H. R. 3450—55
(f) END-USE CERTIFICATES.—
(1) IN GENERAL.—The Secretary of Agriculture (referred
to in this subsection as the ‘‘Secretary’’) shall implement, in
coordination with the Commissioner of Customs, a program
requiring that end-use certificates be included in the docu-
mentation covering the entry into, or the withdrawal from
a warehouse for consumption in, the customs territory of the
United States—
(A) of any wheat that is a product of any foreign
country or instrumentality that requires, as of the effective
date of this subsection, end-use certificates for imports
of wheat that is a product of the United States (referred
to in this subsection as ‘‘United States-produced wheat’’);
and
(B) of any barley that is a product of any foreign
country or instrumentality that requires, as of the effective
date of this subsection, end-use certificates for imports
of barley that is a product of the United States (referred
to in this subsection as ‘‘United States-produced barley’’).
(2) REGULATIONS.—The Secretary shall prescribe by regula-
tion such requirements regarding the information to be included
in end-use certificates as may be necessary and appropriate
to carry out this subsection.
(3) PRODUCER PROTECTION DETERMINATION.—At any time
after the effective date of the requirements established under
paragraph (1), the Secretary may, subject to paragraph (5),
suspend the requirements when making a determination, after
consultation with domestic producers, that the program imple-
mented under this subsection has directly resulted in—
(A) the reduction of income to the United States
producers of agricultural commodities; or
(B) the reduction of the competitiveness of United
States agricultural commodities in the world export mar-
kets.
(4) SUSPENSION OF REQUIREMENTS.—
(A) WHEAT.—If a foreign country or instrumentality
that requires end-use certificates for imports of United
States-produced wheat as of the effective date of the
requirement under paragraph (1)(A) eliminates the require-
ment, the Secretary shall suspend the requirement under
paragraph (1)(A) beginning 30 calendar days after suspen-
sion by the foreign country or instrumentality.
(B) BARLEY.—If a foreign country or instrumentality
that requires end-use certificates for imports of United
States-produced barley as of the effective date of the
requirement under paragraph (1)(B) eliminates the require-
ment, the Secretary shall suspend the requirement under
paragraph (1)(B) beginning 30 calendar days after suspen-
sion by the foreign country or instrumentality.
(5) REPORT TO CONGRESS.—The Secretary shall not suspend
the requirements established under paragraph (1) under cir-
cumstances identified in paragraph (3) before the Secretary
submits a report to Congress detailing the determination made
under paragraph (3) and the reasons for making the determina-
tion.
(6) COMPLIANCE.—It shall be a violation of section 1001
of title 18, United States Code, for a person to engage in
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H. R. 3450—56
fraud or knowingly violate this subsection or a regulation
implementing this subsection.
(7) EFFECTIVE DATE.—This subsection shall become effec-
tive on the date that is 120 days after the date of enactment
of this Act.
(g) AGRICULTURAL FELLOWSHIP PROGRAM.—Section 1542(d) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public
Law 101–624; 7 U.S.C. 5622 note) is amended by adding at the
end the following new paragraph:
‘‘(3) AGRICULTURAL FELLOWSHIPS FOR NAFTA COUNTRIES.—
‘‘(A) IN GENERAL.—The Secretary shall grant fellow-
ships to individuals from countries that are parties to the
North American Free Trade Agreement (referred to in this
paragraph as ‘NAFTA’) to study agriculture in the United
States, and to individuals in the United States to study
agriculture in other NAFTA countries.
‘‘(B) PURPOSE.—The purpose of fellowships granted
under this paragraph is—
‘‘(i) to allow the recipients to expand their knowl-
edge and understanding of agricultural systems and
practices in other NAFTA countries;
‘‘(ii) to facilitate the improvement of agricultural
systems in NAFTA countries; and
‘‘(iii) to establish and expand agricultural trade
linkages between the United States and other NAFTA
countries.
‘‘(C) ELIGIBLE RECIPIENTS.—The Secretary may provide
fellowships under this paragraph to agricultural producers
and consultants, government officials, and other individuals
from the private and public sectors.
‘‘(D) ACCEPTANCE OF GIFTS.—The Secretary may accept
money, funds, property, and services of every kind by gift,
devise, bequest, grant, or otherwise, and may in any man-
ner, dispose of all of the holdings and use the receipts
generated from the disposition to carry out this paragraph.
Receipts under this paragraph shall remain available until
expended.
‘‘(E) AUTHORIZATION
OF
APPROPRIATION.—There are
authorized to be appropriated such sums as are necessary
to carry out this paragraph.’’.
(h) ASSISTANCE FOR AFFECTED FARMWORKERS.—
(1) IN GENERAL.—Subject to paragraph (3), if at any time
the Secretary of Agriculture determines that the implementa-
tion of the Agreement has caused low-income migrant or sea-
sonal farmworkers to lose income, the Secretary may make
available grants, not to exceed $20,000,000 for any fiscal year,
to public agencies or private organizations with tax-exempt
status under section 501(c)(3) of the Internal Revenue Code
of 1986, that have experience in providing emergency services
to low-income migrant or seasonal farmworkers. Emergency
services to be provided with assistance received under this
subsection may include such types of assistance as the Sec-
retary determines to be necessary and appropriate.
(2) DEFINITION.—As used in this subsection, the term ‘‘low-
income migrant or seasonal farmworker’’ shall have the same
meaning as provided in section 2281(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a(b)).
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H. R. 3450—57
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated $20,000,000 for each fiscal year to
carry out this subsection.
(i) BIENNIAL REPORT ON EFFECTS OF THE AGREEMENT ON AMER-
ICAN AGRICULTURE.—
(1) IN GENERAL.—The Secretary of Agriculture shall pre-
pare a biennial report on the effects of the Agreement on
United States producers of agricultural commodities and on
rural communities located in the United States.
(2) CONTENTS OF REPORT.—The report required under this
subsection shall include—
(A) an assessment of the effects of implementing the
Agreement on the various agricultural commodities affected
by the Agreement, on a commodity-by-commodity basis;
(B) an assessment of the effects of implementing the
Agreement on investments made in United States agri-
culture and on rural communities located in the United
States;
(C) an assessment of the effects of implementing the
Agreement on employment in United States agriculture,
including any gains or losses of jobs in businesses directly
or indirectly related to United States agriculture; and
(D) such other information and data as the Secretary
determines appropriate.
(3) SUBMISSION OF REPORT.—The Secretary shall furnish
the report required under this subsection to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and to
the Committee on Agriculture of the House of Representatives.
The report shall be due every 2 years and shall be submitted
by March 1 of the year in which the report is due. The first
report shall be due by March 1, 1997, and the final report
shall be due by March 1, 2011.
Subtitle C—Intellectual Property
SEC. 331. TREATMENT OF INVENTIVE ACTIVITY.
Section 104 of title 35, United States Code, is amended to
read as follows:
‘‘§ 104. Invention made abroad
‘‘(a) IN GENERAL.—In proceedings in the Patent and Trademark
Office, in the courts, and before any other competent authority,
an applicant for a patent, or a patentee, may not establish a
date of invention by reference to knowledge or use thereof, or
other activity with respect thereto, in a foreign country other than
a NAFTA country, except as provided in sections 119 and 365
of this title. Where an invention was made by a person, civil
or military, while domiciled in the United States or a NAFTA
country and serving in any other country in connection with oper-
ations by or on behalf of the United States or a NAFTA country,
the person shall be entitled to the same rights of priority in the
United States with respect to such invention as if such invention
had been made in the United States or a NAFTA country. To
the extent that any information in a NAFTA country concerning
knowledge, use, or other activity relevant to proving or disproving
a date of invention has not been made available for use in a
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H. R. 3450—58
proceeding in the Office, a court, or any other competent authority
to the same extent as such information could be made available
in the United States, the Commissioner, court, or such other author-
ity shall draw appropriate inferences, or take other action permitted
by statute, rule, or regulation, in favor of the party that requested
the information in the proceeding.
‘‘(b) DEFINITION.—As used in this section, the term ‘NAFTA
country’ has the meaning given that term in section 2(4) of the
North American Free Trade Agreement Implementation Act.’’.
SEC. 332. RENTAL RIGHTS IN SOUND RECORDINGS.
Section 4 of the Record Rental Amendment of 1984 (17 U.S.C.
109 note) is amended by striking out subsection (c).
SEC. 333. NONREGISTRABILITY 
OF 
MISLEADING 
GEOGRAPHIC
INDICATIONS.
(a) MARKS NOT REGISTRABLE ON THE PRINCIPAL REGISTER.—
Section 2 of the Act entitled ‘‘An Act to provide for the registration
and protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other pur-
poses’’, approved July 5, 1946, commonly referred to as the Trade-
mark Act of 1946 (15 U.S.C. 1052(e)), is amended—
(1) by amending subsection (e) to read as follows:
‘‘(e) Consists of a mark which (1) when used on or in connection
with the goods of the applicant is merely descriptive or deceptively
misdescriptive of them, (2) when used on or in connection with
the goods of the applicant is primarily geographically descriptive
of them, except as indications of regional origin may be registrable
under section 4, (3) when used on or in connection with the goods
of 
the 
applicant 
is 
primarily 
geographically 
deceptively
misdescriptive of them, or (4) is primarily merely a surname.’’;
and
(2) in subsection (f)—
(A) by striking out ‘‘and (d)’’ and inserting ‘‘(d), and
(e)(3)’’; and
(B) by adding at the end the following new sentence:
‘‘Nothing in this section shall prevent the registration of
a mark which, when used on or in connection with the
goods of the applicant, is primarily geographically decep-
tively misdescriptive of them, and which became distinctive
of the applicant’s goods in commerce before the date of
the enactment of the North American Free Trade Agree-
ment Implementation Act.’’.
(b) SUPPLEMENTAL REGISTER.—Section 23(a) of the Trademark
Act of 1946 (15 U.S.C. 1091(a)) is amended—
(1) by striking out ‘‘and (d)’’ and inserting ‘‘(d), and (e)(3)’’;
and
(2) by adding at the end the following new sentence: ‘‘Noth-
ing in this section shall prevent the registration on the supple-
mental register of a mark, capable of distinguishing the
applicant’s goods or services and not registrable on the principal
register under this Act, that is declared to be unregistrable
under section 2(e)(3), if such mark has been in lawful use
in commerce by the owner thereof, on or in connection with
any goods or services, since before the date of the enactment
of the North American Free Trade Agreement Implementation
Act.’’.
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