H. R. 3450—6
(2) the Government of such country exchanges notes with
the United States providing for the entry into force of the
North American Agreement on Environmental Cooperation and
the North American Agreement on Labor Cooperation for that
country and the United States.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES
AND STATE LAW.
(a) RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.—
(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provi-
sion of the Agreement, nor the application of any such provision
to any person or circumstance, which is inconsistent with any
law of the United States shall have effect.
(2) 
CONSTRUCTION.—Nothing 
in 
this 
Act 
shall 
be
construed—
(A) to amend or modify any law of the United States,
including any law regarding—
(i) the protection of human, animal, or plant life
or health,
(ii) the protection of the environment, or
(iii) motor carrier or worker safety; or
(B) to limit any authority conferred under any law
of the United States, including section 301 of the Trade
Act of 1974;
unless specifically provided for in this Act.
(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.—
(1) FEDERAL-STATE CONSULTATION.—
(A) IN GENERAL.—Upon the enactment of this Act, the
President shall, through the intergovernmental policy
advisory committees on trade established under section
306(c)(2)(A) of the Trade and Tariff Act of 1984, consult
with the States for the purpose of achieving conformity
of State laws and practices with the Agreement.
(B) 
FEDERAL-STATE
CONSULTATION
PROCESS.—The
Trade Representative shall establish within the Office of
the United States Trade Representative a Federal-State
consultation process for addressing issues relating to the
Agreement that directly relate to, or will potentially have
a direct impact on, the States. The Federal-State consulta-
tion process shall include procedures under which—
(i) the Trade Representative will assist the States
in identifying those State laws that may not conform
with the Agreement but may be maintained under
the Agreement by reason of being in effect before the
Agreement entered into force;
(ii) the States will be informed on a continuing
basis of matters under the Agreement that directly
relate to, or will potentially have a direct impact on,
the States;
(iii) the States will be provided opportunity to sub-
mit, on a continuing basis, to the Trade Representative
information and advice with respect to matters referred
to in clause (ii);
(iv) the Trade Representative will take into
account the information and advice received from the
States under clause (iii) when formulating United
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H. R. 3450—7
States positions regarding matters referred to in clause
(ii); and
(v) the States will be involved (including involve-
ment through the inclusion of appropriate representa-
tives of the States) to the greatest extent practicable
at each stage of the development of United States
positions regarding matters referred to in clause (ii)
that will be addressed by committees, subcommittees,
or working groups established under the Agreement
or through dispute settlement processes provided for
under the Agreement.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Federal-State consultation process established
by this paragraph.
(2) LEGAL CHALLENGE.—No State law, or the application
thereof, may be declared invalid as to any person or cir-
cumstance on the ground that the provision or application
is inconsistent with the Agreement, except in an action brought
by the United States for the purpose of declaring such law
or application invalid.
(3) DEFINITION OF STATE LAW.—For purposes of this sub-
section, the term ‘‘State law’’ includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business
of insurance.
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM-
EDIES.—No person other than the United States—
(1) shall have any cause of action or defense under—
(A) the Agreement or by virtue of Congressional
approval thereof, or
(B) the North American Agreement on Environmental
Cooperation or the North American Agreement on Labor
Cooperation; or
(2) may challenge, in any action brought under any provi-
sion of law, any action or inaction by any department, agency,
or other instrumentality of the United States, any State, or
any political subdivision of a State on the ground that such
action or inaction is inconsistent with the Agreement, the North
American Agreement on Environmental Cooperation, or the
North American Agreement on Labor Cooperation.
SEC. 103. CONSULTATION AND LAYOVER REQUIREMENTS FOR, AND
EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
(a) CONSULTATION AND LAYOVER REQUIREMENTS.—If a provision
of this Act provides that the implementation of an action by the
President by proclamation is subject to the consultation and layover
requirements of this section, such action may be proclaimed only
if—
(1) the President has obtained advice regarding the pro-
posed action from—
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974, and
(B) the International Trade Commission;
(2) the President has submitted a report to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate that sets forth—
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H. R. 3450—8
(A) the action proposed to be proclaimed and the rea-
sons therefor, and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning with the first
day on which the President has met the requirements of para-
graphs (1) and (2) with respect to such action, has expired;
and
(4) the President has consulted with such Committees
regarding the proposed action during the period referred to
in paragraph (3).
(b) EFFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS.—Any
action proclaimed by the President under the authority of this
Act that is not subject to the consultation and layover requirements
under subsection (a) may not take effect before the 15th day after
the date on which the text of the proclamation is published in
the Federal Register.
SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
FORCE AND INITIAL REGULATIONS.
(a) IMPLEMENTING ACTIONS.—After the date of the enactment
of this Act—
(1) the President may proclaim such actions; and
(2) other appropriate officers of the United States Govern-
ment may issue such regulations;
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on the date
the Agreement enters into force is appropriately implemented on
such date, but no such proclamation or regulation may have an
effective date earlier than the date of entry into force. The 15-
day restriction in section 103(b) on the taking effect of proclaimed
actions is waived to the extent that the application of such restric-
tion would prevent the taking effect on the date the Agreement
enters into force of any action proclaimed under this section.
(b) INITIAL
REGULATIONS.—Initial regulations necessary or
appropriate to carry out the actions proposed in the statement
of administrative action submitted under section 101(a)(2) to imple-
ment the Agreement shall, to the maximum extent feasible, be
issued within 1 year after the date of entry into force of the
Agreement; except that interim or initial regulations to implement
those Uniform Regulations regarding rules of origin provided for
under article 511 of the Agreement shall be issued no later than
the date of entry into force of the Agreement. In the case of any
implementing action that takes effect on a date after the date
of entry into force of the Agreement, initial regulations to carry
out that action shall, to the maximum extent feasible, be issued
within 1 year after such effective date.
SEC. 105. UNITED STATES SECTION OF THE NAFTA SECRETARIAT.
(a) ESTABLISHMENT
OF
THE UNITED STATES SECTION.—The
President is authorized to establish within any department or
agency of the United States Government a United States Section
of the Secretariat established under chapter 20 of the Agreement.
The United States Section, subject to the oversight of the inter-
agency group established under section 402, shall carry out its
functions within the Secretariat to facilitate the operation of the
Agreement, including the operation of chapters 19 and 20 of the
Agreement and the work of the panels, extraordinary challenge
committees, special committees, and scientific review boards con-
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H. R. 3450—9
vened under those chapters. The United States Section may not
be considered to be an agency for purposes of section 552 of title
5, United States Code.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each fiscal year after fiscal year 1993 to
the department or agency within which the United States Section
is established the lesser of—
(1) such sums as may be necessary; or
(2) $2,000,000;
for the establishment and operations of the United States Section
and for the payment of the United States share of the expenses
of binational panels and extraordinary challenge committees con-
vened under chapter 19, and of the expenses incurred in dispute
settlement proceedings under chapter 20, of the Agreement.
(c) REIMBURSEMENT OF CERTAIN EXPENSES.—If, in accordance
with Annex 2002.2 of the Agreement, the Canadian Section or
the Mexican Section of the Secretariat provides funds to the United
States Section during any fiscal year, as reimbursement for
expenses by the Canadian Section or the Mexican Section in connec-
tion with settlement proceedings under chapter 19 or 20 of the
Agreement, the United States Section may retain and use such
funds to carry out the functions described in subsection (a).
SEC. 106. APPOINTMENTS TO CHAPTER 20 PANEL PROCEEDINGS.
(a) CONSULTATION.—The Trade Representative shall consult
with the Committee on Ways and Means of the House of Represent-
atives and the Committee on Finance of the Senate regarding
the selection and appointment of candidates for the rosters
described in article 2009 of the Agreement.
(b) SELECTION OF INDIVIDUALS WITH ENVIRONMENTAL EXPER-
TISE.—The United States shall, to the maximum extent practicable,
encourage the selection of individuals who have expertise and
experience in environmental issues for service in panel proceedings
under chapter 20 of the Agreement to hear any challenge to a
United States or State environmental law.
SEC. 107. TERMINATION OR SUSPENSION OF UNITED STATES-CANADA
FREE-TRADE AGREEMENT.
Section 501(c) of the United States-Canada Free-Trade
Implementation Act of 1988 (19 U.S.C. 2112 note) is amended
to read as follows:
‘‘(c) TERMINATION OR SUSPENSION OF AGREEMENT.—
‘‘(1) TERMINATION OF AGREEMENT.—On the date the Agree-
ment ceases to be in force, the provisions of this Act (other
than this paragraph and section 410(b)), and the amendments
made by this Act, shall cease to have effect.
‘‘(2) EFFECT OF AGREEMENT SUSPENSION.—An agreement
by the United States and Canada to suspend the operation
of the Agreement shall not be deemed to cause the Agreement
to cease to be in force within the meaning of paragraph (1).
‘‘(3) SUSPENSION RESULTING FROM NAFTA.—On the date the
United States and Canada agree to suspend the operation
of the Agreement by reason of the entry into force between
them of the North American Free Trade Agreement, the follow-
ing provisions of this Act are suspended and shall remain
suspended until such time as the suspension of the Agreement
may be terminated:
‘‘(A) Sections 204 (a) and (b) and 205(a).
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