) by no later than July 1 of
such calendar year, submit to the ap-
propriate Congressional Committees
the proposed amendments to such
final candidate list developed by the
Trade Representative under subclause
(II), along with the information de-
scribed in paragraph (3)(B)(ii).
(ii) CONSULTATION
WITH
CONGRES-
SIONAL
COMMITTEES.—Upon submission
of a proposed amendment under clause
(i)(III) to the appropriate Congressional
Committees, the Trade Representative
shall consult with the appropriate Congres-
sional Committees with regard to the indi-
viduals included in the proposed amend-
ment.
(iii) 
ADJUSTMENT
OF
PROPOSED
AMENDMENT.—The Trade Representative
may add and delete individuals from any
proposed amendment submitted under
clause (i)(III) after consulting with the ap-
propriate Congressional Committees with
regard to the additions and deletions. The
Trade Representative shall provide to the
202
appropriate 
Congressional 
Committees
written notice of any addition or deletion
of an individual from the proposed amend-
ment.
(iv) FINAL AMENDMENT.—
(I) IN GENERAL.—If the Trade
Representative submits under clause
(i)(III) in any calendar year a pro-
posed amendment to a final candidate
list, the Trade Representative shall,
no later than September 30 of such
calendar year, submit to the appro-
priate Congressional Committees the
final form of such amendment. On
October 1 of such calendar year, such
amendment shall take effect and, sub-
ject to subclause (II), the individuals
included in the final form of such
amendment shall be added to the final
candidate list.
(II) 
INCLUSION
OF
INDIVID-
UALS.—An individual may be included
in the final form of an amendment
submitted under subclause (I) only if
such individual was included in the
203
proposed form of such amendment or
if written notice of the addition of
such individual to the proposed form
of such amendment was submitted to
the appropriate Congressional Com-
mittees at least 15 days before the
date on which the final form of such
amendment is submitted to such Com-
mittees under subclause (I).
(III) ELIGIBILITY
FOR
SERV-
ICE.—Individuals added to a final
candidate list under subclause (I)
shall be eligible to serve on panels or
committees convened under chapter
19 during the 6-month period begin-
ning on October 1 of the calendar
year in which such addition occurs.
(IV) 
FINALITY
OF
AMEND-
MENT.—No additions may be made to
the final form of an amendment de-
scribed in subclause (I) after the final
form of such amendment is submitted
to 
the 
appropriate 
Congressional
Committees under subclause (I).
204
(5) TREATMENT OF RESPONSES.—For purposes
of applying section 1001 of title 18, United States
Code, the written or oral responses of individuals to
inquiries of the interagency group established under
paragraph (2)(A) or of the Trade Representative re-
garding their personal and professional qualifica-
tions, and financial and other relevant interests, that
bear on their suitability for the placements and ap-
pointments described in subsection (a)(1), shall be
treated as matters within the jurisdiction of an
agency of the United States.
(d) SELECTION AND APPOINTMENT.—
(1) AUTHORITY OF TRADE REPRESENTATIVE.—
The Trade Representative is the only officer of the
United States Government authorized to act on be-
half of the United States Government in making any
selection or appointment of an individual to—
(A) the rosters described in paragraph 1 of
Annex 1901.2 and paragraph 1 of Annex
1904.13; or
(B) the panels or committees convened
under chapter 19;
that is to be made solely or jointly by the United
States Government under the terms of the Agree-
ment.
205
(2) RESTRICTIONS
ON
SELECTION
AND
AP-
POINTMENT.—Except as provided in paragraph
(3)—
(A) the Trade Representative may—
(i) select an individual for placement
on the rosters described in paragraph 1 of
Annex 1901.2 and paragraph 1 of Annex
1904.13 during the 1-year period begin-
ning on April 1 of any calendar year;
(ii) appoint an individual to serve as
one of those members of any panel or com-
mittee convened under chapter 19 during
such 1-year period who, under the terms of
the Agreement, are to be appointed solely
by the United States Government; or
(iii) act to make a joint appointment
with the Government of a NAFTA coun-
try, under the terms of the Agreement, of
any individual who is a citizen or national
of the United States to serve as any other
member of such a panel or committee;
only if such individual is on the appropriate
final candidate list that was submitted to the
appropriate Congressional Committees under
subsection (c)(4)(A) during such calendar year
206
or on such list as it may be amended under
subsection (c)(4)(C)(iv)(I), or on the list sub-
mitted under subsection (b)(3) to the congres-
sional committees referred to in such sub-
section; and
(B) no individual may—
(i) be selected by the United States
Government for placement on the rosters
described in paragraph 1 of Annex 1901.2
and paragraph 1 of Annex 1904.13; or
(ii) be appointed solely or jointly by
the United States Government to serve as
a member of a panel or committee con-
vened under chapter 19;
during the 1-year period beginning on April 1
of any calendar year for which the Trade Rep-
resentative has not met the requirements of
subsection (a), and of subsection (b) or (c) (as
the case may be).
(3) EXCEPTIONS.—Notwithstanding subsection
(c)(3) (other than subparagraph (B)), (c)(4), or
paragraph (2)(A) of this subsection, individuals in-
cluded on the preliminary candidate lists submitted
to the appropriate Congressional Committees under
subsection (c)(3)(B) may—
207
(A) be selected by the Trade Representa-
tive for placement on the rosters described in
paragraph 1 of Annex 1901.2 and paragraph 1
of Annex 1904.13 during the 3-month period
beginning on the date on which the Agreement
enters into force with respect to the United
States; and
(B) be appointed solely or jointly by the
Trade Representative under the terms of the
Agreement to serve as members of panels or
committees that are convened under chapter 19
during such 3-month period.
(e) TRANSITION.—If the Agreement enters into force
between the United States and a NAFTA country after
January 3, 1994, the provisions of subsection (c) shall be
applied with respect to the calendar year in which such
entering into force occurs—
(1) by substituting ‘‘the date that is 30 days
after the date on which the Agreement enters into
force with respect to the United States’’ for ‘‘Janu-
ary 3 of each calendar year’’ in subsections
(c)(2)(B)(i) and (c)(3)(B)(i); and
(2) by substituting ‘‘the date that is 3 months
after the date on which the Agreement enters into
208
force with respect to the United States’’ for ‘‘March
31 of each calendar year’’ in subsection (c)(4)(A).
(f) IMMUNITY.—With the exception of acts described
in section 777(f)(3) of the Tariff Act of 1930 (19 U.S.C.
1677f(f)(3)), individuals serving on panels or committees
convened pursuant to chapter 19, and individuals des-
ignated to assist the individuals serving on such panels
or committees, shall be immune from suit and legal proc-
ess relating to acts performed by such individuals in their
official capacity and within the scope of their functions
as such panelists or committee members or assistants to
such panelists or committee members.
(g) REGULATIONS.—The administering authority
under title VII of the Tariff Act of 1930, the International
Trade Commission, and the Trade Representative may
promulgate such regulations as are necessary or appro-
priate to carry out actions in order to implement their re-
spective responsibilities under chapter 19. Initial regula-
tions to carry out such functions shall be issued before
the date on which the Agreement enters into force with
respect to the United States.
(h) REPORT TO CONGRESS.—At such time as the
final candidate lists are submitted under subsection
(c)(4)(A) and the final forms of amendments are submit-
ted under subsection (c)(4)(C)(iv), the Trade Representa-
209
tive shall submit to the Committee on the Judiciary and
the Committee on Ways and Means of the House of Rep-
resentatives, and to the Committee on Finance and the
Committee on the Judiciary of the Senate, a report re-
garding the efforts made to secure the participation of
judges and former judges on binational panels, extraor-
dinary challenge committees, and special committees es-
tablished under chapter 19.
SEC. 403. TESTIMONY AND PRODUCTION OF PAPERS IN EX-
TRAORDINARY CHALLENGES.
(a) AUTHORITY
OF EXTRAORDINARY CHALLENGE
COMMITTEE TO OBTAIN INFORMATION.—If an extraor-
dinary challenge committee (hereafter in this section re-
ferred to as the ‘‘committee’’) is convened under para-
graph 13 of article 1904, and the allegations before the
committee include a matter referred to in paragraph
13(a)(i) of article 1904, for the purposes of carrying out
its functions and duties under Annex 1904.13, the com-
mittee—
(1) shall have access to, and the right to copy,
any document, paper, or record pertinent to the sub-
ject matter under consideration, in the possession of
any individual, partnership, corporation, association,
organization, or other entity;
210
(2) may summon witnesses, take testimony, and
administer oaths;
(3) may require any individual, partnership,
corporation, association, organization, or other entity
to produce documents, books, or records relating to
the matter in question; and
(4) may require any individual, partnership,
corporation, association, organization, or other entity
to furnish in writing, in such detail and in such form
as the committee may prescribe, information in its
possession pertaining to the matter.
Any member of the committee may sign subpoenas, and
members of the committee, when authorized by the com-
mittee, may administer oaths and affirmations, examine
witnesses, take testimony, and receive evidence.
(b) WITNESSES AND EVIDENCE.—The attendance of
witnesses who are authorized to be summoned, and the
production of documentary evidence authorized to be or-
dered, under subsection (a) may be required from any
place in the United States at any designated place of hear-
ing. In the case of disobedience to a subpoena authorized
under subsection (a), the committee may request the At-
torney General of the United States to invoke the aid of
any district or territorial court of the United States in
requiring the attendance and testimony of witnesses and
211
the production of documentary evidence. Such court, with-
in the jurisdiction of which such inquiry is carried on,
may, in case of contumacy or refusal to obey a subpoena
issued to any individual, partnership, corporation, associa-
tion, organization, or other entity, issue an order requiring
such individual or entity to appear before the committee,
or to produce documentary evidence if so ordered or to
give evidence concerning the matter in question. Any fail-
ure to obey such order of the court may be punished by
such court as a contempt thereof.
(c) MANDAMUS.—Any court referred to in subsection
(b) shall have jurisdiction to issue writs of mandamus
commanding compliance with the provisions of this section
or any order of the committee made in pursuance thereof.
(d) DEPOSITIONS.—The committee may order testi-
mony to be taken by deposition at any stage of the com-
mittee review. Such deposition may be taken before any
person designated by the committee and having power to
administer oaths. Such testimony shall be reduced to writ-
ing by the person taking the deposition, or under the di-
rection of such person, and shall then be subscribed by
the deponent. Any individual, partnership, corporation, as-
sociation, organization, or other entity may be compelled
to appear and be deposed and to produce documentary evi-
dence in the same manner as witnesses may be compelled
212
to appear and testify and produce documentary evidence
before the committee, as provided in this section.
SEC. 404. REQUESTS FOR REVIEW OF DETERMINATIONS BY
COMPETENT INVESTIGATING AUTHORITIES
OF NAFTA COUNTRIES.
(a) DEFINITIONS.—As used in this section:
(1) COMPETENT INVESTIGATING AUTHORITY.—
The term ‘‘competent investigating authority’’
means the competent investigating authority, as de-
fined in article 1911, of a NAFTA country.
(2) UNITED
STATES
SECRETARY.—The term
‘‘United States Secretary’’ means that officer of the
United States referred to in article 1908.
(b) REQUESTS
FOR
REVIEW
BY
THE
UNITED
STATES.—In the case of a final determination of a com-
petent investigating authority, requests by the United
States for binational panel review of such determination
under article 1904 shall be made by the United States
Secretary.
(c) REQUESTS FOR REVIEW BY A PERSON.—In the
case of a final determination of a competent investigating
authority, a person, within the meaning of paragraph 5
of article 1904, may request a binational panel review of
such determination by filing such a request with the
United States Secretary within the time limit provided for
213
in paragraph 4 of article 1904. The receipt of such request
by the United States Secretary shall be deemed to be a
request for binational panel review within the meaning of
article 1904. The request for such panel review shall be
without prejudice to any challenge before a binational
panel of the basis for a particular request for review.
(d) SERVICE OF REQUEST FOR REVIEW.—Whenever
binational panel review of a final determination made by
a competent investigating authority is requested under
this section, the United States Secretary shall serve a copy
of the request on all persons who would otherwise be enti-
tled under the law of the importing country to commence
proceedings for judicial review of the determination.
SEC. 405. RULES OF PROCEDURE FOR PANELS AND COM-
MITTEES.
(a) RULES OF PROCEDURE FOR BINATIONAL PAN-
ELS.—The administering authority shall prescribe rules,
negotiated in accordance with paragraph 14 of article
1904, governing, with respect to binational panel re-
views—
(1) requests for such reviews, complaints, other
pleadings, and other papers;
(2) the amendment, filing, and service of such
pleadings and papers;
214
(3) the joinder, suspension, and termination of
such reviews; and
(4) other appropriate procedural matters.
(b) RULES OF PROCEDURE FOR EXTRAORDINARY
CHALLENGE COMMITTEES.—The administering authority
shall prescribe rules, negotiated in accordance with para-
graph 2 of Annex 1904.13, governing the procedures for
reviews by extraordinary challenge committees.
(c) RULES OF PROCEDURE FOR SAFEGUARDING THE
PANEL REVIEW SYSTEM.—The administering authority
shall prescribe rules, negotiated in accordance with Annex
1905.6, governing the procedures for special committees
described in such Annex.
(d) PUBLICATION OF RULES.—The rules prescribed
under subsections (a), (b), and (c) shall be published in
the Federal Register.
(e) ADMINISTERING AUTHORITY.—As used in this
section, the term ‘‘administering authority’’ has the mean-
ing given such term in section 771(1) of the Tariff Act
of 1930 (19 U.S.C. 1677(1)).
SEC. 406. SUBSIDY NEGOTIATIONS.
In the case of any trade agreement which may be en-
tered into by the President with a NAFTA country, the
negotiating objectives of the United States with respect
to subsidies shall include—
215
(1) achievement of increased discipline on do-
mestic subsidies provided by a foreign government,
including—
(A) the provision of capital, loans, or loan
guarantees on terms inconsistent with commer-
cial considerations;
(B) the provision of goods or services at
preferential rates;
(C) the granting of funds or forgiveness of
debt to cover operating losses sustained by a
specific industry; and
(D) the assumption of any costs or ex-
penses of manufacture, production, or distribu-
tion;
(2) achievement of increased discipline on ex-
port subsidies provided by a foreign government,
particularly with respect to agricultural products;
and
(3) maintenance of effective remedies against
subsidized imports, including, where appropriate,
countervailing duties.
SEC. 407. IDENTIFICATION OF INDUSTRIES FACING SUB-
SIDIZED IMPORTS.
(a) PETITIONS.—Any entity, including a trade asso-
ciation, firm, certified or recognized union, or group of
216
workers, that is representative of a United States industry
and has reason to believe—
(1) that—
(A) as a result of implementation of provi-
sions of the Agreement, the industry is likely to
face increased competition from subsidized im-
ports, from a NAFTA country, with which it di-
rectly competes; or
(B) the industry is likely to face increased
competition from subsidized imports with which
it directly competes from any other country des-
ignated by the President, following consulta-
tions with the Congress, as benefiting from a
reduction of tariffs or other trade barriers
under a trade agreement that enters into force
with respect to the United States after January
1, 1994; and
(2) that the industry is likely to experience a
deterioration of its competitive position before more
effective rules and disciplines relating to the use of
government subsidies have been developed with re-
spect to the country concerned;
may file with the Trade Representative a petition that
such industry be identified under this section.
217
(b) IDENTIFICATION OF INDUSTRY.—Within 90 days
after receipt of a petition under subsection (a), the Trade
Representative, in consultation with the Secretary of Com-
merce, shall decide whether to identify the industry on the
basis that there is a reasonable likelihood that the industry
may face both the subsidization described in subsection
(a)(1) and the deterioration described in subsection (a)(2).
(c) ACTION AFTER IDENTIFICATION.—At the request
of an entity that is representative of an industry identified
under subsection (b), the Trade Representative shall—
(1) compile and make available to the industry
information under section 308 of the Trade Act of
1974;
(2) recommend to the President that an inves-
tigation by the International Trade Commission be
requested under section 332 of the Tariff Act of
1930; or
(3) take actions described in both paragraphs
(1) and (2).
The industry may request the Trade Representative to
take appropriate action to update (as often as annually)
any information obtained under paragraph (1) or (2), or
both, as the case may be, until an agreement on more ef-
fective rules and disciplines relating to government sub-
218
sidies is reached between the United States and the
NAFTA countries.
(d) INITIATION OF ACTION UNDER OTHER LAW.—
(1) IN
GENERAL.—The Trade Representative
and the Secretary of Commerce shall review infor-
mation obtained under subsection (c) and consult
with the industry identified under subsection (b)
with a view to deciding whether any action is appro-
priate—
(A) under section 301 of the Trade Act of
1974, including the initiation of an investiga-
tion under section 302(c) of that Act (in the
case of the Trade Representative); or
(B) under subtitle A of title VII of the
Tariff Act of 1930, including the initiation of
an investigation under section 702(a) of that
Act (in the case of the Secretary of Commerce).
(2) CRITERIA FOR INITIATION.—In determining
whether to initiate any investigation under section
301 of the Trade Act of 1974 or any other trade
law, other than title VII of the Tariff Act of 1930,
the Trade Representative, after consultation with
the Secretary of Commerce—
219
(A) shall seek the advice of the advisory
committees established under section 135 of the
Trade Act of 1974;
(B) shall consult with the Committee on
Finance of the Senate and the Committee on
Ways and Means of the House of Representa-
tives;
(C) shall coordinate with the interagency
organization established under section 242 of
the Trade Expansion Act of 1962; and
(D) may ask the President to request ad-
vice from the International Trade Commission.
(3) TITLE III ACTIONS.—In the event an inves-
tigation is initiated under section 302(c) of the
Trade Act of 1974 as a result of a review under this
subsection and the Trade Representative, following
such investigation (including any applicable dispute
settlement proceedings under the Agreement or any
other trade agreement), determines to take action
under section 301(a) of such Act, the Trade Rep-
resentative shall give preference to actions that most
directly affect the products that benefit from govern-
mental subsidies and were the subject of the inves-
tigation, unless there are no significant imports of
such products or the Trade Representative otherwise
220
determines that application of the action to other
products would be more effective.
(e) EFFECT OF DECISIONS.—Any decision, whether
positive or negative, or any action by the Trade Represent-
ative or the Secretary of Commerce under this section
shall not in any way—
(1) prejudice the right of any industry to file a
petition under any trade law;
(2) prejudice, affect, or substitute for, any pro-
ceeding, investigation, determination, or action by
the Secretary of Commerce, the International Trade
Commission, or the Trade Representative pursuant
to such a petition, or
(3) prejudice, affect, substitute for, or obviate
any proceeding, investigation, or determination
under section 301 of the Trade Act of 1974, title
VII of the Tariff Act of 1930, or any other trade
law.
(f) STANDING.—Nothing in this section may be con-
strued to alter in any manner the requirements in effect
before the date of the enactment of this Act for standing
under any law of the United States or to add any addi-
tional requirements for standing under any law of the
United States.
221
SEC. 408. TREATMENT OF AMENDMENTS TO ANTIDUMPING
AND COUNTERVAILING DUTY LAW.
Any amendment enacted after the Agreement enters
into force with respect to the United States that is made
to—
(1) section 303 or title VII of the Tariff Act of
1930, or any successor statute, or
(2) any other statute which—
(A) provides for judicial review of final de-
terminations under such section, title, or suc-
cessor statute, or
(B) indicates the standard of review to be
applied,
shall apply to goods from a NAFTA country only to the
extent specified in the amendment.
Subtitle B—Conforming
Amendments and Provisions
SEC. 411. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND
COUNTERVAILING DUTY CASES.
Section 516A of the Tariff Act of 1930 (19 U.S.C.
1516a) is amended as follows:
(1) Subsection (a)(5) (relating to time limits for
commencing review) is amended to read as follows:
‘‘(5) TIME LIMITS IN CASES INVOLVING MER-
CHANDISE FROM FREE TRADE AREA COUNTRIES.—
Notwithstanding any other provision of this sub-
222
section, in the case of a determination to which the
provisions of subsection (g) apply, an action under
this subsection may not be commenced, and the time
limits for commencing an action under this sub-
section shall not begin to run, until the day specified
in whichever of the following subparagraphs applies:
‘‘(A) For a determination described in
paragraph (1)(B) or clause (i), (ii) or (iii) of
paragraph (2)(B), the 31st day after the date
on which notice of the determination is pub-
lished in the Federal Register.
‘‘(B) For a determination described in
clause (vi) of paragraph (2)(B), the 31st day
after the date on which the government of the
relevant FTA country receives notice of the de-
termination.
‘‘(C) For a determination with respect to
which binational panel review has commenced
in accordance with subsection (g)(8), the day
after the date as of which—
‘‘(i) the binational panel has dismissed
binational panel review of the determina-
tion for lack of jurisdiction, and
‘‘(ii) any interested party seeking re-
view of the determination under paragraph
223
(1), (2), or (3) of this subsection has pro-
vided 
timely 
notice 
under 
subsection
(g)(3)(B).
If such an interested party files a summons and
complaint under this subsection after dismissal
by the binational panel, and if a request for an
extraordinary challenge committee is made with
respect to the decision by the binational panel
to dismiss—
‘‘(I) judicial review under this sub-
section shall be stayed during consider-
ation by the committee of the request, and
‘‘(II) the United States Court of
International Trade shall dismiss the ac-
tion if the committee vacates or remands
the binational panel decision to dismiss.
‘‘(D) For a determination for which review
by the United States Court of International
Trade is provided for—
‘‘(i) under subsection (g)(12)(B), the
day after the date of publication in the
Federal Register of notice that article
1904 of the NAFTA has been suspended,
or
224
‘‘(ii) under subsection (g)(12)(D), the
day after the date that notice of settlement
is published in the Federal Register.’’.
(2) Subsection (b)(3) (relating to the standards
of review) is amended—
(A) by inserting ‘‘NAFTA OR’’ after ‘‘DECI-
SIONS BY’’ in the heading; and
(B) by inserting ‘‘of the NAFTA or’’ after
‘‘article 1904’’.
(3) Subsection (f) (relating to definitions) is
amended—
(A) by amending paragraphs (6) and (7)
to read as follows:
‘‘(6) UNITED STATES SECRETARY.—The term
‘United States Secretary’ means—
‘‘(A) the secretary for the United States
Section referred to in article 1908 of the
NAFTA, and
‘‘(B) the secretary of the United States
Section provided for in article 1909 of the
Agreement.
‘‘(7) RELEVANT
FTA
SECRETARY.—The term
‘relevant FTA Secretary’ means the Secretary—
‘‘(A) referred to in article 1908 of the
NAFTA, or
225
‘‘(B) provided for in paragraph 5 of article
1909 of the Agreement,
of the relevant FTA country.’’; and
(B) by adding at the end the following new
paragraphs:
‘‘(8) NAFTA.—The term ‘NAFTA’ means the
North American Free Trade Agreement.
‘‘(9) RELEVANT FTA COUNTRY.—The term ‘rel-
evant FTA country’ means the free trade area coun-
try to which an antidumping or countervailing duty
proceeding pertains.
‘‘(10) FREE TRADE AREA COUNTRY.—The term
‘free trade area country’ means the following:
‘‘(A) Canada for such time as the NAFTA
is in force with respect to, and the United
States applies the NAFTA to, Canada.
‘‘(B) Mexico for such time as the NAFTA
is in force with respect to, and the United
States applies the NAFTA to, Mexico.
‘‘(C) Canada for such time as—
‘‘(i) it is not a free trade area country
under subparagraph (A); and
‘‘(ii) the Agreement is in force with
respect to, and the United States applies
the Agreement to, Canada.’’.
226
(4) Subsection (g) (relating to review of coun-
tervailing and antidumping duty determinations) is
amended as follows:
(A) The subsection heading is amended by
striking out ‘‘CANADIAN MERCHANDISE’’ and
inserting ‘‘FREE TRADE AREA COUNTRY MER-
CHANDISE’’.
(B) Paragraph (1) is amended by striking
out ‘‘Canadian merchandise’’ and inserting
‘‘free trade area country merchandise’’.
(C) Paragraph (2) is amended by inserting
‘‘of the NAFTA or’’ after ‘‘article 1904’’.
(D) Paragraph (3)(A) is amended—
(i) by striking out ‘‘nor Canada’’ and
inserting ‘‘nor the relevant FTA country’’
in each of clauses (i) and (ii);
(ii) by inserting ‘‘of the NAFTA or’’
before ‘‘of the Agreement’’ in each of
clauses (i) and (iii);
(iii) by striking out ‘‘or’’ at the end of
clause (iii);
(iv) by amending clause (iv)—
(I) by striking out ‘‘under para-
graph (2)(A)’’; and
227
(II) by striking out the period
and inserting a comma; and
(v) by adding at the end of subpara-
graph (A) the following:
‘‘(v) a determination as to which bina-
tional panel review has terminated pursu-
ant to paragraph 12 of article 1905 of the
NAFTA, or
‘‘(vi) a determination as to which ex-
traordinary challenge committee review has
terminated pursuant to paragraph 12 of
article 1905 of the NAFTA.’’.
(E) The first and second sentences of
paragraph (3)(B) are amended to read as fol-
lows: ‘‘A determination described in subpara-
graph (A)(i) or (iv) is reviewable under sub-
section (a) only if the party seeking to com-
mence review has provided timely notice of its
intent to commence such review to—
‘‘(i) the United States Secretary and
the relevant FTA Secretary;
‘‘(ii) all interested parties who were
parties to the proceeding in connection
with which the matter arises; and
228
‘‘(iii) the administering authority or
the Commission, as appropriate.
Such notice is timely provided if the notice is
delivered no later than the date that is 20 days
after the date described in subparagraph (A) or
(B) of subsection (a)(5) that is applicable to
such determination, except that, if the time for
requesting binational panel review is suspended
under paragraph (8)(A)(ii) of this subsection,
any unexpired time for providing notice of in-
tent to commence judicial review shall, during
the pendency of any such suspension, also be
suspended.’’.
(F) Paragraph (4)(A) is amended—
(i) in the first sentence—
(I) by inserting ‘‘the North
American Free Trade Agreement Im-
plementation Act implementing the bi-
national dispute settlement system
under chapter 19 of the NAFTA, or’’
after ‘‘or amendment made by,’’;
(II) by inserting a comma before
‘‘violates’’;
(III) by inserting ‘‘only’’ after
‘‘may be brought’’; and
229
(IV) by inserting ‘‘, which shall
have jurisdiction of such action’’ after
‘‘Circuit’’; and
(ii) by striking the last sentence.
(G) Paragraph (5) is amended—
(i) by inserting ‘‘of the NAFTA or’’
after ‘‘article 1904’’ in each of subpara-
graphs (A), (B), and (C)(i);
(ii) by striking out ‘‘, the Canadian
Secretary,’’ in subparagraph (C)(ii) and in-
serting ‘‘, the relevant FTA Secretary,’’;
and
(iii) by inserting ‘‘of the NAFTA or’’
after 
‘‘chapter 
19’’ 
in 
subparagraph
(C)(iii).
(H) Paragraph (6) is amended by inserting
‘‘of the NAFTA or’’ after ‘‘article 1904’’.
(I) Paragraph (7) is amended—
(i) by inserting ‘‘OF THE NAFTA OR
THE AGREEMENT’’ before the period in the
paragraph heading;
(ii) by striking out ‘‘IN GENERAL.—’’
in the heading to subparagraph (A) and in-
serting ‘‘ACTION UPON REMAND.—’’; and
230
(iii) by inserting ‘‘the NAFTA or’’ be-
fore ‘‘the Agreement’’ in subparagraph
(A).
(J) Paragraph (8)(A) is amended—
(i) 
by 
inserting 
‘‘(i) 
GENERAL
RULE.—’’ before ‘‘An interested party’’;
(ii) by inserting ‘‘of the NAFTA or’’
after ‘‘article 1904(4)’’;
(iii) by indenting the text so as to
align it with new clause (ii) (as added by
clause (iv) of this subparagraph); and
(iv) by adding at the end the following
new clause:
‘‘(ii) SUSPENSION
OF
TIME
TO
RE-
QUEST BINATIONAL PANEL REVIEW UNDER
THE NAFTA.—Notwithstanding clause (i),
the time for requesting binational panel re-
view shall be suspended during the pend-
ency of any stay of binational panel review
that is issued pursuant to paragraph 11(a)
of article 1905 of the NAFTA.’’.
(K) Paragraph (8)(B)(ii) is amended by
striking out ‘‘Canadian Secretary,’’ and insert-
ing ‘‘relevant FTA Secretary,’’.
231
(L) Paragraph (8)(C) is amended by strik-
ing out ‘‘under article 1904 of the Agreement
of a determination’’ and inserting ‘‘of a deter-
mination under article 1904 of the NAFTA or
the Agreement’’.
(M) Paragraph (9) is amended by inserting
‘‘of the NAFTA or’’ after ‘‘chapter 19’’.
(N) Paragraph (10) is amended by striking
out ‘‘Government of Canada’’ and all that fol-
lows thereafter and inserting ‘‘Government of
the relevant FTA country received notice of the
determination under paragraph 4 of article
1904 of the NAFTA or the Agreement.’’.
(O) The following new paragraphs are
added at the end:
‘‘(11) SUSPENSION AND TERMINATION OF SUS-
PENSION OF ARTICLE 1904 OF THE NAFTA.—
‘‘(A) SUSPENSION OF ARTICLE 1904.—If a
special committee established under article
1905 of the NAFTA issues an affirmative find-
ing, the Trade Representative may, in accord-
ance with paragraph 8(a) or 9, as appropriate,
of article 1905 of the NAFTA, suspend the op-
eration of article 1904 of the NAFTA.
232
‘‘(B) TERMINATION
OF
SUSPENSION
OF
ARTICLE 1904.—If a special committee is recon-
vened and makes an affirmative determination
described in paragraph 10(b) of article 1905 of
the NAFTA, any suspension of the operation of
article 1904 of the NAFTA shall terminate.
‘‘(12) JUDICIAL
REVIEW
UPON
TERMINATION
OF
BINATIONAL
PANEL
OR
COMMITTEE
REVIEW
UNDER THE NAFTA.—
‘‘(A) NOTICE OF SUSPENSION OR TERMI-
NATION OF SUSPENSION OF ARTICLE 1904.—
‘‘(i) Upon notification by the Trade
Representative or the Government of a
country described in subsection (f)(10)(A)
or (B) that the operation of article 1904 of
the NAFTA has been suspended in accord-
ance with paragraph 8(a) or 9 of article
1905 of the NAFTA, the United States
Secretary shall publish in the Federal Reg-
ister a notice of suspension of article 1904
of the NAFTA.
‘‘(ii) Upon notification by the Trade
Representative or the Government of a
country described in subsection (f)(10)(A)
or (B) that the suspension of the operation
233
of article 1904 of the NAFTA is termi-
nated in accordance with paragraph 10 of
article 1905 of the NAFTA, the United
States Secretary shall publish in the Fed-
eral Register a notice of termination of
suspension of article 1904 of the NAFTA.
‘‘(B) TRANSFER
OF
FINAL
DETERMINA-
TIONS
FOR
JUDICIAL
REVIEW
UPON
SUSPEN-
SION OF ARTICLE 1904.—If the operation of ar-
ticle 1904 of the NAFTA is suspended in ac-
cordance with paragraph 8(a) or 9 of article
1905 of the NAFTA—
‘‘(i) upon the request of an authorized
person described in subparagraph (C), any
final determination that is the subject of a
binational panel review or an extraordinary
challenge committee review shall be trans-
ferred to the United States Court of Inter-
national Trade (in accordance with rules
issued by the Court) for review under sub-
section (a); or
‘‘(ii) in a case in which—
‘‘(I) a binational panel review
was completed fewer than 30 days be-
fore the suspension, and
234
‘‘(II) 
extraordinary 
challenge
committee review has not been re-
quested,
upon the request of an authorized person
described in subparagraph (C) which is
made within 60 days after the completion
of the binational panel review, the final de-
termination that was the subject of the bi-
national panel review shall be transferred
to the United States Court of International
Trade (in accordance with rules issued by
the Court) for review under subsection (a).
‘‘(C) PERSONS AUTHORIZED TO REQUEST
TRANSFER OF FINAL DETERMINATIONS FOR JU-
DICIAL REVIEW.—A request that a final deter-
mination be transferred to the Court of Inter-
national Trade under subparagraph (B) may be
made by—
‘‘(i) if the United States made an alle-
gation under paragraph 1 of article 1905
of the NAFTA and the operation of article
1904 of the NAFTA was suspended pursu-
ant to paragraph 8(a) of article 1905 of
the NAFTA—
235
‘‘(I) the government of the rel-
evant country described in subsection
(f)(10)(A) or (B),
‘‘(II) an interested party that
was a party to the panel or committee
review, or
‘‘(III) an interested party that
was a party to the proceeding in con-
nection with which panel review was
requested, but only if the time period
for filing notices of appearance in the
panel review has not expired, or
‘‘(ii) if a country described in sub-
section (f)(10)(A) or (B) made an allega-
tion under paragraph 1 of article 1905 of
the NAFTA and the operation of article
1904 of the NAFTA was suspended pursu-
ant to paragraph 9 of article 1905 of the
NAFTA—
‘‘(I) the government of that
country,
‘‘(II) an interested party that is
a person of that country and that was
a party to the panel or committee re-
view, or
236
‘‘(III) an interested party that is
a person of that country and that was
a party to the proceeding in connec-
tion with which panel review was re-
quested, but only if the time period
for filing notices of appearance in the
panel review has not expired.
‘‘(D)(i) TRANSFER FOR JUDICIAL REVIEW
UPON SETTLEMENT.—If the Trade Representa-
tive achieves a settlement with the government
of a country described in subsection (f)(10)(A)
or (B) pursuant to paragraph 7 of article 1905
of the NAFTA, and referral for judicial review
is among the terms of such settlement, any
final determination that is the subject of a bi-
national panel review or an extraordinary chal-
lenge committee review shall, upon a request
described in clause (ii), be transferred to the
United States Court of International Trade (in
accordance with rules issued by the Court) for
review under subsection (a).
‘‘(ii) A request referred to in clause (i) is
a request made by—
‘‘(I) the country referred to in clause
(i),
237
‘‘(II) an interested party that was a
party to the panel or committee review, or
‘‘(III) an interested party that was a
party to the proceeding in connection with
which panel review was requested, but only
if the time for filing notices of appearance
in the panel review has not expired.’’.
SEC. 412. CONFORMING AMENDMENTS TO OTHER PROVI-
SIONS OF THE TARIFF ACT OF 1930.
(a) REGULATIONS FOR APPRAISEMENT AND CLASSI-
FICATION; FINALITY
AND DECISION.—Sections 502(b)
and 514(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)
and 1514(b)) are each amended by inserting ‘‘the North
American Free Trade Agreement or’’ before ‘‘the United
States-Canada Free-Trade Agreement’’.
(b) DEFINITION.—Section 771 of the Tariff Act of
1930 (19 U.S.C. 1677) is amended—
(1) by redesignating as paragraph (21) (and
placing in numerical sequence) the second paragraph
that is designated as paragraph (18) (relating to the
definition of the United States-Canada Agreement)
in such section; and
(2) by inserting after paragraph (21) (as redes-
ignated by paragraph (1) of this subsection) the fol-
lowing new paragraph:
238
‘‘(22) NAFTA.—The term ‘NAFTA’ means the
North American Free Trade Agreement.’’.
(c) DISCLOSURE OF PROPRIETARY INFORMATION IN
TITLE VII PROCEEDINGS.—Section 777(f) of the Tariff
Act of 1930 (19 U.S.C. 1677f(f)) is amended—
(1) by inserting ‘‘THE NORTH AMERICAN FREE
TRADE
AGREEMENT
OR’’ before ‘‘THE
UNITED
STATES-CANADA AGREEMENT’’ in the heading;
(2) by inserting ‘‘the NAFTA or’’ before ‘‘the
United States-Canada Agreement’’ each place it ap-
pears in paragraph (1)(A);
(3) in the second sentence of paragraph
(1)(A)—
(A) by inserting ‘‘or extraordinary chal-
lenge committee’’ after ‘‘binational panel’’; and
(B) by inserting ‘‘or committee’’ after ‘‘the
panel’’;
(4) in paragraph (1)(B)—
(A) by inserting ‘‘the NAFTA or’’ before
‘‘the Agreement’’ in clauses (iii) and (iv); and
(B) by striking out ‘‘Government of Can-
ada designated by an authorized agency of Can-
ada’’ in clause (iv) and inserting ‘‘Government
of a free trade area country (as defined in sec-
239
tion 516A(f)(10)) designated by an authorized
agency of such country’’;
(5) in paragraph (2) by inserting ‘‘, including
any extraordinary challenge,’’ after ‘‘binational panel
proceeding’’;
(6) in paragraph (3)—
(A) by inserting ‘‘or extraordinary chal-
lenge committee’’ after ‘‘binational panel’’, and
(B) by inserting ‘‘the NAFTA or’’ before
‘‘the United States-Canada Agreement’’;
(7) by striking out ‘‘agency of Canada’’ in each
of paragraphs (3) and (4) and inserting ‘‘agency of
a free trade area country (as defined in section
516A(f)(10))’’; and
(8) in the first sentence of paragraph (4) by in-
serting ‘‘, except a judge appointed to a binational
panel or an extraordinary challenge committee under
section 402(b) of the North American Free Trade
Agreement Implementation Act,’’ after ‘‘Any per-
son’’.
SEC. 413. CONSEQUENTIAL AMENDMENT TO FREE-TRADE
AGREEMENT ACT OF 1988.
Section 410(a) of the United States-Canada Free-
Trade Agreement Implementation Act of 1988 (19 U.S.C.
2112 note) is amended by adding at the end the following
240
new sentence: ‘‘In calculating the 7-year period referred
to in paragraph (1), any time during which Canada is a
NAFTA country (as defined in section 2(4) of the North
American Free Trade Agreement Implementation Act)
shall be disregarded.’’.
SEC. 414. CONFORMING AMENDMENTS TO TITLE 28, UNITED
STATES CODE.
(a) COURT OF INTERNATIONAL TRADE.—Chapter 95
of title 28, United States Code, is amended—
(1) in section 1581(i) by inserting ‘‘the North
American Free Trade Agreement or’’ before ‘‘the
United States-Canada Free-Trade Agreement’’;
(2) in section 1584—
(A) by amending the section heading to
read as follows:
‘‘§ 1584. Civil actions under the North American Free
Trade Agreement or the United States-
Canada Free-Trade Agreement’’; and
(B) by striking out ‘‘777(d)’’ and inserting
‘‘777(f)’’; and
(3) in the table of contents for such chapter by
amending the entry for section 1584 to read as fol-
lows:
‘‘1584. Civil actions under the North American Free Trade Agreement or the
United States-Canada Free-Trade Agreement.’’.
241
(b) PARTICULAR PROCEEDINGS.—Sections 2201(a)
and 2643(c)(5) of title 28, United States Code, are each
amended by striking out ‘‘Canadian merchandise,’’ and in-
serting ‘‘merchandise of a free trade area country (as de-
fined in section 516A(f)(10) of the Tariff Act of 1930),’’.
SEC. 415. EFFECT OF TERMINATION OF NAFTA COUNTRY
STATUS.
(a) IN GENERAL.—Except as provided in subsection
(b), on the date on which a country ceases to be a NAFTA
country, the provisions of this title (other than this sec-
tion) and the amendments made by this title shall cease
to have effect with respect to that country.
(b) TRANSITION PROVISIONS.—
(1) PROCEEDINGS REGARDING PROTECTIVE OR-
DERS AND UNDERTAKINGS.—If on the date on which
a country ceases to be a NAFTA country an inves-
tigation or enforcement proceeding concerning the
violation of a protective order issued under section
777(f) of the Tariff Act of 1930 (as amended by
this subtitle) or an undertaking of the Government
of that country is pending, the investigation or pro-
ceeding shall continue, and sanctions may continue
to be imposed, in accordance with the provisions of
such section 777(f).
242
(2) BINATIONAL PANEL AND EXTRAORDINARY
CHALLENGE COMMITTEE REVIEWS.—If on the date
on which a country ceases to be a NAFTA coun-
try—
(A) a binational panel review under article
1904 of the Agreement is pending, or has been
requested; or
(B) an extraordinary challenge committee
review under article 1904 of the Agreement is
pending, or has been requested;
with respect to a determination which involves a
class or kind of merchandise and to which section
516A(g)(2) of the Tariff Act of 1930 applies, such
determination shall be reviewable under section
516A(a) of the Tariff Act of 1930. In the case of
a determination to which the provisions of this para-
graph apply, the time limits for commencing an ac-
tion under 516A(a) of the Tariff Act of 1930 shall
not begin to run until the date on which the Agree-
ment ceases to be in force with respect to that coun-
try.
SEC. 416. EFFECTIVE DATE.
The provisions of this title and the amendments made
by this title take effect on the date the Agreement enters
243
into force with respect to the United States, but shall not
apply—
(1) to any final determination described in
paragraph (1)(B), or (2)(B)(i), (ii), or (iii), of sec-
tion 516A(a) of the Tariff Act of 1930 notice of
which is published in the Federal Register before
such date, or to a determination described in para-
graph (2)(B)(vi) of section 516A(a) of such Act no-
tice of which is received by the Government of Can-
ada or Mexico before such date; or
(2) to any binational panel review under the
United States-Canada Free-Trade Agreement, or
any extraordinary challenge arising out of any such
review, that was commenced before such date.
TITLE V—NAFTA TRANSITIONAL
ADJUSTMENT 
ASSISTANCE
AND OTHER PROVISIONS
Subtitle A—NAFTA Transitional
Adjustment Assistance Program
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ‘‘NAFTA Worker
Security Act’’.
244
SEC. 502. ESTABLISHMENT OF NAFTA TRANSITIONAL AD-
JUSTMENT ASSISTANCE PROGRAM.
Chapter 2 of title II of the Trade Act of 1974 (19
U.S.C. 2271 et seq.) is amended by adding at the end
the following new subchapter:
‘‘Subchapter D—NAFTA Transitional
Adjustment Assistance Program
‘‘SEC. 250. ESTABLISHMENT OF TRANSITIONAL PROGRAM.
‘‘(a) GROUP ELIGIBILITY REQUIREMENTS.—
‘‘(1) CRITERIA.—A group of workers (including
workers in any agricultural firm or subdivision of an
agricultural firm) shall be certified as eligible to
apply for adjustment assistance under this sub-
chapter pursuant to a petition filed under subsection
(b) if the Secretary determines that a significant
number or proportion of the workers in such work-
ers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated,
and either—
‘‘(A) that—
‘‘(i) the sales or production, or both,
of such firm or subdivision have decreased
absolutely,
‘‘(ii) imports from Mexico or Canada
of articles like or directly competitive with
245
articles produced by such firm or subdivi-
sion have increased, and
‘‘(iii) the increase in imports under
clause (ii) contributed importantly to such
workers’ separation or threat of separation
and to the decline in the sales or produc-
tion of such firm or subdivision; or
‘‘(B) that there has been a shift in produc-
tion by such workers’ firm or subdivision to
Mexico or Canada of articles like or directly
competitive with articles which are produced by
the firm or subdivision.
‘‘(2) DEFINITION
OF
CONTRIBUTED
IMPOR-
TANTLY.—The term ‘contributed importantly’, as
used in paragraph (1)(A)(iii), means a cause which
is important but not necessarily more important
than any other cause.
‘‘(3) REGULATIONS.—The Secretary shall issue
regulations relating to the application of the criteria
described in paragraph (1) in making preliminary
findings under subsection (b) and determinations
under subsection (c).
‘‘(b) PRELIMINARY FINDINGS AND BASIC ASSIST-
ANCE.—
246
‘‘(1) FILING OF PETITIONS.—A petition for cer-
tification of eligibility to apply for adjustment assist-
ance under this subchapter may be filed by a group
of workers (including workers in any agricultural
firm or subdivision of an agricultural firm) or by
their certified or recognized union or other duly au-
thorized representative with the Governor of the
State in which such workers’ firm or subdivision
thereof is located.
‘‘(2) FINDINGS
AND
ASSISTANCE.—Upon re-
ceipt of a petition under paragraph (1), the Gov-
ernor shall—
‘‘(A) notify the Secretary that the Gov-
ernor has received the petition;
‘‘(B) within 10 days after receiving the pe-
tition—
‘‘(i) make a preliminary finding as to
whether the petition meets the criteria de-
scribed in subsection (a)(1) (and for pur-
poses of this clause the criteria described
under subparagraph (A)(iii) of such sub-
section shall be disregarded), and
‘‘(ii) transmit the petition, together
with a statement of the finding under
247
clause (i) and reasons therefor, to the Sec-
retary for action under subsection (c); and
‘‘(C) if the preliminary finding under sub-
paragraph (B)(i) is affirmative, ensure that
rapid response and basic readjustment services
authorized under other Federal law are made
available to the workers.
‘‘(c) REVIEW OF PETITIONS BY SECRETARY; CER-
TIFICATIONS.—
‘‘(1) IN GENERAL.—The Secretary, within 30
days after receiving a petition under subsection (b),
shall determine whether the petition meets the cri-
teria described in subsection (a)(1). Upon a deter-
mination that the petition meets such criteria, the
Secretary shall issue to workers covered by the peti-
tion a certification of eligibility to apply for assist-
ance described in subsection (d).
‘‘(2) DENIAL OF CERTIFICATION.—Upon denial
of certification with respect to a petition under para-
graph (1), the Secretary shall review the petition in
accordance with the requirements of subchapter A to
determine if the workers may be certified under such
subchapter.
‘‘(d) COMPREHENSIVE ASSISTANCE.—Workers cov-
ered by certification issued by the Secretary under sub-
248
section (c) shall be provided, in the same manner and to
the same extent as workers covered under a certification
under subchapter A, the following:
‘‘(1) Employment services described in section
235.
‘‘(2) Training described in section 236, except
that notwithstanding the provisions of section
236(a)(2)(A), the total amount of payments for
training under this subchapter for any fiscal year
shall not exceed $30,000,000.
‘‘(3) Trade readjustment allowances described
in sections 231 through 234, except that—
‘‘(A) 
the 
provisions 
of 
sections
231(a)(5)(C) and 231(c), authorizing the pay-
ment of trade readjustment allowances upon a
finding that it is not feasible or appropriate to
approve a training program for a worker, shall
not be applicable to payment of such allowances
under this subchapter; and
‘‘(B) notwithstanding the provisions of sec-
tion 233(b), in order for a worker to qualify for
trade readjustment allowances under this sub-
chapter, the worker shall be enrolled in a train-
ing program approved by the Secretary under
section 236(a) by the later of—
249
‘‘(i) the last day of the 16th week of
such worker’s initial unemployment com-
pensation benefit period, or
‘‘(ii) the last day of the 6th week after
the week in which the Secretary issues a
certification covering such worker.
In cases of extenuating circumstances relating to en-
rollment in a training program, the Secretary may
extend the time for enrollment for a period not to
exceed 30 days .
‘‘(4) Job search allowances described in section
237.
‘‘(5) Relocation allowances described in section
238.
‘‘(e) ADMINISTRATION.—The provisions of sub-
chapter C shall apply to the administration of the program
under this subchapter in the same manner and to the
same extent as such provisions apply to the administration
of the program under subchapters A and B, except that
the agreement between the Secretary and the States de-
scribed in section 239 shall specify the procedures that
will be used to carry out the certification process under
subsection (c) and the procedures for providing relevant
data by the Secretary to assist the States in making pre-
liminary findings under subsection (b).’’.
250
SEC. 503. CONFORMING AMENDMENTS.
(a) REFERENCES.—Sections 221(a), 222(a), and
223(a) of the Trade Act of 1974 (19 U.S.C. 2271(a),
2272(a), and 2273(a)) are each amended by striking out
‘‘assistance under this chapter’’ and inserting ‘‘assistance
under this subchapter’’.
(b) BENEFIT INFORMATION.—Section 225(b) of the
Trade Act of 1974 (19 U.S.C. 2275(b)) is amended by
inserting ‘‘or subchapter D’’ after ‘‘subchapter A’’ each
place it appears.
(c) NONDUPLICATION OF ASSISTANCE.—Subchapter
C of chapter 2 of title II of the Trade Act of 1974 is
amended by adding at the end the following new section:
‘‘SEC. 249A. NONDUPLICATION OF ASSISTANCE.
‘‘No worker may receive assistance relating to a sepa-
ration pursuant to certifications under both subchapters
A and D of this chapter.’’.
(d) JUDICIAL REVIEW.—Section 284(a) of the Trade
Act of 1974 (19 U.S.C. 2395(a)) is amended by inserting
‘‘or section 250(c)’’ after ‘‘section 223’’.
(e) TABLE OF CONTENTS.—The table of contents for
chapter 2 of title II of the Trade Act of 1974 is amend-
ed—
(1) by inserting after the item relating to sec-
tion 249 the following new item:
‘‘Sec. 249A. Nonduplication of assistance.’’;
251
and
(2) by adding at the end thereof the following
new items:
‘‘SUBCHAPTER D—NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM
‘‘Sec. 250. Establishment of transitional program.’’.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
Section 245 of the Trade Act of 1974 (19 U.S.C.
2317) is amended—
(1) by striking ‘‘There’’ and inserting ‘‘(a) IN
GENERAL.—There’’,
(2) by inserting ‘‘, other than subchapter D’’
after ‘‘chapter’’, and
(3) by adding at the end the following new sub-
section:
‘‘(b) SUBCHAPTER D.—There are authorized to be
appropriated to the Department of Labor, for each of fis-
cal years 1994, 1995, 1996, 1997, and 1998, such sums
as may be necessary to carry out the purposes of sub-
chapter D of this chapter.’’.
SEC. 505. TERMINATION OF TRANSITION PROGRAM.
Subsection (c) of section 285 of the Trade Act of
1974 (19 U.S.C. 2271 preceding note) is amended—
(1) by striking ‘‘No’’ and inserting ‘‘(1) Except
as provided in paragraph (2), no’’; and
(2) by adding at the end the following new
paragraph:
252
‘‘(2)(A) Except as provided in subparagraph (B), no
assistance, vouchers, allowances, or other payments may
be provided under subchapter D of chapter 2 after the
day that is the earlier of—
‘‘(i) September 30, 1998, or
‘‘(ii) the date on which legislation, establishing
a program providing dislocated workers with com-
prehensive assistance substantially similar to the as-
sistance provided by such subchapter D, becomes ef-
fective.
‘‘(B) Notwithstanding subparagraph (A), if, on or be-
fore the day described in subparagraph (A), a worker—
‘‘(i) is certified as eligible to apply for assist-
ance, under subchapter D of chapter 2; and
‘‘(ii) is otherwise eligible to receive assistance in
accordance with section 250,
such worker shall continue to be eligible to receive such
assistance for any week for which the worker meets the
eligibility requirements of such section.’’.
SEC. 506. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by sec-
tions 501, 502, 503, 504, and 505 shall take effect on
the date the Agreement enters into force with respect to
the United States.
(b) COVERED WORKERS.—
253
(1) GENERAL
RULE.—Except as provided in
paragraph (2), no worker shall be certified as eligi-
ble to receive assistance under subchapter D of
chapter 2 of title II of the Trade Act of 1974 (as
added by this subtitle) whose last total or partial
separation from a firm (or appropriate subdivision of
a firm) occurred before such date of entry into force.
(2) REACHBACK.—Notwithstanding paragraph
(1), any worker—
(A) whose last total or partial separation
from a firm (or appropriate subdivision of a
firm) occurs—
(i) after the date of the enactment of
this Act, and
(ii) before such date of entry into
force, and
(B) who would otherwise be eligible to re-
ceive assistance under subchapter D of chapter
2 of title II of the Trade Act of 1974,
shall be eligible to receive such assistance in the
same manner as if such separation occurred on or
after such date of entry into force.
254
SEC. 507. TREATMENT OF SELF-EMPLOYMENT ASSISTANCE
PROGRAMS.
(a) GENERAL RULE.—Section 3306 of the Internal
Revenue Code of 1986 is amended by adding at the end
the following new subsection:
‘‘(t) SELF-EMPLOYMENT ASSISTANCE PROGRAM.—
For the purposes of this chapter, the term ‘self-employ-
ment assistance program’ means a program under
which—
‘‘(1) individuals who meet the requirements de-
scribed in paragraph (3) are eligible to receive an al-
lowance in lieu of regular unemployment compensa-
tion under the State law for the purpose of assisting
such individuals in establishing a business and be-
coming self-employed;
‘‘(2) the allowance payable to individuals pursu-
ant to paragraph (1) is payable in the same amount,
at the same interval, on the same terms, and subject
to the same conditions, as regular unemployment
compensation under the State law, except that—
‘‘(A) State requirements relating to avail-
ability for work, active search for work, and re-
fusal to accept work are not applicable to such
individuals;
‘‘(B) State requirements relating to dis-
qualifying income are not applicable to income
255
earned from self-employment by such individ-
uals; and
‘‘(C) such individuals are considered to be
unemployed for the purposes of Federal and
State laws applicable to unemployment com-
pensation,
as long as such individuals meet the requirements
applicable under this subsection;
‘‘(3) individuals may receive the allowance
described in paragraph (1) if such individuals—
‘‘(A) are eligible to receive regular unem-
ployment compensation under the State law, or
would be eligible to receive such compensation
except for the requirements described in sub-
paragraph (A) or (B) of paragraph (2);
‘‘(B) are identified pursuant to a State
worker profiling system as individuals likely to
exhaust regular unemployment compensation;
and
‘‘(C) are participating in self-employment
assistance activities which—
‘‘(i) include entrepreneurial training,
business counseling, and technical assist-
ance; and
256
‘‘(ii) are approved by the State agen-
cy; and
‘‘(D) are actively engaged on a full-time
basis in activities (which may include training)
relating to the establishment of a business and
becoming self-employed;
‘‘(4) the aggregate number of individuals receiv-
ing the allowance under the program does not at any
time exceed 5 percent of the number of individuals
receiving regular unemployment compensation under
the State law at such time;
‘‘(5) the program does not result in any cost to
the Unemployment Trust Fund (established by sec-
tion 904(a) of the Social Security Act) in excess of
the cost that would be incurred by such State and
charged to such Fund if the State had not partici-
pated in such program; and
‘‘(6) the program meets such other require-
ments as the Secretary of Labor determines to be
appropriate.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 3304(a)(4) of such Code is amend-
ed—
(A) in subparagraph (D), by striking ‘‘;
and’’ and inserting a semicolon;
257
(B) in subparagraph (E), by striking the
semicolon and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(F) amounts may be withdrawn for the
payment of allowances under a self-employment
assistance program (as defined in section
3306(t));’’.
(2) Section 3306(f) of such Code is amended—
(A) in paragraph (3), by striking ‘‘; and’’
and inserting a semicolon;
(B) in paragraph (4), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) amounts may be withdrawn for the pay-
ment of allowances under a self-employment assist-
ance program (as defined in subsection (t)).’’.
(3) Section 303(a)(5) of the Social Security Act
(42 U.S.C. 503(a)(5)) is amended by striking ‘‘;
and’’ and inserting ‘‘: Provided further, That
amounts may be withdrawn for the payment of al-
lowances under a self-employment assistance pro-
gram (as defined in section 3306(t) of the Internal
Revenue Code of 1986); and’’.
258
(c) STATE REPORTS.—Any State operating a self-em-
ployment program authorized by the Secretary of Labor
under this section shall report annually to the Secretary
on the number of individuals who participate in the self-
employment assistance program, the number of individ-
uals who are able to develop and sustain businesses, the
operating costs of the program, compliance with program
requirements, and any other relevant aspects of program
operations requested by the Secretary.
(d) REPORT TO CONGRESS.—Not later than 4 years
after the date of the enactment of this Act, the Secretary
of Labor shall submit a report to the Congress with re-
spect to the operation of the program authorized under
this section. Such report shall be based on the reports re-
ceived from the States pursuant to subsection (c) and in-
clude such other information as the Secretary of Labor
determines is appropriate.
(e) EFFECTIVE DATE; SUNSET.—
(1) EFFECTIVE DATE.—The provisions of this
section and the amendments made by this section
shall take effect on the date of the enactment of this
Act.
(2) SUNSET.—The authority provided by this
section, and the amendments made by this section,
259
shall terminate 5 years after the date of the enact-
ment of this Act.
Subtitle B—Provisions Relating to
Performance Under the Agreement
SEC. 511. DISCRIMINATORY TAXES.
It is the sense of the Congress that when a State,
province, or other governmental entity of a NAFTA coun-
try discriminatorily enforces sales or other taxes so as to
afford protection to domestic production or domestic serv-
ice providers, such enforcement is in violation of the terms
of the Agreement. When such discriminatory enforcement
adversely affects United States producers of goods or
United States service providers, the Trade Representative
should pursue all appropriate remedies to obtain removal
of such discriminatory enforcement, including invocation
of the provisions of the Agreement.
SEC. 512. REVIEW OF THE OPERATION AND EFFECTS OF
THE AGREEMENT.
(a) STUDY.—By not later than July 1, 1997, the
President shall provide to the Congress a comprehensive
study on the operation and effects of the Agreement. The
study shall include an assessment of the following factors:
(1) The net effect of the Agreement on the
economy of the United States, including with respect
260
to the United States gross national product, employ-
ment, balance of trade, and current account balance.
(2) The industries (including agricultural indus-
tries) in the United States that have significantly in-
creased exports to Mexico or Canada as a result of
the Agreement, or in which imports into the United
States from Mexico or Canada have increased sig-
nificantly as a result of the Agreement, and the ex-
tent of any change in the wages, employment, or
productivity in each such industry as a result of the
Agreement.
(3) The extent to which investment in new or
existing production or other operations in the United
States has been redirected to Mexico as a result of
the Agreement, and the effect on United States em-
ployment of such redirection.
(4) The extent of any increase in investment,
including foreign direct investment and increased in-
vestment by United States investors, in new or exist-
ing production or other operations in the United
States as a result of the Agreement, and the effect
on United States employment of such investment.
(5) The extent to which the Agreement has con-
tributed to—
261
(A) improvement in real wages and work-
ing conditions in Mexico,
(B) effective enforcement of labor and en-
vironmental laws in Mexico, and
(C) the reduction or abatement of pollution
in the region of the United States-Mexico bor-
der.
(b) SCOPE.—In assessing the factors listed in sub-
section (a), to the extent possible, the study shall distin-
guish between the consequences of the Agreement and
events that likely would have occurred without the Agree-
ment. In addition, the study shall evaluate the effects of
the Agreement relative to aggregate economic changes
and, to the extent possible, relative to the effects of other
factors, including—
(1) international competition,
(2) reductions in defense spending,
(3) the shift from traditional manufacturing to
knowledge and information based economic activity,
and
(4) the Federal debt burden.
(c) RECOMMENDATIONS OF THE PRESIDENT.—The
study shall include any appropriate recommendations by
the President with respect to the operation and effects of
262
the Agreement, including recommendations with respect to
the specific factors listed in subsection (a).
(d) RECOMMENDATIONS
OF
CERTAIN
COMMIT-
TEES.—The President shall provide the study to the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate and
any other committee that has jurisdiction over any provi-
sion of United States law that was either enacted or
amended by the North American Free Trade Agreement
Implementation Act. Each such committee may hold hear-
ings and make recommendations to the President with re-
spect to the operation and effects of the Agreement.
SEC. 513. ACTIONS AFFECTING UNITED STATES CULTURAL
INDUSTRIES.
Section 182 of the Trade Act of 1974 (19 U.S.C.
2242) is amended by adding at the end the following new
subsection:
‘‘(f) SPECIAL RULE FOR ACTIONS AFFECTING UNIT-
ED STATES CULTURAL INDUSTRIES.—
‘‘(1) IN GENERAL.—By no later than the date
that is 30 days after the date on which the annual
report is submitted to Congressional committees
under section 181(b), the Trade Representative shall
identify any act, policy, or practice of Canada
which—
263
‘‘(A) affects cultural industries,
‘‘(B) is adopted or expanded after Decem-
ber 17, 1992, and
‘‘(C) is actionable under article 2106 of
the North American Free Trade Agreement.
‘‘(2) SPECIAL RULES FOR IDENTIFICATIONS.—
For purposes of section 302(b)(2)(A), an act, policy,
or practice identified under this subsection shall be
treated as an act, policy, or practice that is the basis
for identification of a country under subsection
(a)(2), unless the United States has already taken
action pursuant to article 2106 of the North Amer-
ican Free Trade Agreement in response to such act,
policy, or practice. In deciding whether to identify
an act, policy, or practice under paragraph (1), the
Trade Representative shall—
‘‘(A) consult with and take into account
the views of representatives of the relevant do-
mestic industries, appropriate committees es-
tablished pursuant to section 135, and appro-
priate officers of the Federal Government, and
‘‘(B) take into account the information
from such sources as may be available to the
Trade Representative and such information as
may be submitted to the Trade Representative
264
by interested persons, including information
contained in reports submitted under section
181(b).
‘‘(3) CULTURAL INDUSTRIES.—For purposes of
this subsection, the term ‘cultural industries’ means
persons engaged in any of the following activities:
‘‘(A) The publication, distribution, or sale
of books, magazines, periodicals, or newspapers
in print or machine readable form but not in-
cluding the sole activity of printing or type-
setting any of the foregoing.
‘‘(B) The production, distribution, sale, or
exhibition of film or video recordings.
‘‘(C) The production, distribution, sale, or
exhibition of audio or video music recordings.
‘‘(D) The publication, distribution, or sale
of music in print or machine readable form.
‘‘(E) Radio communications in which the
transmissions are intended for direct reception
by the general public, and all radio, television,
and cable broadcasting undertakings and all
satellite programming and broadcast network
services.’’.
265
SEC. 514. REPORT ON IMPACT OF NAFTA ON MOTOR VEHI-
CLE EXPORTS TO MEXICO.
(a) FINDINGS.—The Congress makes the following
findings:
(1 ) Trade in motor vehicles and motor vehicle
parts is one of the most restricted areas of trade be-
tween the United States and Mexico.
(2) The elimination of Mexico’s restrictive bar-
riers to trade in motor vehicles and motor vehicle
parts over a 10-year period under the Agreement
should increase substantially United States exports
of such products to Mexico.
(3) The Department of Commerce estimates
that the Agreement provides the opportunity to in-
crease United States exports of motor vehicles and
motor vehicle parts by $1,000,000,000 during the
first year of the Agreement’s implementation with
the potential for additional increases over the 10-
year transition period.
(4) The United States automotive industry has
estimated that United States exports of motor vehi-
cles to Mexico should increase to more than 60,000
units during the first year of the Agreement’s imple-
mentation, which is substantially above the current
level of 4,000 units.
266
(b) TRADE REPRESENTATIVE REPORT.—No later
than July 1, 1995, and annually thereafter through 1999,
the Trade Representative shall submit a report to the
Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives on
how effective the provisions of the Agreement are with re-
spect to increasing United States exports of motor vehicles
and motor vehicle parts to Mexico. Each report shall iden-
tify and determine the following:
(1) The patterns of trade in motor vehicles and
motor vehicle parts between the United States and
Mexico during the preceding 12-month period.
(2) The level of tariff and nontariff barriers
that were in force during the preceding 12-month
period.
(3) The amount by which United States exports
of motor vehicles and motor vehicle parts to Mexico
have increased from the preceding 12-month period
as a result of the elimination of Mexican tariff and
nontariff barriers under the Agreement.
(4) Whether any such increase in United States
exports meets the levels of new export opportunities
anticipated under the Agreement.
(5) If the anticipated levels of new United
States export opportunities are not reached, what
267
actions the Trade Representative is prepared to take
to realize the benefits anticipated under the Agree-
ment, including possible initiation of additional ne-
gotiations with Mexico for the purpose of seeking
modifications of the Agreement.
SEC. 515. CENTER FOR THE STUDY OF WESTERN HEMI-
SPHERIC TRADE.
(a) AMENDMENT
TO
THE CBI.—The Caribbean
Basin Economic Recovery Act (19 U.S.C. 2701 et seq.)
is amended by inserting after section 218 the following
new section:
‘‘SEC. 219. CENTER FOR THE STUDY OF WESTERN HEMI-
SPHERIC TRADE.
‘‘(a) ESTABLISHMENT.—The Commissioner of Cus-
toms, after consultation with appropriate officials in the
State of Texas, is authorized and directed to make grants
to an institution (or a consortium of such institutions) to
assist such institution in planning, establishing, and oper-
ating a Center for the Study of Western Hemispheric
Trade (hereafter in this section referred to as the ‘Cen-
ter’). The Commissioner of Customs shall make the first
grant not later than December 1, 1994, and the Center
shall be established not later than February 1, 1995.
‘‘(b) SCOPE OF THE CENTER.—The Center shall be
a year-round program operated by an institution located
268
in the State of Texas (or a consortium of such institu-
tions), the purpose of which is to promote and study trade
between and among Western Hemisphere countries. The
Center shall conduct activities designed to examine—
‘‘(1) the impact of the NAFTA on the econo-
mies in, and trade within, the Western Hemisphere,
‘‘(2) the negotiation of any future free trade
agreements, including possible accessions to the
NAFTA; and
‘‘(3) adjusting tariffs, reducing nontariff bar-
riers, improving relations among customs officials,
and promoting economic relations among countries
in the Western Hemisphere.
‘‘(c) CONSULTATION; SELECTION CRITERIA.—The
Commissioner of Customs shall consult with appropriate
officials of the State of Texas and private sector authori-
ties with respect to selecting, planning, and establishing
the Center. In selecting the appropriate institution, the
Commissioner of Customs shall give consideration to—
‘‘(1) the institution’s ability to carry out the
programs and activities described in this section;
and
‘‘(2) any resources the institution can provide
the Center in addition to Federal funds provided
under this program.
269
‘‘(d) PROGRAMS AND ACTIVITIES.—The Center shall
conduct the following activities:
‘‘(1) Provide forums for international discussion
and debate for representatives from countries in the
Western Hemisphere regarding issues which affect
trade and other economic relations within the hemi-
sphere, including the impact of the NAFTA on indi-
vidual economies and the desirability and feasibility
of possible accessions to the NAFTA by such coun-
tries.
‘‘(2) Conduct studies and research projects on
subjects which affect Western Hemisphere trade, in-
cluding tariffs, customs, regional and national eco-
nomics, business development and finance, produc-
tion and personnel management, manufacturing, ag-
riculture, engineering, transportation, immigration,
telecommunications, medicine, science, urban stud-
ies, border demographics, social anthropology, and
population.
‘‘(3) Publish materials, disseminate informa-
tion, and conduct seminars and conferences to sup-
port and educate representatives from countries in
the Western Hemisphere who seek to do business
with or invest in other Western Hemisphere coun-
tries.
270
‘‘(4) Provide grants, fellowships, endowed
chairs, and financial assistance to outstanding schol-
ars and authorities from Western Hemisphere coun-
tries.
‘‘(5) Provide grants, fellowships, and other fi-
nancial assistance to qualified graduate students,
from Western Hemisphere countries, to study at the
Center.
‘‘(6) Implement academic exchange programs
and other cooperative research and instructional
agreements with the complementary North/South
Center at the University of Miami at Coral Gables.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) NAFTA.—The term ‘NAFTA’ means the
North American Free Trade Agreement.
‘‘(2) WESTERN HEMISPHERE COUNTRIES.—The
terms ‘Western Hemisphere countries’, ‘countries in
the Western Hemisphere’, and ‘Western Hemi-
sphere’ mean Canada, the United States, Mexico,
countries located in South America, beneficiary
countries (as defined by section 212), the Common-
wealth of Puerto Rico, and the United States Virgin
Islands.
‘‘(f) FEES
FOR SEMINARS
AND PUBLICATIONS.—
Notwithstanding any other provision of law, a grant made
271
under this section may provide that the Center may charge
a reasonable fee for attendance at seminars and con-
ferences and for copies of publications, studies, reports,
and other documents the Center publishes. The Center
may waive such fees in any case in which it determines
imposing a fee would impose a financial hardship and the
purposes of the Center would be served by granting such
a waiver.
‘‘(g) DURATION OF GRANT.—The Commissioner of
Customs is directed to make grants to any institution or
institutions selected as the Center for fiscal years 1994,
1995, 1996, and 1997.
‘‘(h) REPORT.—The Commissioner of Customs shall,
no later than July 1, 1994, and annually thereafter for
years for which grants are made, submit a written report
to the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representa-
tives. The first report shall include—
‘‘(1) a statement identifying the institution or
institutions selected as the Center,
‘‘(2) the reasons for selecting the institution or
institutions as the Center, and
‘‘(3) the plan of such institution or institutions
for operating the Center.
272
Each subsequent report shall include information with re-
spect to the operations of the Center, the collaboration of
the Center with, and dissemination of information to, Gov-
ernment policymakers and the business community with
respect to the study of Western Hemispheric trade by the
Center, and the plan and efforts of the Center to continue
operations after grants under this section have expired.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $10,000,000 for fiscal
year 1994, and such sums as may be necessary in the 3
succeeding fiscal years to carry out the purposes of section
219 of the Caribbean Basin Economic Recovery Act (as
added by subsection (a)).
SEC. 516. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the provisions of this subtitle shall take effect on the
date the Agreement enters into force with respect to the
United States.
(b) EXCEPTION.—Section 515 shall take effect on the
date of the enactment of this Act.
273
Subtitle C—Funding
PART 1—CUSTOMS USER FEES
SEC. 521. FEES FOR CERTAIN CUSTOMS SERVICES.
(a) IN GENERAL.—Section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c) is amended—
(1) by amending paragraph (5) of subsection
(a) to read as follows:
‘‘(5)(A) For fiscal years 1994, 1995, 1996, and
1997, for the arrival of each passenger aboard a
commercial vessel or commercial aircraft from out-
side the customs territory of the United States,
$6.50.
‘‘(B) For fiscal year 1998 and each fiscal year
thereafter, for the arrival of each passenger aboard
a commercial vessel or commercial aircraft from a
place outside the United States (other than a place
referred to in subsection (b)(1)(A) of this section),
$5.’’
(2) by adding at the end of paragraph (1) of
subsection (b), the following flush sentence:
‘‘Subparagraph (A) shall not apply to fiscal years
1994, 1995, 1996, and 1997.’’,
(3) in subsection (f)—
274
(A) in paragraph (1), by striking ‘‘except’’
and all that follows through the end period and
inserting: ‘‘except—
‘‘(A) the portion of such fees that is re-
quired under paragraph (3) for the direct reim-
bursement of appropriations, and
‘‘(B) the portion of such fees that is deter-
mined by the Secretary to be excess fees under
paragraph (5).’’,
(B) in paragraph (3)(A), by striking the
first parenthetical and inserting ‘‘(other than
the fees under subsection (a) (9) and (10) and
the excess fees determined by the Secretary
under paragraph (5))’’,
(C) in paragraph (4), by striking ‘‘under
subsection (a)’’ and inserting ‘‘under subsection
(a) (other than the excess fees determined by
the Secretary under paragraph (5))’’, and
(D) by adding at the end thereof the fol-
lowing new paragraph:
‘‘(5) At the close of each of fiscal years 1994,
1995, 1996, and 1997, the Secretary of the Treas-
ury shall determine the amount of the fees collected
under paragraph (5)(A) of subsection (a) for that
fiscal year that exceeds the amount of such fees that
275
would have been collected for such fiscal year if the
fees that were in effect on the day before the effec-
tive date of this paragraph applied to such fiscal
year. The amount of the excess fees determined
under the preceding sentence shall be deposited in
the Customs User Fee Account and shall be avail-
able for reimbursement of inspectional costs (includ-
ing passenger processing costs) not otherwise reim-
bursed under this section, and shall be available only
to the extent provided in appropriations Acts.’’, and
(4) in paragraph (3) of subsection (j), by strik-
ing ‘‘September 30, 1998’’ and inserting ‘‘September
30, 2003’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date the Agreement
enters into force with respect to the United States.
PART 2—INTERNAL REVENUE CODE
AMENDMENTS
SEC. 522. AUTHORITY TO DISCLOSE CERTAIN TAX INFOR-
MATION TO THE UNITED STATES CUSTOMS
SERVICE.
(a) IN GENERAL.—Subsection (l) of section 6103 of
the Internal Revenue Code of 1986 (relating to confiden-
tiality and disclosure of returns and return information)
276
is amended by adding at the end thereof the following new
paragraph:
‘‘(14) DISCLOSURE OF RETURN INFORMATION
TO UNITED STATES CUSTOMS SERVICE.—The Sec-
retary may, upon written request from the Commis-
sioner of the United States Customs Service, dis-
close to officers and employees of the Department of
the Treasury such return information with respect
to taxes imposed by chapters 1 and 6 as the Sec-
retary may prescribe by regulations, solely for the
purpose of, and only to the extent necessary in—
‘‘(A) ascertaining the correctness of any
entry in audits as provided for in section 509
of the Tariff Act of 1930 (19 U.S.C. 1509), or
‘‘(B) other actions to recover any loss of
revenue, or to collect duties, taxes, and fees, de-
termined to be due and owing pursuant to such
audits.’’
(b) 
CONFORMING
AMENDMENTS.—Paragraphs
(3)(A) and (4) of section 6103(p) of such Code are each
amended by striking ‘‘or (13)’’ each place it appears and
inserting ‘‘(13), or (14)’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date the Agree-
277
ment enters into force with respect to the United
States.
(2) REGULATIONS.—Not later than 90 days
after the date of the enactment of this Act, the Sec-
retary of the Treasury or his delegate shall issue
temporary 
regulations 
to 
carry 
out 
section
6103(l)(14) of the Internal Revenue Code of 1986,
as added by this section.
SEC. 523. USE OF ELECTRONIC FUND TRANSFER SYSTEM
FOR COLLECTION OF CERTAIN TAXES.
(a) GENERAL RULE.—Section 6302 of the Internal
Revenue Code of 1986 (relating to mode or time of collec-
tion) is amended by redesignating subsection (h) as sub-
section (i) and by inserting after subsection (g) the follow-
ing new subsection:
‘‘(h) USE OF ELECTRONIC FUND TRANSFER SYSTEM
FOR COLLECTION OF CERTAIN TAXES.—
‘‘(1) ESTABLISHMENT OF SYSTEM.—
‘‘(A) IN
GENERAL.—The Secretary shall
prescribe such regulations as may be necessary
for the development and implementation of an
electronic fund transfer system which is re-
quired to be used for the collection of deposi-
tory taxes. Such system shall be designed in
such manner as may be necessary to ensure
278
that such taxes are credited to the general ac-
count of the Treasury on the date on which
such taxes would otherwise have been required
to be deposited under the Federal tax deposit
system.
‘‘(B) EXEMPTIONS.—The regulations pre-
scribed under subparagraph (A) may contain
such exemptions as the Secretary may deem
appropriate.
‘‘(2) PHASE-IN REQUIREMENTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the regulations referred to in
paragraph (1)—
‘‘(i) shall contain appropriate proce-
dures to assure that an orderly conversion
from the Federal tax deposit system to the
electronic fund transfer system is accom-
plished, and
‘‘(ii) may provide for a phase-in of
such electronic fund transfer system by
classes of taxpayers based on the aggre-
gate undeposited taxes of such taxpayers
at the close of specified periods and any
other factors the Secretary may deem ap-
propriate.
279
‘‘(B) 
PHASE-IN
REQUIREMENTS.—The
phase-in of the electronic fund transfer system
shall be designed in such manner as may be
necessary to ensure that—
‘‘(i) during each fiscal year beginning
after September 30, 1993, at least the ap-
plicable required percentage of the total
depository taxes imposed by chapters 21,
22, and 24 shall be collected by means of
electronic fund transfer, and
‘‘(ii) during each fiscal year beginning
after September 30, 1993, at least the ap-
plicable required percentage of the total
other depository taxes shall be collected by
means of electronic fund transfer.
‘‘(C) APPLICABLE
REQUIRED
PERCENT-
AGE.—
‘‘(i) In the case of the depository
taxes imposed by chapters 21, 22, and 24,
the applicable required percentage is—
‘‘(I) 3 percent for fiscal year
1994,
‘‘(II) 16.9 percent for fiscal year
1995,
280
‘‘(III) 20.1 percent for fiscal year
1996,
‘‘(IV) 58.3 percent for fiscal
years 1997 and 1998, and
‘‘(V) 94 percent for fiscal year
1999 and all fiscal years thereafter.
‘‘(ii) In the case of other depository
taxes, the applicable required percentage
is—
‘‘(I) 3 percent for fiscal year
1994,
‘‘(II) 20 percent for fiscal year
1995,
‘‘(III) 30 percent for fiscal year
1996,
‘‘(IV) 60 percent for fiscal years
1997 and 1998, and
‘‘(V) 94 percent for fiscal year
1999 and all fiscal years thereafter.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) DEPOSITORY TAX.—The term ‘depos-
itory tax’ means any tax if the Secretary is au-
thorized to require deposits of such tax.
281
‘‘(B) ELECTRONIC FUND TRANSFER.—The
term ‘electronic fund transfer’ means any trans-
fer of funds, other than a transaction originated
by check, draft, or similar paper instrument,
which is initiated through an electronic termi-
nal, telephonic instrument, or computer or mag-
netic tape so as to order, instruct, or authorize
a financial institution or other financial
intermediary to debit or credit an account.
‘‘(4) COORDINATION WITH OTHER ELECTRONIC
FUND TRANSFER REQUIREMENTS.—
‘‘(A) COORDINATION
WITH
CERTAIN
EX-
CISE TAXES.—In determining whether the re-
quirements of subparagraph (B) of paragraph
(2) are met, taxes required to be paid by elec-
tronic fund transfer under sections 5061(e) and
5703(b) shall be disregarded.
‘‘(B) ADDITIONAL REQUIREMENT.—Under
regulations, any tax required to be paid by elec-
tronic fund transfer under section 5061(e) or
5703(b) shall be paid in such a manner as to
ensure that the requirements of the second sen-
tence of paragraph (1)(A) of this subsection are
satisfied.’’
(b) EFFECTIVE DATE.—
282
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date the Agree-
ment enters into force with respect to the United
States.
(2) REGULATIONS.—Not later than 210 days
after the date of enactment of this Act, the Sec-
retary of the Treasury or his delegate shall prescribe
temporary regulations under section 6302(h) of the
Internal Revenue Code of 1986 (as added by this
section).
Subtitle D—Implementation of
NAFTA Supplemental Agreements
PART 1—AGREEMENTS RELATING TO LABOR AND
ENVIRONMENT
SEC. 531. AGREEMENT ON LABOR COOPERATION.
(a) COMMISSION FOR LABOR COOPERATION.—
(1) MEMBERSHIP.—The United States is au-
thorized to participate in the Commission for Labor
Cooperation in accordance with the North American
Agreement on Labor Cooperation.
(2) CONTRIBUTIONS
TO
BUDGET.—There are
authorized to be appropriated to the President (or
such agency as the President may designate)
$2,000,000 for each of fiscal years 1994 and 1995
for United States contributions to the annual budget
283
of the Commission for Labor Cooperation pursuant
to Article 43 of the North American Agreement on
Labor Cooperation. Funds authorized to be appro-
priated for such contributions by this paragraph are
in addition to any funds otherwise available for such
contributions. Funds authorized to be appropriated
by this paragraph are authorized to be made avail-
able until expended.
(b) DEFINITIONS.—As used in this section—
(1) the term ‘‘Commission for Labor Coopera-
tion’’ means the commission established by Part
Three of the North American Agreement on Labor
Cooperation; and
(2) the term ‘‘North American Agreement on
Labor Cooperation’’ means the North American
Agreement on Labor Cooperation Between the Gov-
ernment of the United States of America, the Gov-
ernment of Canada, and the Government of the
United Mexican States (signed at Mexico City,
Washington, and Ottawa on September 8, 9, 12, and
14, 1993).
SEC. 532. AGREEMENT ON ENVIRONMENTAL COOPERA-
TION.
(a) COMMISSION
FOR ENVIRONMENTAL COOPERA-
TION.—
284
(1) MEMBERSHIP.—The United States is au-
thorized to participate in the Commission for Envi-
ronmental Cooperation in accordance with the North
American Agreement on Environmental Cooperation.
(2) CONTRIBUTIONS
TO
BUDGET.—There are
authorized to be appropriated to the President (or
such agency as the President may designate)
$5,000,000 for each of fiscal years 1994 and 1995
for United States contributions to the annual budget
of the Commission for Environmental Cooperation
pursuant to Article 43 of the North American
Agreement on Environmental Cooperation. Funds
authorized to be appropriated for such contributions
by this paragraph are in addition to any funds oth-
erwise available for such contributions. Funds au-
thorized to be appropriated by this paragraph are
authorized to be made available until expended.
(b) DEFINITIONS.—As used in this section—
(1) the term ‘‘Commission for Environmental
Cooperation’’ means the commission established by
Part Three of the North American Agreement on
Environmental Cooperation; and
(2) the term ‘‘North American Agreement on
Environmental Cooperation’’ means the North
American Agreement on Environmental Cooperation
285
Between the Government of the United States of
America, the Government of Canada, and the Gov-
ernment of the United Mexican States (signed at
Mexico City, Washington, and Ottawa on September
8, 9, 12, and 14, 1993).
SEC. 533. AGREEMENT ON BORDER ENVIRONMENT CO-
OPERATION COMMISSION.
(a) BORDER ENVIRONMENT COOPERATION COMMIS-
SION.—
(1) MEMBERSHIP.—The United States is au-
thorized to participate in the Border Environment
Cooperation Commission in accordance with the
Border Environment Cooperation Agreement.
(2) CONTRIBUTIONS
TO
THE
COMMISSION
BUDGET.—There are authorized to be appropriated
to the President (or such agency as the President
may designate) $5,000,000 for fiscal year 1994 and
each fiscal year thereafter for United States con-
tributions to the budget of the Border Environment
Cooperation Commission pursuant to section 7 of
Article III of Chapter I of the Border Environment
Cooperation Agreement. Funds authorized to be ap-
propriated for such contributions by this paragraph
are in addition to any funds otherwise available for
such contributions. Funds authorized to be appro-
286
priated by this paragraph are authorized to be made
available until expended.
(b) CIVIL ACTIONS INVOLVING THE COMMISSION.—
For the purpose of any civil action which may be brought
within the United States by or against the Border Envi-
ronment Cooperation Commission in accordance with the
Border Environment Cooperation Agreement (including
an action brought to enforce an arbitral award against the
Commission), the Commission shall be deemed to be an
inhabitant of the Federal judicial district in which its prin-
cipal office within the United States, or its agent ap-
pointed for the purpose of accepting service or notice of
service, is located. Any such action to which the Commis-
sion is a party shall be deemed to arise under the laws
of the United States, and the district courts of the United
States (including the courts enumerated in section 460 of
title 28, United States Code) shall have original jurisdic-
tion of any such action. When the Commission is a defend-
ant in any action in a State court, it may at any time
before trial remove the action into the appropriate district
court of the United States by following the procedure for
removal provided in section 1446 of title 28, United States
Code.
(c) DEFINITIONS.—As used in this section—