381
‘‘(II) the country has not met the
requirements of subparagraph (A) or
(B) of paragraph (2), or
‘‘(ii) the period of time provided for
pursuant to paragraph (2)(C) has expired
and procedures for suspending concessions
under the Agreement have been completed,
then the sanctions described in subparagraph
(B) shall be imposed.
‘‘(B) SANCTIONS.—
‘‘(i) IN
GENERAL.—If subparagraph
(A) applies to any signatory country—
‘‘(I) the signatory country shall
be considered as a signatory not in
good standing of the Agreement and
the prohibition on procurement con-
tained in section 4 of the Act of
March 3, 1933 (41 U.S.C. 10b–1)
shall apply to such country, and
‘‘(II) the President shall revoke
the waiver of discriminatory purchas-
ing requirements granted to the signa-
tory country pursuant to section
301(a).
382
‘‘(ii) 
TIME
SANCTIONS
ARE
IM-
POSED.—Any sanction—
‘‘(I) described in clause (i)(I)
shall apply from the date that is the
last day of the 18-month period de-
scribed in subparagraph (A)(i) or, in
the case of paragraph (2)(C), from
the date procedures for suspending
concessions under the Agreement have
been completed, and
‘‘(II) described in clause (i)(II)
shall apply beginning on the day after
the date described in subclause (I).’’.
(2) CONFORMING AMENDMENT.—Paragraph (4)
of section 305(f) of such Act (19 U.S.C. 2515(f)(4))
is amended by striking ‘‘subparagraph (A) or (B) of
paragraph (3)’’ and inserting ‘‘subclause (I) or (II)
of paragraph (3)(B)(i)’’.
(c) REPORT TO CONGRESS.—
(1) Section 305(d)(2) of the Trade Agreements
Act of 1979 (19 U.S.C. 2515(d)(2)) is amended by
adding at the end the following new subparagraphs:
‘‘(D)(i) are not signatories to the Agree-
ment;
383
‘‘(ii) fail to apply transparent and competi-
tive procedures to its government procurement
equivalent to those in the Agreement; and
‘‘(iii) whose products or services are ac-
quired in significant amounts by the United
States Government; or
‘‘(E)(i) are not signatories to the Agree-
ment;
‘‘(ii) fail to maintain and enforce effective
prohibitions on bribery and other corrupt prac-
tices in connection with government procure-
ment; and
‘‘(iii) whose products or services are ac-
quired in significant amounts by the United
States Government.’’.
(2) Section 305(d)(3)(C) of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2515(d)(3)(C)) is
amended by adding before the period at the end the
following: ‘‘, including the failure to maintain and
enforce effective prohibitions on bribery and other
corrupt practices in connection with government pro-
curement’’.
SEC. 342. CONFORMING AMENDMENTS.
(a) WAIVER OF DISCRIMINATORY PURCHASING RE-
QUIREMENTS REGARDING PURCHASES
OF CIVIL AIR-
384
CRAFT.—Section 303 of the Trade Agreements Act of
1979 (19 U.S.C. 2513) is amended by inserting ‘‘referred
to in section 2(c) and approved under section 2(a)’’ after
‘‘Civil Aircraft’’.
(b) EXPANSION
OF COVERAGE
OF
THE AGREE-
MENT.—Section 304 of the Trade Agreements Act of 1979
(19 U.S.C. 2514) is amended—
(1) in subsections (a) and (c) by striking ‘‘part
IX, paragraph 6’’ and inserting ‘‘article XXIV(7);
(2) in subsection (c) by striking ‘‘part VI, para-
graph 9’’ and inserting ‘‘article XIX(5)’’; and
(3) in subsection (e) by striking ‘‘date of enact-
ment of this Act’’ and inserting ‘‘date it enters into
force with respect to the United States’’.
(c) ANNUAL REPORT
ON FOREIGN DISCRIMINA-
TION.—Section 305(d) of the Trade Agreements Act of
1979 (19 U.S.C. 2515(d)) is amended by striking out
‘‘April 30, 1990, and annually on April 30 thereafter,’’
and inserting ‘‘April 30 of each year,’’.
(d) LABOR SURPLUS AREA STUDIES.—Section 306
of the Trade Agreements Act of 1979 (19 U.S.C. 2516),
and the item relating to such section in the table of con-
tents for such Act, are repealed.
(e) AVAILABILITY OF INFORMATION TO CONGRES-
SIONAL ADVISORS.—Section 307 of the Trade Agreements
385
Act of 1979 (19 U.S.C. 2517) is amended by striking
‘‘part VI, paragraph 9,’’ and inserting ‘‘article XIX(5)’’.
(f) DEFINITIONS.—Section 308 of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2518) is amended—
(1) in paragraph (1) by striking ‘‘section 2(c)
of this Act’’ and inserting ‘‘section 101(d)(17) of the
Uruguay Round Agreements Act’’; and
(2) in paragraph (4)—
(A) in subparagraph (C) by striking ‘‘hav-
ing a contract value’’ and all that follows
through the end of the subparagraph and in-
serting ‘‘for which the United States is obli-
gated to waive Buy National restrictions
under—
‘‘(i) the Agreement on the Establish-
ment of a Free Trade Area between the
Government of the United States of Amer-
ica and the Government of Israel, regard-
less of the thresholds provided for in the
Agreement (as defined in paragraph (1)),
or
‘‘(ii) any subsequent agreement be-
tween the United States and Israel which
lowers on a reciprocal basis the applicable
386
threshold for entities covered by the Agree-
ment.’’; and
(B) in subparagraph (D) by striking
‘‘GATT’’ the first place it appears and all that
follows through the end of the subparagraph
and inserting ‘‘the Agreement (as defined in
paragraph (1)), but for the thresholds provided
for in the Agreement.’’.
(g) CONFORMING AMENDMENTS.—Section 401 of the
Rural Electrification Act of 1938 (7 U.S.C. 903 note) is
amended—
(1) by striking ‘‘, Mexico, or Canada’’ each
place that it appears and inserting ‘‘or in any eligi-
ble country’’; and
(2) by adding at the end the following: ‘‘For
purposes of this section, an ‘eligible country’ is any
country that applies with respect to the United
States an agreement ensuring reciprocal access for
United States products and services and United
States suppliers to the markets of that country, as
determined by the United States Trade Representa-
tive.’’.
387
SEC. 
343. 
RECIPROCAL 
COMPETITIVE 
PROCUREMENT
PRACTICES.
(a) APPLICABILITY.—Section 302(a) of the Trade
Agreements Act of 1979 (19 U.S.C. 2512(a)) is amended
to read as follows:
‘‘(a) AUTHORITY
TO BAR PROCUREMENT FROM
NON-DESIGNATED COUNTRIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the President, in order to encourage additional coun-
tries to become parties to the Agreement and to pro-
vide appropriate reciprocal competitive government
procurement opportunities to United States products
and suppliers of such products—
‘‘(A) shall, with respect to procurement
covered by the Agreement, prohibit the procure-
ment, after the date on which any waiver under
section 301(a) first takes effect, of products—
‘‘(i) which are products of a foreign
country or instrumentality which is not
designated pursuant to section 301(b), and
‘‘(ii) which would otherwise be eligible
products; and
‘‘(B) may, with respect to procurement
covered by the Agreement, take such other ac-
tions within the President’s authority as the
President deems necessary.
388
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply in the case of procurements for which—
‘‘(A) there are no offers of products or
services of the United States or of eligible prod-
ucts; or
‘‘(B) the offers of products or services of
the United States or of eligible products are in-
sufficient to fulfill the requirements of the Unit-
ed States Government.’’.
(b) ADDITIONAL
WAIVER
AUTHORITY.—Section
302(b) of the Trade Agreements Act of 1979 (19 U.S.C.
2512(b)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) waive the prohibition required by sub-
section (a)(1) on procurement of products of a for-
eign country or instrumentality which has not yet
become a party to the Agreement but—
‘‘(A) has agreed to apply transparent and
competitive procedures to its government pro-
curement equivalent to those in the Agreement,
and
‘‘(B) maintains and enforces effective pro-
hibitions on bribery and other corrupt practices
389
in connection with its government procure-
ment;’’; and
(2) by adding after paragraph (3) the following:
‘‘Before exercising the waiver authority under paragraph
(1), the President shall consult with the appropriate pri-
vate sector advisory committees established under section
135 of the Trade Act of 1974 and with the appropriate
committees of the Congress.’’.
(c) CONFORMING AMENDMENT.—Section 305(g) of
the Trade Agreements Act of 1979 (19 U.S.C. 2515(g))
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(B) or (C)’’ and inserting
‘‘(B), (C), (D), or (E)’’; and
(B) by striking ‘‘their discriminatory pro-
curement practices’’ and inserting ‘‘the prac-
tices regarding government procurement identi-
fied under subparagraph (B)(ii), (C)(ii), (D)(ii),
or (E)(ii) (as the case may be)’’; and
(2) in paragraph (3) by striking ‘‘discrimination
identified pursuant to subsection (d)(2)(B) or (C)’’
and inserting ‘‘the practices regarding government
procurement identified under subparagraph (B)(ii),
(C)(ii), (D)(ii), or (E)(ii) (as the case may be)’’.
390
SEC. 344. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this subtitle take effect on
the date on which the Agreement on Government Procure-
ment referred to in section 101(d)(17) enters into force
with respect to the United States.
(b) SECTION 342(g).—The amendments made by sec-
tion 342(g) take effect on the date on which the WTO
Agreement enters into force with respect to the United
States.
Subtitle F—Technical Barriers to
Trade
SEC. 351. TECHNICAL BARRIERS TO TRADE.
(a) REFERENCES.—All references in this section are
to title IV of the Trade Agreements Act of 1979 (19
U.S.C. 2531 et seq.) unless otherwise specified.
(b) SECTION 401.—Section 401 is amended—
(1) by striking ‘‘Nothing’’ and inserting ‘‘(b)
UNNECESSARY OBSTACLES.—Nothing’’; and
(2) by inserting after the section heading the
following:
‘‘(a) NO BAR TO ENGAGING IN STANDARDS ACTIV-
ITY.—Nothing in this title may be construed—
‘‘(1) to prohibit a Federal agency from engag-
ing in activity related to standards-related measures,
including any such measure relating to safety, the
391
protection of human, animal, or plant life or health,
the environment, or consumers; or
‘‘(2) to limit the authority of a Federal agency
to determine the level it considers appropriate of
safety or of protection of human, animal, or plant
life or health, the environment, or consumers.’’.
(c) SECTION 402.—Section 402(4) is amended—
(1) by striking ‘‘CERTIFICATION ACCESS’’ in the
paragraph heading and inserting ‘‘ACCESS’’;
(2) by striking ‘‘certification system’’ and in-
serting ‘‘conformity assessment procedure’’; and
(3) by striking ‘‘certification under that sys-
tem’’ and inserting ‘‘an assessment of conformity
and the mark of the system, if any’’.
(d) SECTION 414.—Section 414(b)(1) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘relating to’’;
(2) by striking ‘‘certification systems’’ and in-
serting ‘‘technical regulations, conformity assess-
ment procedures,’’;
(3) by striking ‘‘such standards, systems’’ and
inserting ‘‘such standards, technical regulations,
conformity assessment procedures,’’; and
(4) after ‘‘local’’ by inserting ‘‘and (B) the
membership and participation of Federal, State, or
local government bodies or private bodies in the
392
United States in international and regional stand-
ardizing bodies and conformity assessment systems,
as well as in bilateral and multilateral arrangements
concerning standards-related activities’’.
(e) DEFINITIONS.—Section 451 is amended—
(1) so that paragraph (1) reads as follows:
‘‘(1) 
AGREEMENT.—The 
term 
‘Agreement’
means the Agreement on Technical Barriers to
Trade referred to in section 101(d)(5) of the Uru-
guay Round Agreements Act.’’;
(2) so that paragraph (2) reads as follows:
‘‘(2) CONFORMITY ASSESSMENT PROCEDURE.—
The term ‘conformity assessment procedure’ means
any procedure used, directly or indirectly, to deter-
mine that relevant requirements in technical regula-
tions or standards are fulfilled.’’;
(3) in paragraph (4), by striking ‘‘certification
system’’ and inserting ‘‘conformity assessment pro-
cedure’’ each place it occurs;
(4) so that paragraph (6)(A) reads as follows:
‘‘(A) the membership of which is open to
representatives, whether public or private, of
the United States and at least all Members.’’;
393
(5) in paragraph (7), by striking ‘‘certification
system’’ and inserting ‘‘conformity assessment pro-
cedure’’;
(6) so that paragraph (8) reads as follows:
‘‘(8) MEMBER.—The term ‘Member’ means a
WTO member as defined in section 2(10) of the
Uruguay Round Agreements Act.’’;
(7) so that paragraph (13) reads as follows:
‘‘(13) STANDARD.—The term ‘standard’ means
a document approved by a recognized body, that
provides, for common and repeated use, rules, guide-
lines, or characteristics for products or related proc-
esses and production methods, with which compli-
ance is not mandatory. Such term may also include
or deal exclusively with terminology, symbols, pack-
aging, marking, or labeling requirements as they
apply to a product, process, or production method.’’;
(8) in paragraph (14), by striking ‘‘or any cer-
tification system’’ and inserting ‘‘, technical regula-
tion, or conformity assessment procedure’’; and
(9) by redesignating paragraph (17) as para-
graph (18) and inserting after paragraph (16) the
following:
‘‘(17) TECHNICAL
REGULATION.—The term
‘technical regulation’ means a document which lays
394
down product characteristics or their related proc-
esses and production methods, including the applica-
ble administrative provisions, with which compliance
is mandatory. Such term may also include or deal
exclusively with terminology, symbols, packaging,
marking, or labeling requirements as they apply to
a product, process, or production method.’’.
(f) REPORTS TO CONGRESS.—Section 453 is amend-
ed by inserting ‘‘through 2001’’ after ‘‘succeeding 3-year
period’’.
(g) EFFECTIVE DATE.—Title IV of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2531 et seq.) is amended
by striking section 454.
SEC. 352. EFFECTIVE DATE.
This subtitle and the amendments made by this sub-
title take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
TITLE IV—AGRICULTURE-
RELATED PROVISIONS
Subtitle A—Agriculture
PART I—MARKET ACCESS
SEC. 401. SECTION 22 AMENDMENTS.
(a) AMENDMENT TO SECTION 22.—
(1) GENERALLY.—Subsection (f) of section 22
of the Agricultural Adjustment Act (7 U.S.C.
395
624(f)), reenacted with amendments by the Agricul-
tural Marketing Agreement Act of 1937, is amended
to read as follows:
‘‘(f) No quantitative limitation or fee shall be imposed
under this section with respect to any article that is the
product of a WTO member (as defined in section 2(10)
of the Uruguay Round Agreements Act).’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on the date of
entry into force of the WTO Agreement with respect
to the United States, except that with respect to
wheat, that amendment shall take effect on the later
of such date or September 12, 1995.
(b) CONFORMING AMENDMENTS.—
(1) SECTION 202 OF THE AGRICULTURAL ACT
OF 1956.—Section 202 of the Agricultural Act of
1956 (7 U.S.C. 1852) is amended—
(A) by striking subsection (a); and
(B) in subsection (b), by striking ‘‘(b)’’.
(2) COTTON IMPORT QUOTAS.—Section 103B of
the Agricultural Act of 1949 (7 U.S.C. 1444–2) is
amended—
(A) in subsection (a)(5)(F)(i)—
396
(i) by striking ‘‘this section’’ and in-
serting ‘‘the Uruguay Round Agreements
Act’’; and
(ii) by striking ‘‘limited global’’;
(B) in subsection (a)(5)(F)(iv), by striking
‘‘special quota period has’’ and inserting ‘‘quota
period has’’;
(C) by adding at the end of subsection
(a)(5)(F) the following:
‘‘(v) PREFERENTIAL
TARIFF
TREAT-
MENT.—The quantity under a special im-
port quota shall be considered to be an in-
quota quantity for purposes of section
213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d)), section
204 of the Andean Trade Preference Act
(19 U.S.C. 3203), section 503(d) of the
Trade Act of 1974 (19 U.S.C. 2463(d)),
and General Note 3(a)(iv) to the HTS.
‘‘(vi) DEFINITION.—As used in this
subparagraph, the term ‘special import
quota’ means a quantity of imports that is
not subject to the over-quota tariff rate of
a tariff-rate quota.’’; and
(D) in subsection (n)—
397
(i) in the subsection heading, by strik-
ing ‘‘SPECIAL’’;
(ii) in paragraph (1), by striking ‘‘this
section’’ and inserting ‘‘the Uruguay
Round Agreements Act’’;
(iii) in paragraph (1), by striking
‘‘special’’ each place it appears;
(iv) 
by 
redesignating 
paragraph
(1)(C) as paragraph (1)(D);
(v) by inserting after subparagraph
(B) of paragraph (1) the following:
‘‘(C) 
PREFERENTIAL
TARIFF
TREAT-
MENT.—The quantity under a limited global
import quota shall be considered to be an in-
quota quantity for purposes of section 213(d) of
the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703(d)), section 204 of the Andean
Trade Preference Act (19 U.S.C. 3203), section
503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)), and General Note 3(a)(iv) to the
HTS.’’; and
(vi) in paragraph (1)(D) (as redesig-
nated by clause (iv)), by adding at the end
the following:
398
‘‘(iii) 
LIMITED
GLOBAL
IMPORT
QUOTA.—As used in this subsection, the
term ‘limited global import quota’ means a
quantity of imports that is not subject to
the over-quota tariff rate of a tariff-rate
quota.’’; and
(vii) in paragraph (2), by striking
‘‘special quota period may’’ and inserting
‘‘quota period may’’.
SEC. 402. CHEESE AND CHOCOLATE CRUMB IMPORTS.
(a) REPEAL OF SECTIONS 701 AND 703.—Sections
701 and 703 of the Trade Agreements Act of 1979 (93
Stat. 268) are hereby repealed.
(b) PRESIDENTIAL ACTION.—Section 702(d)(1) (93
Stat. 268) of the Trade Agreements Act of 1979 is amend-
ed to read as follows:
‘‘(1) IN GENERAL.—Not later than 7 days after
receiving a report under subsection (c)(3) with re-
spect to an article of cheese subject to an in-quota
rate of duty (or not later than 3 days after receiving
a report under paragraph (2) in any case in which
such paragraph applies), the President shall pro-
claim the imposition of a fee on the importation of
such article from the country involved in such
amount (not to exceed the amount of the subsidy de-
399
termined under subsection (b)(2)(B)) as may be nec-
essary to ensure that the duty-paid wholesale price
of such article will not be less than the domestic
wholesale market price of similar articles produced
in the United States, and shall direct the Commis-
sioner of Customs to administer and enforce such
fee. Any such fee imposed shall be in addition to any
customs duty or other fee imposed by law.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 702 of the Trade Agreements Act
of 1979 is amended by striking ‘‘of quota cheese’’
each place it appears and inserting ‘‘of cheese sub-
ject to an in-quota rate of duty’’.
(2) Section 702(c)(2) of such Act is amended—
(A) by striking ‘‘the Special Representative
for Trade Negotiations’’ and inserting ‘‘the
United States Trade Representative’’, and
(B) by striking ‘‘The Special Representa-
tive’’ and inserting ‘‘The United States Trade
Representative’’.
(3) Subsections (c)(3)(B) and (e) of section 702
of such Act are each amended by striking ‘‘or quan-
titative limitation’’.
(4) Section 702(f) of such Act is amended—
400
(A) by inserting ‘‘(as in effect on the day
before the effective date of title II of the Uru-
guay Round Agreements Act)’’ after ‘‘Tariff
Act of 1930’’, and
(B) by striking ‘‘under title I of this Act’’
and inserting ‘‘under title VII of the Tariff Act
of 1930’’.
(5) Section 702(g)(2) of such Act is amended
by striking ‘‘or quantitative limitations’’.
(6) Section 702(h) of such Act is amended by
adding at the end the following new paragraphs:
‘‘(4) CHEESE SUBJECT TO AN IN-QUOTA RATE
OF DUTY.—The term ‘cheese subject to an in-quota
rate of duty’ means the articles and the quantities
of such articles provided for in the Additional U. S.
Notes 14 through 23 of chapter 4 of Schedule XX
(as defined in section 2(5) of the Uruguay Round
Agreements Act).
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.’’.
SEC. 403. MEAT IMPORT ACT.
The Meat Import Act of 1979 (19 U.S.C. 2253 note)
is repealed.
401
SEC. 404. ADMINISTRATION OF TARIFF-RATE QUOTAS.
(a) ORDERLY MARKETING.—In implementing the
tariff-rate quotas set out in Schedule XX for the entry,
or withdrawal from warehouse, for consumption of goods
in the United States, the President shall take such action
as may be necessary to ensure that imports of agricultural
products do not disrupt the orderly marketing of commod-
ities in the United States.
(b) INADEQUATE SUPPLY.—Where imports of an ag-
ricultural product are subject to a tariff-rate quota, and
where the President determines and proclaims that the
supply of the same or directly competitive or substitutable
agricultural product will be inadequate, because of a natu-
ral disaster, disease, or major national market disruption,
to meet domestic demand at reasonable prices, the Presi-
dent may temporarily increase the quantity of imports of
the agricultural product that is subject to the in-quota
rate of duty established under the tariff-rate quota.
(c) MONITORING.—The Secretary of Agriculture shall
monitor the domestic supply of agricultural products sub-
ject to a tariff-rate quota as the Secretary considers ap-
propriate and shall advise the President when the domestic
supply of the products and substitutable products com-
bined with the estimated imports of the products under
the tariff-rate quota may be inadequate to meet domestic
demand at reasonable prices.
402
(d) COVERAGE OF TARIFF-RATE QUOTAS.—
(1) EXCLUSIONS.—The President may, subject
to terms and conditions determined appropriate by
the President, provide that the entry, or withdrawal
from warehouse, for consumption in the United
States of an agricultural product shall not be subject
to the over-quota rate of duty established under a
tariff-rate quota if the agricultural product—
(A) is imported by, or for the account of,
any agency of the United States or of any for-
eign embassy;
(B) is imported as a sample for taking or-
ders, for the personal use of the importer, or
for the testing of equipment;
(C) is a commercial sample or is entered
for exhibition, display, or sampling at a trade
fair or for research; or
(D) is a blended syrup provided for in sub-
headings 1702.20.28, 1702.30.28, 1702.40.28,
1702.60.28, 
1702.90.58, 
1806.20.92,
1806.20.93, 
1806.90.38, 
1806.90.40,
2101.10.38, 
2101.20.38, 
2106.90.38, 
or
2106.90.67 of Schedule XX, if entered from a
foreign trade zone by a foreign trade zone user
whose facilities were in operation on June 1,
403
1990, to the extent that the annual quantity
entered into the customs territory from such
zone does not contain a quantity of sugar of
nondomestic origin greater than the quantity
authorized by the Foreign Trade Zones Board
for processing in that zone during calendar year
1985.
(2) RECLASSIFICATION.—Subject to the con-
sultation and layover requirements of section 115,
the President may proclaim a modification to the
coverage of a tariff-rate quota for any agricultural
product if the President determines the modification
is necessary or appropriate to conform the tariff-rate
quota to Schedule XX as a result of a reclassifica-
tion of any item by the Secretary of the Treasury.
(3) ALLOCATION.—The President may allocate
the in-quota quantity of a tariff-rate quota for any
agricultural product among supplying countries or
customs areas and may modify any allocation as de-
termined appropriate by the President.
(4) BILATERAL
AGREEMENT.—The President
may proclaim an increase in the tariff-rate quota for
beef if the President determines that an increase is
necessary to implement—
404
(A) the March 24, 1994, agreement be-
tween the United States and Argentina; or
(B) the March 9, 1994, agreement between
the United States and Uruguay.
(5) CONTINUATION
OF
SUGAR
HEADNOTE.—
The President is authorized to proclaim additional
United States note 3 to chapter 17 of the HTS, and
to proclaim the modifications to the note, as deter-
mined appropriate by the President to reflect Sched-
ule XX.
(e) CONFORMING AMENDMENTS.—
(1) SECTION
213
OF
THE
CARIBBEAN
BASIN
ECONOMIC RECOVERY ACT.—Section 213(d) of the
Caribbean Basin Economic Recovery Act (19 U.S.C.
2703(d)) is amended to read as follows:
‘‘(d) TARIFF-RATE QUOTAS.—No quantity of an ag-
ricultural product subject to a tariff-rate quota that ex-
ceeds the in-quota quantity shall be eligible for duty-free
treatment under this title.’’.
(2) SECTION 204 OF THE ANDEAN TRADE PREF-
ERENCE ACT.—Section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203) is amended by
adding at the end the following new subsection:
‘‘(g) TARIFF-RATE QUOTAS.—No quantity of an ag-
ricultural product subject to a tariff-rate quota that ex-
406
(B) EFFECTIVE DATE.—The amendment
made by subparagraph (A) shall take effect on
the earlier of the date of entry into force of the
WTO Agreement with respect to the United
States or January 1, 1995.
(6) RESTRICTIONS ON IMPORTED PEANUTS.—
Paragraph (6) of section 358e(f) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359a(f)(6)) is
amended by inserting after ‘‘issues a proclamation’’
the following: ‘‘under section 404(b) of the Uruguay
Round Agreements Act expanding the quantity of
peanuts subject to the in-quota rate of duty under
a tariff-rate quota, or’’.
SEC. 405. SPECIAL AGRICULTURAL SAFEGUARD AUTHOR-
ITY.
(a) DETERMINATION OF TRIGGER LEVELS.—Con-
sistent with Article 5 as determined by the President, the
President shall cause to be published in the Federal Reg-
ister—
(1) the list of special safeguard agricultural
goods not later than the date of entry into force of
the WTO Agreement with respect to the United
States; and
(2) for each special safeguard agricultural
good—
407
(A) the trigger level specified in subpara-
graph 1(a) of Article 5, on an annual basis;
(B) the trigger price specified in subpara-
graph 1(b) of Article 5; and
(C) the relevant period.
(b) DETERMINATION OF SAFEGUARD.—If the Presi-
dent determines with respect to a special safeguard agri-
cultural good that it is appropriate to impose—
(1) the price-based safeguard in accordance
with subparagraph 1(a) of Article 5; or
(2) the volume-based safeguard in accordance
with subparagraph 1(b) of Article 5,
the President shall, consistent with Article 5 as deter-
mined by the President, determine the amount of the duty
to be imposed, the period such duty shall be in effect, and
any other terms and conditions applicable to the duty.
(c) IMPOSITION
OF SAFEGUARD.—The President
shall direct the Secretary of the Treasury to impose a duty
on a special safeguard agricultural good entered, or with-
drawn from warehouse, for consumption in the United
States in accordance with a determination made under
subsection (b).
(d) NO SIMULTANEOUS SAFEGUARD.—A duty may
not be in effect for a special safeguard agricultural good
pursuant to this section during any period in which such
408
good is the subject of any action proclaimed pursuant to
section 202 or 203 of the Trade Act of 1974 (19 U.S.C.
2252 or 2253).
(e) EXCLUSION OF NAFTA COUNTRIES.—The Presi-
dent may exempt from any duty imposed under this sec-
tion any good originating in a NAFTA country (as deter-
mined in accordance with section 202 of the North Amer-
ican Free Trade Agreement Implementation Act (19
U.S.C. 3332)).
(f) ADVICE OF SECRETARY OF AGRICULTURE.—The
Secretary of Agriculture shall advise the President on the
implementation of this section.
(g) TERMINATION DATE.—This section shall cease to
be effective on the date, as determined by the President,
that the special safeguard provisions of Article 5 are no
longer in force with respect to the United States.
(h) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Article 5’’ means Article 5 of the
Agreement on Agriculture described in section
101(d)(2);
(2) the term ‘‘relevant period’’ means the pe-
riod determined by the President to be applicable to
a special safeguard agricultural good for purposes of
applying this section; and
409
(3) the term ‘‘special safeguard agricultural
good’’ means an agricultural good on which an addi-
tional duty may be imposed pursuant to the special
safeguard provisions of Article 5.
PART II—EXPORTS
SEC. 411. EXPORT PROGRAMS.
(a) EXPORT ENHANCEMENT PROGRAM.—
(1) SHORT
TITLE.—This subsection may be
cited as the ‘‘Export Enhancement Program Amend-
ments of 1994’’.
(2) TITLE HEADING.—Title III of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5651 et seq.) is
amended by striking the title heading and inserting
the following:
‘‘TITLE III—EXPORT
ENHANCEMENT PROGRAM’’.
(3) GENERAL AUTHORITY.—Subsection (a) of
section 301 of such Act (7 U.S.C. 5651(a)) is
amended to read as follows:
‘‘(a) IN GENERAL.—The Commodity Credit Corpora-
tion shall carry out an export enhancement program in
accordance with this section to encourage the commercial
sale of United States agricultural commodities in world
markets at competitive prices. The program shall be car-
ried out in a market sensitive manner. Activities under
410
the program shall not be limited to responses to unfair
trade practices.’’.
(4) FUNDING.—Section 301 of such Act (7
U.S.C. 5651) is amended—
(A) in subsection (e), by striking ‘‘1995’’
and inserting ‘‘2001’’; and
(B) by adding at the end the following:
‘‘(g) CONSISTENCY WITH INTERNATIONAL OBLIGA-
TIONS.—Notwithstanding any other provision of this sec-
tion, the Commodity Credit Corporation shall administer
and carry out the program authorized by this section in
a manner consistent, as determined by the President, with
the obligations undertaken by the United States set forth
in the Uruguay Round Agreements.’’.
(b) DAIRY EXPORT INCENTIVE PROGRAM.—Section
153(a) of the Food Security Act of 1985 (15 U.S.C. 713a–
14) is amended by striking ‘‘1995’’ and inserting ‘‘2001’’.
(c) EXPORT SALES
OF DAIRY PRODUCTS.—Sub-
section (a) of section 1163 of the Food Security Act of
1985 (Public Law 99–198; 7 U.S.C. 1731 note) is amend-
ed to read as follows:
‘‘(a) In each fiscal year, the Secretary of Agriculture
may sell dairy products for export, at such prices as the
Secretary determines appropriate, in a quantity and allo-
cated as determined by the Secretary, consistent with the
411
obligations undertaken by the United States set forth in
the Uruguay Round Agreements, if the disposition of the
commodities will not interfere with the usual marketings
of the United States nor disrupt world prices of agricul-
tural commodities and patterns of commercial trade.’’.
(d) MARKET PROMOTION PROGRAM.—(1) Section
203(c) of the Agricultural Trade Act of 1978 (7 U.S.C.
5623(c)) is amended—
(A) by striking paragraph (2);
(B) by striking ‘‘PARTICIPATION.—’’ and all
that follows through ‘‘To’’ in paragraph (1) and in-
serting ‘‘PARTICIPATION.—To’’;
(C) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively;
and
(D) by aligning the margins of paragraphs (1),
(2), and (3) (as so redesignated) so as to align with
the margin of paragraph (1) of subsection (d).
(2) Section 203(f)(2) of such Act (7 U.S.C.
5623(f)(2)) is amended—
(A) by striking subparagraph (D);
(B) by inserting ‘‘or’’ at the end of subpara-
graph (C); and
(C) by redesignating subparagraph (E) as sub-
paragraph (D).
412
(e) FOOD AID.—
(1) POLICY.—In light of the Uruguay Round
Agreement on Agriculture and the Ministerial Deci-
sion on Measures Concerning the Possible Negative
Effects of the Reform Program on Least-Developed
and Net-Food Importing Developing Countries, the
United States reaffirms the commitment of the
United States to providing food aid to developing
countries.
(2) SENSE OF CONGRESS.—It is the sense of
Congress that—
(A) the President should initiate consulta-
tions with other donor nations to consider ap-
propriate levels of food aid commitments to
meet the legitimate needs of developing coun-
tries; and
(B) the United States should increase its
contribution of bona fide food assistance to de-
veloping countries consistent with the Agree-
ment on Agriculture.
SEC. 412. OTHER CONFORMING AMENDMENTS.
(a) PUBLIC LAW 98–332.—Section 106 of Public
Law 98–332 (98 Stat. 287), is repealed.
(b) AGRICULTURE, RURAL DEVELOPMENT, AND RE-
LATED AGENCIES APPROPRIATIONS ACT, 1984.—Section
413
625(A) of the Agriculture, Rural Development, and Relat-
ed Agencies Appropriations Act, 1984, as given the force
of law by section 101(d) of Public Law 98–151 (97 Stat.
1853), is repealed.
(c) AGRICULTURAL ACT OF 1956.—Section 203 of the
Agriculture Act of 1956 (7 U.S.C. 1853) is repealed.
PART III—OTHER PROVISIONS
SEC. 421. AUTHORITY FOR CERTAIN ACTIONS UNDER ARTI-
CLE XXVIII.
(a) IN GENERAL.—In the application of section
125(c) of the Trade Act of 1974 (19 U.S.C. 2135) with
respect to any item provided for in subheadings
2401.10.60, 
2401.20.30, 
2401.20.80, 
2401.30.30,
2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or
2403.99.00 of the HTS, ‘‘350’’ shall be substituted for
‘‘20’’ where it appears in such section.
(b) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
SEC. 422. TOBACCO IMPORTS.
(a) DOMESTIC MARKETING ASSESSMENT.—Section
320C of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1314i) is amended by adding at the end the follow-
ing new subsection:
‘‘(g) EFFECTIVE DATE.—This section shall be effec-
tive only for calendar year 1994.’’.
414
(b) BUDGET DEFICIT ASSESSMENT.—
(1) IMPORTER ASSESSMENTS.—Section 106(g)
of the Agricultural Act of 1949 (7 U.S.C. 1445(g))
is amended—
(A) by striking paragraph (1) and insert-
ing the following new paragraph:
‘‘(1) Effective only for each of the 1994
through 1998 crops of tobacco for which price sup-
port is made available under this Act, each producer
and purchaser of such tobacco, and each importer of
the same kind of tobacco, shall remit to the Com-
modity Credit Corporation a nonrefundable market-
ing assessment in an amount equal to—
‘‘(A) in the case of a producer or pur-
chaser of domestic tobacco, .5 percent of the
national price support level for each such crop;
and
‘‘(B) in the case of an importer of tobacco,
1 percent of the national support price for the
same kind of tobacco;
as provided for in this section.’’; and
(B) in paragraph (2), by striking ‘‘assess-
ments and purchaser’’ and inserting ‘‘, pur-
chaser, and importer’’.
415
(2) CONFORMING
AMENDMENT.—Section 106
of such Act (7 U.S.C. 1445) is amended by striking
subsection (h).
(c) WAIVER AUTHORITY.—The President may waive
the application to imported tobacco of section 106(g),
106A, or 106B of the Agricultural Act of 1949 (7 U.S.C.
1445(g), 1445–1, or 1445–2) or the amendment made in
subsection (c) of section 1106 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103–66; 107 Stat.
323) if the President determines that the waiver is nec-
essary or appropriate pursuant to an international agree-
ment entered into by the United States.
(d) DUTY DRAWBACK.—Section 313(w) of the Tariff
Act of 1930 (19 U.S.C. 1313) (as added by section
404(d)(5)) is further amended—
(1) by striking ‘‘PRODUCTS.—No’’ and insert-
ing ‘‘PRODUCTS.—
‘‘(1) IN GENERAL.—No’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) APPLICATION
TO
TOBACCO.—Notwith-
standing paragraph (1), drawback shall also be
available pursuant to subsection (a) with respect to
any tobacco subject to the over-quota rate of duty
established under a tariff-rate quota.’’.
416
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall be effective beginning
on the effective date of the Presidential proclamation, au-
thorized under section 421, establishing a tariff-rate quota
pursuant to Article XXVIII of the GATT 1947 or the
GATT 1994 with respect to tobacco.
SEC. 423. TOBACCO PROCLAMATION AUTHORITY.
(a) IN GENERAL.—The President, after consultation
with the Committee on Ways and Means of the House of
Representatives and with the Committee on Finance of the
Senate, may proclaim the reduction or elimination of any
duty with respect to cigar binder and filler tobacco, wrap-
per tobacco, or oriental tobacco set forth in Schedule XX.
(b) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
SEC. 424. REPORT TO CONGRESS ON ACCESS TO CANADIAN
DAIRY AND POULTRY MARKETS.
The President, not later than 6 months after the date
of entry into force of the WTO Agreement with respect
to the United States, shall submit a report to the Congress
on the extent to which Canada is complying with its obli-
gations under the Uruguay Round Agreements with re-
spect to dairy and poultry products and with its related
obligations under the North American Free Trade Agree-
ment.
417
SEC. 425. STUDY OF MILK MARKETING ORDER SYSTEM.
The Secretary of Agriculture shall conduct a study
to determine the effects of the Uruguay Round Agree-
ments on the Federal milk marketing order system. Not
later than 6 months after the date of entry into force of
the WTO Agreement with respect to the United States,
the Secretary of Agriculture shall report to the Congress
on the results of the study.
SEC. 426. ADDITIONAL PROGRAM FUNDING.
(a) USE OF ADDITIONAL FUNDS.—Consistent, as de-
termined by the President, with the obligations under-
taken by the United States set forth in the Uruguay
Round Agreements, the Commodity Credit Corporation
shall use, in addition to any other funds appropriated or
made available for such purposes, any funds made avail-
able under subsection (b) for authorized export promotion,
foreign market development, export credit financing, and
promoting the development, commercialization, and mar-
keting of products resulting from alternative uses of agri-
cultural commodities.
(b) AMOUNT
OF ADDITIONAL FUNDS.—Amounts
shall be credited to the Commodity Credit Corporation in
fiscal year 1995 equal to the lesser of the dollar amount
of—
(1) the fiscal year 1995 Pay-As-You-Go sav-
ings; and
418
(2) the 5-year Pay-As-You-Go savings;
under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985, resulting from the enactment
of the Federal Crop Insurance Reform Act of 1994.
(c) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this section.
Subtitle B—Sanitary and
Phytosanitary Measures
SEC. 431. SANITARY AND PHYTOSANITARY MEASURES.
(a) TRADE AGREEMENTS ACT
OF 1979.—Section
414 of the Trade Agreements Act of 1979 (19 U.S.C.
2544) is amended by adding at the end the following:
‘‘(c) SANITARY AND PHYTOSANITARY MEASURES.—
‘‘(1) PUBLIC INFORMATION.—The standards in-
formation center shall, in addition to the functions
specified under subsection (b), make available to the
public relevant documents, at such reasonable fees
as the Secretary of Commerce may prescribe, and
information regarding—
‘‘(A) any sanitary or phytosanitary meas-
ure of general application, including any inspec-
tion procedure or approval procedure proposed,
adopted, or maintained by a Federal agency or
agency of a State or local government;
419
‘‘(B) the procedures of a Federal agency or
an agency of a State or local government for
risk assessment and factors the agency consid-
ers in conducting the assessment;
‘‘(C) the determination of the levels of pro-
tection that a Federal agency or an agency of
a State or local government considers appro-
priate; and
‘‘(D) the membership and participation of
the Federal Government and State and local
governments in international and regional sani-
tary and phytosanitary organizations and sys-
tems, and in bilateral and multilateral arrange-
ments regarding sanitary and phytosanitary
measures, and the provisions of those systems
and arrangements.
‘‘(2) DEFINITIONS.—The definitions in section
463 apply for purposes of this subsection.’’.
(b) RAILWAY CAR INSPECTION.—Subsection (a) of
the Act of January 31, 1942 (56 Stat. 40, chapter 31;
7 U.S.C. 149), is amended by striking ‘‘from Mexico’’.
(c) FEDERAL PLANT PEST ACT.—The Federal Plant
Pest Act (7 U.S.C. 150aa et seq.) is amended—
(1) so that section 103 (7 U.S.C. 150bb) reads
as follows:
420
‘‘SEC. 103. MOVEMENT OF PESTS PROHIBITED.
‘‘(a) IN GENERAL.—No person shall import or enter
any plant pest into the United States, or move any plant
pest interstate, or accept delivery of any plant pest moving
from any foreign country into or through the United
States, or interstate, unless the movement is made in ac-
cordance with such regulations as the Secretary may pro-
mulgate to prevent the dissemination into the United
States, or interstate, of plant pests.
‘‘(b) REGULATIONS.—The regulations promulgated
by the Secretary to implement subsection (a) may include
regulations requiring that a plant pest moving into or
through the United States, or interstate—
‘‘(1) be accompanied by a permit issued by the
Secretary prior to the movement of the plant pest;
or
‘‘(2) be accompanied by a certificate of inspec-
tion issued, in a manner and form required by the
Secretary, by appropriate officials of the country or
State from which the plant pest is to be moved.’’;
and
(2) in section 104 (7 U.S.C. 150cc)—
(A) so that subsection (a) reads as follows:
‘‘(a) Any letter, parcel, box, or other package contain-
ing any plant pest, whether sealed as letter-rate postal
matter or not, is nonmailable, and shall not knowingly be
421
conveyed in the mail or delivered from any post office or
by any mail carrier, unless it is mailed in conformance
with such regulations as the Secretary may promulgate
to prevent the dissemination into the United States, or
interstate, of plant pests.’’;
(B) by striking subsection (b); and
(C) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively.
(d) PLANT QUARANTINE ACT.—The Act of August
20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.)
(commonly known as the ‘‘Plant Quarantine Act’’) is
amended—
(1) so that the first section (7 U.S.C. 151)
reads as follows:
‘‘SECTION 1. IMPORTATION OF NURSERY STOCK.
‘‘(a) IN GENERAL.—No person shall—
‘‘(1) import or enter into the United States any
nursery stock; or
‘‘(2) accept delivery of any nursery stock mov-
ing from any foreign country into or through the
United States;
unless the movement is made in accordance with such reg-
ulations as the Secretary of Agriculture may promulgate
to prevent dissemination into the United States of plant
pests, plant diseases, or insect pests.
422
‘‘(b) REGULATIONS.—The regulations promulgated
by the Secretary of Agriculture to implement subsection
(a) may include regulations requiring that nursery stock
moving into or though the United States—
‘‘(1) be accompanied by a permit issued by the
Secretary of Agriculture prior to the movement of
the nursery stock;
‘‘(2) be accompanied by a certificate of inspec-
tion issued, in a manner and form required by the
Secretary of Agriculture, by appropriate officials of
the country or State from which the nursery stock
is to be moved;
‘‘(3) be grown under postentry quarantine con-
ditions by or under the supervision of the Secretary
of Agriculture for the purposes of determining
whether the nursery stock may be infested with
plant pests or insect pests, or infected with plant
diseases, not discernible by port-of-entry inspection;
and
‘‘(4) if the nursery stock is found to be infested
with plant pests or insect pests or infected with
plant diseases, be subject to remedial measures the
Secretary of Agriculture determines to be necessary
to prevent the spread of plant pests, insect pests, or
plant diseases.’’; and
423
(2) so that the last sentence of section 2 (7
U.S.C. 156) reads as follows: ‘‘This section does not
apply to nursery stock that is imported or entered
from a country or a region of a country that the
Secretary of Agriculture designates, pursuant to pro-
cedures set forth in such regulations as the Sec-
retary may promulgate, as exempt from the require-
ments of this section.’’.
(e) HONEYBEE IMPORTATION.—The first section of
the Act of August 31, 1922 (42 Stat. 833, chapter 301;
7 U.S.C. 281) (commonly known as the ‘‘Honeybee Act’’),
is amended to read as follows:
‘‘SECTION 1. HONEYBEE IMPORTATION.
‘‘(a) IN GENERAL.—The Secretary of Agriculture is
authorized to prohibit or restrict the importation or entry
of honeybees and honeybee semen into or through the
United States in order to prevent the introduction and
spread of diseases and parasites harmful to honeybees, the
introduction of genetically undesirable germ plasm of hon-
eybees, or the introduction and spread of undesirable spe-
cies or subspecies of honeybees and the semen of honey-
bees.
‘‘(b) REGULATIONS.—The Secretary of Agriculture
and the Secretary of the Treasury are each authorized to
424
prescribe such regulations as the respective Secretary de-
termines necessary to carry out this section.
‘‘(c) ENFORCEMENT.—Honeybees or honeybee semen
offered for importation into, intercepted entering, or hav-
ing entered the United States, other than in accordance
with regulations promulgated by the Secretary of Agri-
culture and the Secretary of the Treasury, shall be de-
stroyed or immediately exported.
‘‘(d) DEFINITION.—As used in this Act, the term
‘honeybee’ means all life stages and the germ plasm of
honeybees of the genus Apis, except honeybee semen.’’.
(f) FEDERAL NOXIOUS WEED ACT OF 1974.—Sec-
tion 4 of the Federal Noxious Weed Act of 1974 (7 U.S.C.
2803) is amended so that subsections (a) through (b) read
as follows:
‘‘(a) No person shall import or enter any noxious
weed identified in a regulation promulgated by the Sec-
retary into or through the United States or move any nox-
ious weed interstate, unless the movement is in accordance
with such conditions as the Secretary may prescribe by
regulation under this Act to prevent the dissemination into
the United States, or interstate, of such noxious weeds.
‘‘(b) The regulations prescribed by the Secretary to
implement subsection (a) may include regulations requir-
ing that any noxious weed imported or entered into the
425
United States or moving interstate be accompanied by a
permit issued by the Secretary prior to the movement of
the noxious weed.’’.
(g) TARIFF ACT OF 1930.—Section 306(b) of the
Tariff Act of 1930 (19 U.S.C. 1306(b)) is amended by
inserting before the period at the end the following: ‘‘, or
is, and is likely to remain, a region of low prevalence of
rinderpest and foot-and-mouth disease’’.
(h) IMPORTATION OF ANIMALS.—Section 6 of the Act
of August 30, 1890 (26 Stat. 416, chapter 839; 21 U.S.C.
104), is amended to read as follows:
‘‘SEC. 6. IMPORTATION OF ANIMALS.
‘‘(a) IN GENERAL.—The Secretary of Agriculture
may by regulation prohibit or restrict the importation or
entry of any cattle, sheep, or other ruminants, or swine,
that are diseased or infected with any disease, or that have
been exposed to an infection, into or through the United
States to prevent the dissemination into the United States
of a disease.
‘‘(b) PENALTIES.—
‘‘(1) CRIMINAL.—Any person who knowingly
violates any regulation promulgated by the Secretary
pursuant to this section, or any provision of sections
7 through 10 or any regulation promulgated by the
Secretary pursuant to such sections, shall be fined
426
under title 18, United States Code, or imprisoned
not more than 1 year, or both.
‘‘(2) CIVIL.—Any person who violates any such
provision or any such regulation may be assessed a
civil penalty by the Secretary of Agriculture not ex-
ceeding $1,000. The Secretary may issue an order
assessing the civil penalty only after notice and an
opportunity for an agency hearing on the record.
The order shall be treated as a final order
reviewable under chapter 158 of title 28, United
States Code. The validity of the order may not be
reviewed in an action to collect such civil penalty.’’.
(i) INSPECTION OF ANIMALS.—Section 10 of the Act
of August 30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C.
105), is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) IN GENERAL.—Except
as provided in subsection (b), the’’ and insert-
ing ‘‘The’’;
(B) in the first sentence, by striking ‘‘shall
cause careful inspection to be made by a suit-
able officer of all’’ and inserting ‘‘may cause
careful inspection of any’’; and
(C) in the third sentence, by striking ‘‘they
shall not be allowed to be placed’’ and inserting
427
‘‘the Secretary may prohibit or restrict their
placement’’; and
(2) by striking subsection (b).
(j) INTERNATIONAL
ANIMAL
QUARANTINE
STA-
TION.—The 6th sentence in the first section of Public Law
91–239 (21 U.S.C. 135) is amended—
(1) by striking ‘‘North American’’; and
(2) by striking ‘‘within the United States’’.
(k) POULTRY PRODUCTS INSPECTION ACT.—Section
17(d) of the Poultry Products Inspection Act (21 U.S.C.
466) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) Notwithstanding any other provision of law, all
poultry, or parts or products of poultry, capable of use
as human food offered for importation into the United
States shall—
‘‘(A) be subject to inspection, sanitary, quality,
species verification, and residue standards that
achieve a level of sanitary protection equivalent to
that achieved under United States standards; and
‘‘(B) have been processed in facilities and under
conditions that achieve a level of sanitary protection
equivalent to that achieved under United States
standards.’’; and
428
(2) in paragraph (2)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) The Secretary may treat as equivalent to a
United States standard a standard of an exporting coun-
try described in paragraph (1) if the exporting country
provides the Secretary with scientific evidence or other in-
formation, in accordance with risk assessment methodolo-
gies determined appropriate by the Secretary, to dem-
onstrate that the standard of the exporting country
achieves the level of sanitary protection achieved under the
United States standard. For the purposes of this sub-
section, the term ‘sanitary protection’ means protection to
safeguard public health.’’;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
(l) FEDERAL MEAT INSPECTION ACT.—Section 20(e)
of the Federal Meat Inspection Act (21 U.S.C. 620(e))
is amended—
(1) so that subparagraphs (A) through (B) of
paragraph (1) read as follows:
‘‘(A) A certification by the Secretary that for-
eign plants exporting carcasses or meat or meat
products referred to in subsection (a) have complied
429
with requirements that achieve a level of sanitary
protection equivalent to that achieved under United
States requirements with regard to all inspection,
building construction standards, and all other provi-
sions of this Act and regulations issued under this
Act.
‘‘(B) The Secretary may treat as equivalent to
a United States requirement a requirement de-
scribed in subparagraph (A) if the exporting country
provides the Secretary with scientific evidence or
other information, in accordance with risk assess-
ment methodologies determined appropriate by the
Secretary, to demonstrate that the requirement
achieves the level of sanitary protection achieved
under the United States requirement. For the pur-
poses of this subsection, the term ‘sanitary protec-
tion’ means protection to safeguard public health.’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through
(7) as paragraphs (2) through (6), respectively.
SEC. 432. INTERNATIONAL STANDARD-SETTING ACTIVITIES.
Title IV of the Trade Agreements Act of 1979 (19
U.S.C. 2531 et seq.) is amended by adding at the end
the following new subtitle:
430
‘‘Subtitle F—International
Standard-Setting Activities
‘‘SEC. 491. NOTICE OF UNITED STATES PARTICIPATION IN
INTERNATIONAL STANDARD-SETTING ACTIVI-
TIES.
‘‘(a) IN GENERAL.—The President shall designate an
agency to be responsible for informing the public of the
sanitary and phytosanitary standard-setting activities of
each international standard-setting organization.
‘‘(b) NOTIFICATION.—Not later than June 1 of each
year, the agency designated under subsection (a) with re-
spect to each international standard-setting organization
shall publish notice in the Federal Register of the informa-
tion specified in subsection (c) with respect to that organi-
zation. The notice shall cover the period ending on June
1 of the year in which the notice is published, and begin-
ning on the date of the preceding notice under this sub-
section, except that the first such notice shall cover the
1-year period ending on the date of the notice.
‘‘(c) REQUIRED INFORMATION.—The information to
be provided in the notice under subsection (b) is—
‘‘(1) the sanitary or phytosanitary standards
under consideration or planned for consideration by
that organization;
433
or phystosanitary measure of the Food and Drug Adminis-
tration that is not required to be promulgated as a rule
under the Federal Food, Drug, and Cosmetic Act or other
statute administered by the Food and Drug Administra-
tion, the Commissioner shall publish a notice in the Fed-
eral Register that identifies the basis for the determina-
tion that the measure provides at least the same level of
sanitary or phytosanitary protection as the comparable
Federal sanitary or phytosanitary measure. The Commis-
sioner shall provide opportunity for interested persons to
comment on the notice. The Commissioner shall not issue
a final determination on the issue of equivalency without
taking into account the comments received.
‘‘SEC. 493. DEFINITIONS.
‘‘(a) IN GENERAL.—As used in this subtitle:
‘‘(1) AGENCY.—The term ‘agency’ means a
Federal department or agency (or combination of
Federal departments or agencies).
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of Food and Drugs.
‘‘(3) INTERNATIONAL STANDARD-SETTING OR-
GANIZATION.—The term ‘international standard-set-
ting organization’ means an organization consisting
of representatives of 2 or more countries, the pur-
434
pose of which is to negotiate, develop, promulgate, or
amend an international standard.
‘‘(4) SANITARY
OR
PHYTOSANITARY
STAND-
ARD.—The term ‘sanitary or phytosanitary stand-
ard’ means a standard intended to form a basis for
a sanitary or phytosanitary measure.
‘‘(5) INTERNATIONAL
STANDARD.—The term
‘international standard’ means a standard, guideline,
or recommendation—
‘‘(A) regarding food safety, adopted by the
Codex Alimentarius Commission, including a
standard, guideline, or recommendation regard-
ing decomposition elaborated by the Codex
Committee on Fish and Fishery Products, food
additives, contaminants, hygienic practice, and
methods of analysis and sampling;
‘‘(B) 
regarding 
animal 
health 
and
zoonoses, developed under the auspices of the
International Office of Epizootics;
‘‘(C) regarding plant health, developed
under the auspices of the Secretariat of the
International Plant Protection Convention in
cooperation with the North American Plant
Protection Organization; or
435
‘‘(D) established by or developed under any
other international organization agreed to by
the NAFTA countries (as defined in section
2(4) of the North American Free Trade Agree-
ment Implementation Act) or by the WTO
members (as defined in section 2(10) of the
Uruguay Round Agreements Act).
‘‘(b) OTHER DEFINITIONS.—The definitions set forth
in section 463 apply for purposes of this subtitle except
that in applying paragraph (7) of section 463 with respect
to a sanitary or phytosanitary measure of a foreign coun-
try, any reference in such paragraph to the United States
shall be deemed to be a reference to that foreign coun-
try.’’.
Subtitle C—Standards
SEC. 441. THE FEDERAL SEED ACT.
The Federal Seed Act (7 U.S.C. 1551 et seq.) is
amended—
(1) in section 301(a) (7 U.S.C. 1581(a))—
(A) by striking ‘‘(a)’’;
(B) in paragraph (1), by striking ‘‘, or is
required to be stained and is not so stained,
under the terms of this title,’’;
(C) by striking paragraph (3); and
436
(D) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
(2) in section 302 (7 U.S.C. 1582)—
(A) in subsection (a), by striking ‘‘stain-
ing,’’ both places it appears; and
(B) by striking subsection (e);
(3) by striking section 303 (7 U.S.C. 1585) and
inserting the following new section:
‘‘SEC. 303. CERTAIN SEEDS NOT ADAPTED FOR GENERAL
AGRICULTURAL USE.
‘‘Whenever the Secretary of Agriculture, after a pub-
lic hearing, determines that seed of alfalfa or red clover
from any foreign country is not adapted for general agri-
cultural use in the United States, the Secretary shall pub-
lish the determination and the reasons for the determina-
tion.’’; and
(4) in section 304 (7 U.S.C. 1586)—
(A) in subsection (a)—
(i) by inserting ‘‘or’’ at the end of
paragraph (2);
(ii) by striking the semicolon at the
end of paragraph (3) and inserting a pe-
riod; and
(iii) 
by 
striking 
paragraphs 
(4)
through (7);
437
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as sub-
section (b).
Subtitle D—General Effective Date
SEC. 451. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, this title,
and the amendments made by this title, shall take effect
on the date of entry into force of the WTO Agreement
with respect to the United States.
TITLE V—INTELLECTUAL
PROPERTY
SEC. 501. DEFINITION.
For purposes of this title—
(1) the term ‘‘WTO Agreement’’ has the mean-
ing given that term in section 2(9) of the Uruguay
Round Agreements Act; and
(2) the term ‘‘WTO member country’’ has the
meaning given that term in section 2(10) of the
Uruguay Round Agreements Act.
Subtitle A—Copyright Provisions
SEC. 511. RENTAL RIGHTS IN COMPUTER PROGRAMS.
Section 804(c) of the Computer Software Rental
Amendments Act of 1990 (17 U.S.C. 109 note; 104 Stat.
5136) is amended by striking the first sentence.
438
SEC. 512. CIVIL PENALTIES FOR UNAUTHORIZED FIXATION
OF AND TRAFFICKING IN SOUND RECORD-
INGS AND MUSIC VIDEOS OF LIVE MUSICAL
PERFORMANCES.
(a) IN GENERAL.—Title 17, United States Code, is
amended by adding at the end the following new chapter:
‘‘CHAPTER 11—SOUND RECORDINGS AND MUSIC
VIDEOS
‘‘Sec.
‘‘1101. Unauthorized fixation and trafficking in sound recordings and music vid-
eos.
‘‘§ 1101. Unauthorized fixation and trafficking in
sound recordings and music videos
‘‘(a) UNAUTHORIZED ACTS.—Anyone who, without
the consent of the performer or performers involved—
‘‘(1) fixes the sounds or sounds and images of
a live musical performance in a copy or phonorecord,
or reproduces copies or phonorecords of such a per-
formance from an unauthorized fixation,
‘‘(2) transmits or otherwise communicates to
the public the sounds or sounds and images of a live
musical performance, or
‘‘(3) distributes or offers to distribute, sells or
offers to sell, rents or offers to rent, or traffics in
any copy or phonorecord fixed as described in para-
439
graph (1), regardless of whether the fixations oc-
curred in the United States,
shall be subject to the remedies provided in sections 502
through 505, to the same extent as an infringer of copy-
right.
‘‘(b) DEFINITION.—As used in this section, the term
‘traffic in’ means transport, transfer, or otherwise dispose
of, to another, as consideration for anything of value, or
make or obtain control of with intent to transport, trans-
fer, or dispose of.
‘‘(c) APPLICABILITY.—This section shall apply to any
act or acts that occur on or after the date of the enactment
of the Uruguay Round Agreements Act.
‘‘(d) STATE LAW NOT PREEMPTED.—Nothing in this
section may be construed to annul or limit any rights or
remedies under the common law or statutes of any
State.’’.
(b) CONFORMING AMENDMENT.—The table of chap-
ters for title 17, United States Code, is amended by add-
ing at the end the following:
‘‘11. Sound Recordings and Music Videos ................................ 1101’’.
440
SEC. 513. CRIMINAL PENALTIES FOR UNAUTHORIZED FIXA-
TION OF AND TRAFFICKING IN SOUND RE-
CORDINGS AND MUSIC VIDEOS OR LIVE MU-
SICAL PERFORMANCES.
(a) IN GENERAL.—Chapter 113 of title 18, United
States Code, is amended by inserting after section 2319
the following:
‘‘§ 2319A. Unauthorized fixation of and trafficking in
sound recordings and music videos of
live musical performances
‘‘(a) OFFENSE.—Whoever, without the consent of the
performer or performers involved, knowingly and for pur-
poses of commercial advantage or private financial gain—
‘‘(1) fixes the sounds or sounds and images of
a live musical performance in a copy or phonorecord,
or reproduces copies or phonorecords of such a per-
formance from an unauthorized fixation;
‘‘(2) transmits or otherwise communicates to
the public the sounds or sounds and images of a live
musical performance; or
‘‘(3) distributes or offers to distribute, sells or
offers to sell, rents or offers to rent, or traffics in
any copy or phonorecord fixed as described in para-
graph (1), regardless of whether the fixations oc-
curred in the United States;
441
shall be imprisoned for not more than 5 years or fined
in the amount set forth in this title, or both, or if the
offense is a second or subsequent offense, shall be impris-
oned for not more than 10 years or fined in the amount
set forth in this title, or both.
‘‘(b) FORFEITURE AND DESTRUCTION.—When a per-
son is convicted of a violation of subsection (a), the court
shall order the forfeiture and destruction of any copies or
phonorecords created in violation thereof, as well as any
plates, molds, matrices, masters, tapes, and film negatives
by means of which such copies or phonorecords may be
made. The court may also, in its discretion, order the for-
feiture and destruction of any other equipment by means
of which such copies or phonorecords may be reproduced,
taking into account the nature, scope, and proportionality
of the use of the equipment in the offense.
‘‘(c) SEIZURE
AND
FORFEITURE.—If copies or
phonorecords of sounds or sounds and images of a live
musical performance are fixed outside of the United States
without the consent of the performer or performers in-
volved, such copies or phonorecords are subject to seizure
and forfeiture in the United States in the same manner
as property imported in violation of the customs laws. The
Secretary of the Treasury shall, not later than 60 days
after the date of the enactment of the Uruguay Round
442
Agreements Act, issue regulations to carry out this sub-
section, including regulations by which any performer
may, upon payment of a specified fee, be entitled to notifi-
cation by the United States Customs Service of the impor-
tation of copies or phonorecords that appear to consist of
unauthorized fixations of the sounds or sounds and images
of a live musical performance.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the terms ‘copy’, ‘fixed’, ‘musical work’,
‘phonorecord’, ‘reproduce’, ‘sound recordings’, and
‘transmit’ mean those terms within the meaning of
title 17; and
‘‘(2) the term ‘traffic in’ means transport,
transfer, or otherwise dispose of, to another, as con-
sideration for anything of value, or make or obtain
control of with intent to transport, transfer, or dis-
pose of.
‘‘(e) APPLICABILITY.—This section shall apply to any
Act or Acts that occur on or after the date of the enact-
ment of the Uruguay Round Agreements Act.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 113 of title 18, United States Code, is
amended by inserting after the item relating to section
2319 the following:
‘‘2319A. Unauthorized fixation of and trafficking in sound recordings and music
videos of live musical performances.’’.
443
SEC. 514. RESTORED WORKS.
(a) IN GENERAL.—Section 104A of title 17, United
States Code, is amended to read as follows:
‘‘§ 104A. Copyright in restored works
‘‘(a) AUTOMATIC PROTECTION AND TERM.—
‘‘(1) TERM.—
‘‘(A) Copyright subsists, in accordance
with this section, in restored works, and vests
automatically on the date of restoration.
‘‘(B) Any work in which copyright is re-
stored under this section shall subsist for the
remainder of the term of copyright that the
work would have otherwise been granted in the
United States if the work never entered the
public domain in the United States.
‘‘(2) EXCEPTION.—Any work in which the
copyright was ever owned or administered by the
Alien Property Custodian and in which the restored
copyright would be owned by a government or in-
strumentality thereof, is not a restored work.
‘‘(b) OWNERSHIP OF RESTORED COPYRIGHT.—A re-
stored work vests initially in the author or initial
rightholder of the work as determined by the law of the
source country of the work.
‘‘(c) FILING OF NOTICE OF INTENT TO ENFORCE
RESTORED COPYRIGHT AGAINST RELIANCE PARTIES.—
444
On or after the date of restoration, any person who owns
a copyright in a restored work or an exclusive right therein
may file with the Copyright Office a notice of intent to
enforce that person’s copyright or exclusive right or may
serve such a notice directly on a reliance party. Acceptance
of a notice by the Copyright Office is effective as to any
reliance parties but shall not create a presumption of the
validity of any of the facts stated therein. Service on a
reliance party is effective as to that reliance party and
any other reliance parties with actual knowledge of such
service and of the contents of that notice.
‘‘(d) REMEDIES FOR INFRINGEMENT OF RESTORED
COPYRIGHTS.—
‘‘(1) ENFORCEMENT
OF
COPYRIGHT
IN
RE-
STORED WORKS IN THE ABSENCE OF A RELIANCE
PARTY.—As against any party who is not a reliance
party, the remedies provided in chapter 5 of this
title shall be available on or after the date of res-
toration of a restored copyright with respect to an
act of infringement of the restored copyright that is
commenced on or after the date of restoration.
‘‘(2) ENFORCEMENT
OF
COPYRIGHT
IN
RE-
STORED WORKS AS AGAINST RELIANCE PARTIES.—
As against a reliance party, except to the extent pro-
vided in paragraphs (3) and (4), the remedies pro-
445
vided in chapter 5 of this title shall be available,
with respect to an act of infringement of a restored
copyright, on or after the date of restoration of the
restored copyright if the requirements of either of
the following subparagraphs are met:
‘‘(A)(i) The owner of the restored copy-
right (or such owner’s agent) or the owner of
an exclusive right therein (or such owner’s
agent) files with the Copyright Office, during
the 24-month period beginning on the date of
restoration, a notice of intent to enforce the re-
stored copyright; and
‘‘(ii)(I) the act of infringement commenced
after the end of the 12-month period beginning
on the date of publication of the notice in the
Federal Register;
‘‘(II) the act of infringement commenced
before the end of the 12-month period described
in subclause (I) and continued after the end of
that 12-month period, in which case remedies
shall be available only for infringement occur-
ring after the end of that 12-month period; or
‘‘(III) copies or phonorecords of a work in
which copyright has been restored under this
446
section are made after publication of the notice
of intent in the Federal Register.
‘‘(B)(i) The owner of the restored copy-
right (or such owner’s agent) or the owner of
an exclusive right therein (or such owner’s
agent) serves upon a reliance party a notice of
intent to enforce a restored copyright; and
‘‘(ii)(I) the act of infringement commenced
after the end of the 12-month period beginning
on the date the notice of intent is received;
‘‘(II) the act of infringement commenced
before the end of the 12-month period described
in subclause (I) and continued after the end of
that 12-month period, in which case remedies
shall be available only for the infringement oc-
curring after the end of that 12-month period;
or
‘‘(III) copies or phonorecords of a work in
which copyright has been restored under this
section are made after receipt of the notice of
intent.
In the event that notice is provided under both sub-
paragraphs (A) and (B), the 12-month period re-
ferred to in such subparagraphs shall run from the
earlier of publication or service of notice.
447
‘‘(3) EXISTING
DERIVATIVE
WORKS.—(A) In
the case of a derivative work that is based upon a
restored work and is created—
‘‘(i) before the date of the enactment of
the Uruguay Round Agreements Act, if the
source country of the derivative work is an eli-
gible country on such date, or
‘‘(ii) before the date of adherence or proc-
lamation, if the source country of the derivative
work is not an eligible country on such date of
enactment,
a reliance party may continue to exploit that work
for the duration of the restored copyright if the reli-
ance party pays to the owner of the restored copy-
right reasonable compensation for conduct which
would be subject to a remedy for infringement but
for the provisions of this paragraph.
‘‘(B) In the absence of an agreement between
the parties, the amount of such compensation shall
be determined by an action in United States district
court, and shall reflect any harm to the actual or po-
tential market for or value of the restored work from
the reliance party’s continued exploitation of the
work, as well as compensation for the relative con-
448
tributions of expression of the author of the restored
work and the reliance party to the derivative work.
‘‘(4) COMMENCEMENT OF INFRINGEMENT FOR
RELIANCE PARTIES.—For purposes of section 412,
in the case of reliance parties, infringement shall be
deemed to have commenced before registration when
acts which would have constituted infringement had
the restored work been subject to copyright were
commenced before the date of restoration.
‘‘(e) NOTICES OF INTENT TO ENFORCE A RESTORED
COPYRIGHT.—
‘‘(1) NOTICES
OF
INTENT
FILED
WITH
THE
COPYRIGHT OFFICE.—(A)(i) A notice of intent filed
with the Copyright Office to enforce a restored copy-
right shall be signed by the owner of the restored
copyright or the owner of an exclusive right therein,
who files the notice under subsection (d)(2)(A)(i)
(hereafter in this paragraph referred to as the
‘owner’), or by the owner’s agent, shall identify the
title of the restored work, and shall include an Eng-
lish translation of the title and any other alternative
titles known to the owner by which the restored
work may be identified, and an address and tele-
phone number at which the owner may be contacted.
If the notice is signed by an agent, the agency rela-
449
tionship must have been constituted in a writing
signed by the owner before the filing of the notice.
The Copyright Office may specifically require in reg-
ulations other information to be included in the no-
tice, but failure to provide such other information
shall not invalidate the notice or be a basis for re-
fusal to list the restored work in the Federal Reg-
ister.
‘‘(ii) If a work in which copyright is restored
has no formal title, it shall be described in the notice
of intent in detail sufficient to identify it.
‘‘(iii) Minor errors or omissions may be cor-
rected by further notice at any time after the notice
of intent is filed. Notices of corrections for such
minor errors or omissions shall be accepted after the
period established in subsection (d)(2)(A)(i). Notices
shall be published in the Federal Register pursuant
to subparagraph (B).
‘‘(B)(i) The Register of Copyrights shall publish
in the Federal Register, commencing not later than
4 months after the date of restoration for a particu-
lar nation and every 4 months thereafter for a pe-
riod of 2 years, lists identifying restored works and
the ownership thereof if a notice of intent to enforce
a restored copyright has been filed.
450
‘‘(ii) Not less than 1 list containing all notices
of intent to enforce shall be maintained in the Public
Information Office of the Copyright Office and shall
be available for public inspection and copying during
regular business hours pursuant to sections 705 and
708. Such list shall also be published in the Federal
Register on an annual basis for the first 2 years
after the applicable date of restoration.
‘‘(C) The Register of Copyrights is authorized
to fix reasonable fees based on the costs of receipt,
processing, recording, and publication of notices of
intent to enforce a restored copyright and correc-
tions thereto.
‘‘(D)(i) Not later than 90 days before the date
the Agreement on Trade-Related Aspects of Intellec-
tual Property referred to in section 101(d)(15) of
the Uruguay Round Agreements Act enters into
force with respect to the United States, the Copy-
right Office shall issue and publish in the Federal
Register regulations governing the filing under this
subsection of notices of intent to enforce a restored
copyright.
‘‘(ii) Such regulations shall permit owners of re-
stored copyrights to file simultaneously for registra-
tion of the restored copyright.
451
‘‘(2) NOTICES OF INTENT SERVED ON A RELI-
ANCE PARTY.—(A) Notices of intent to enforce a re-
stored copyright may be served on a reliance party
at any time after the date of restoration of the re-
stored copyright.
‘‘(B) Notices of intent to enforce a restored
copyright served on a reliance party shall be signed
by the owner or the owner’s agent, shall identify the
restored work and the work in which the restored
work is used, if any, in detail sufficient to identify
them, and shall include an English translation of the
title, any other alternative titles known to the owner
by which the work may be identified, the use or uses
to which the owner objects, and an address and tele-
phone number at which the reliance party may con-
tact the owner. If the notice is signed by an agent,
the agency relationship must have been constituted
in writing and signed by the owner before service of
the notice.
‘‘(3) EFFECT
OF
MATERIAL
FALSE
STATE-
MENTS.—Any material false statement knowingly
made with respect to any restored copyright identi-
fied in any notice of intent shall make void all claims
and assertions made with respect to such restored
copyright.
452
‘‘(f) IMMUNITY FROM WARRANTY AND RELATED LI-
ABILITY.—
‘‘(1) IN GENERAL.—Any person who warrants,
promises, or guarantees that a work does not violate
an exclusive right granted in section 106 shall not
be liable for legal, equitable, arbitral, or administra-
tive relief if the warranty, promise, or guarantee is
breached by virtue of the restoration of copyright
under this section, if such warranty, promise, or
guarantee is made before January 1, 1995.
‘‘(2) PERFORMANCES.—No person shall be re-
quired to perform any act if such performance is
made infringing by virtue of the restoration of copy-
right under the provisions of this section, if the obli-
gation to perform was undertaken before January 1,
1995.
‘‘(g) PROCLAMATION
OF
COPYRIGHT
RESTORA-
TION.—Whenever the President finds that a particular
foreign nation extends, to works by authors who are na-
tionals or domiciliaries of the United States, restored
copyright protection on substantially the same basis as
provided under this section, the President may by procla-
mation extend restored protection provided under this sec-
tion to any work—
453
‘‘(1) of which one or more of the authors is, on
the date of first publication, a national, domiciliary,
or sovereign authority of that nation; or
‘‘(2) which was first published in that nation.
The President may revise, suspend, or revoke any such
proclamation or impose any conditions or limitations on
protection under such a proclamation.
‘‘(h) DEFINITIONS.—For purposes of this section and
section 109(a):
‘‘(1) The term ‘date of adherence or proclama-
tion’ means the earlier of the date on which a for-
eign nation which, as of the date the WTO Agree-
ment enters into force with respect to the United
States, is not a nation adhering to the Berne Con-
vention or a WTO member country, becomes—
‘‘(A) a nation adhering to the Berne Con-
vention or a WTO member country; or
‘‘(B) subject to a Presidential proclamation
under subsection (g).
‘‘(2) The ‘date of restoration’ of a restored
copyright is the later of—
‘‘(A) the date on which the Agreement on
Trade-Related Aspects of Intellectual Property
referred to in section 101(d)(15) of the Uru-
guay Round Agreements Act enters into force
454
with respect to the United States, if the source
country of the restored work is a nation adher-
ing to the Berne Convention or a WTO member
country on such date; or
‘‘(B) the date of adherence or proclama-
tion, in the case of any other source country of
the restored work.
‘‘(3) The term ‘eligible country’ means a nation,
other than the United States, that is a WTO mem-
ber country, adheres to the Berne Convention, or is
subject to a proclamation under section 104A(g).
‘‘(4) The term ‘reliance party’ means any per-
son who—
‘‘(A) with respect to a particular work, en-
gages in acts, before the source country of that
work becomes an eligible country, which would
have violated section 106 if the restored work
had been subject to copyright protection, and
who, after the source country becomes an eligi-
ble country, continues to engage in such acts;
‘‘(B) before the source country of a par-
ticular work becomes an eligible country, makes
or acquires 1 or more copies or phonorecords of
that work; or
455
‘‘(C) as the result of the sale or other dis-
position of a derivative work covered under sub-
section (d)(3), or significant assets of a person
described in subparagraph (A) or (B), is a suc-
cessor, assignee, or licensee of that person.
‘‘(5) The term ‘restored copyright’ means copy-
right in a restored work under this section.
‘‘(6) The term ‘restored work’ means an origi-
nal work of authorship that—
‘‘(A) is protected under subsection (a);
‘‘(B) is not in the public domain in its
source country through expiration of term of
protection;
‘‘(C) is in the public domain in the United
States due to—
‘‘(i) noncompliance with formalities
imposed at any time by United States
copyright law, including failure of renewal,
lack of proper notice, or failure to comply
with any manufacturing requirements;
‘‘(ii) lack of subject matter protection
in the case of sound recordings fixed before
February 15, 1972; or
‘‘(iii) lack of national eligibility; and
456
‘‘(D) has at least one author or rightholder
who was, at the time the work was created, a
national or domiciliary of an eligible country,
and if published, was first published in an eligi-
ble country and not published in the United
States during the 30-day period following publi-
cation in such eligible country.
‘‘(7) The term ‘rightholder’ means the person—
‘‘(A) who, with respect to a sound record-
ing, first fixes a sound recording with author-
ization, or
‘‘(B) who has acquired rights from the per-
son described in subparagraph (A) by means of
any conveyance or by operation of law.
‘‘(8) The ‘source country’ of a restored work
is—
‘‘(A) a nation other than the United
States;
‘‘(B) in the case of an unpublished work—
‘‘(i) the eligible country in which the
author or rightholder is a national or
domiciliary, or, if a restored work has more
than 1 author or rightholder, the majority
of foreign authors or rightholders are na-
457
tionals or domiciliaries of eligible countries;
or
‘‘(ii) if the majority of authors or
rightholders are not foreign, the nation
other than the United States which has the
most significant contacts with the work;
and
‘‘(C) in the case of a published work—
‘‘(i) the eligible country in which the
work is first published, or
‘‘(ii) if the restored work is published
on the same day in 2 or more eligible
countries, the eligible country which has
the most significant contacts with the
work.
‘‘(9) The terms ‘WTO Agreement’ and ‘WTO
member country’ have the meanings given those
terms in paragraphs (9) and (10), respectively, of
section 2 of the Uruguay Round Agreements Act.’’.
(b) LIMITATION.—Section 109(a) of title 17, United
States Code, is amended by adding at the end the follow-
ing: ‘‘Notwithstanding the preceding sentence, copies or
phonorecords of works subject to restored copyright under
section 104A that are manufactured before the date of
restoration of copyright or, with respect to reliance par-
458
ties, before publication or service of notice under section
104A(e), may be sold or otherwise disposed of without the
authorization of the owner of the restored copyright for
purposes of direct or indirect commercial advantage only
during the 12-month period beginning on—
‘‘(1) the date of the publication in the Federal
Register of the notice of intent filed with the Copy-
right Office under section 104A(d)(2)(A), or
‘‘(2) the date of the receipt of actual notice
served under section 104A(d)(2)(B),
whichever occurs first.’’.
(c) CONFORMING AMENDMENT.—The item relating
to section 104A in the table of sections for chapter 1 of
title 17, United States Code, is amended to read as fol-
lows:
‘‘104A. Copyright in restored works.’’.
Subtitle B—Trademark Provisions
SEC. 521. DEFINITION OF ‘‘ABANDONED’’.
Section 45 of the Act entitled ‘‘An Act to provide for
the registration and protection of trade-marks used in
commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes’’, approved
July 5, 1946 (15 U.S.C. 1127) (hereafter in this title re-
ferred to as the ‘‘Trademark Act of 1946’’), is amended
by amending the paragraph defining ‘‘abandoned’’ to read
as follows:
459
‘‘A mark shall be deemed to be ‘abandoned’ if either
of the following occurs:
‘‘(1) When its use has been discontinued with
intent not to resume such use. Intent not to resume
may be inferred from circumstances. Nonuse for 3
consecutive years shall be prima facie evidence of
abandonment. ‘Use’ of a mark means the bona fide
use of such mark made in the ordinary course of
trade, and not made merely to reserve a right in a
mark.
‘‘(2) When any course of conduct of the owner,
including acts of omission as well as commission,
causes the mark to become the generic name for the
goods or services on or in connection with which it
is used or otherwise to lose its significance as a
mark. Purchaser motivation shall not be a test for
determining abandonment under this paragraph.’’.
SEC. 522. NONREGISTRABILITY OF MISLEADING GEO-
GRAPHIC INDICATIONS FOR WINES AND SPIR-
ITS.
Subsection (a) of section 2 of the Trademark Act of
1946 (15 U.S.C. 1052(a)) is amended to read as follows:
‘‘(a) Consists of or comprises immoral, deceptive, or
scandalous matter; or matter which may disparage or
falsely suggest a connection with persons, living or dead,
460
institutions, beliefs, or national symbols, or bring them
into contempt, or disrepute; or a geographical indication
which, when used on or in connection with wines or spirits,
identifies a place other than the origin of the goods and
is first used on or in connection with wines or spirits by
the applicant on or after one year after the date on which
the WTO Agreement (as defined in section 2(9) of the
Uruguay Round Agreements Act) enters into force with
respect to the United States.’’.
SEC. 523. EFFECTIVE DATE.
The amendments made by this subtitle take effect
one year after the date on which the WTO Agreement en-
ters into force with respect to the United States.
Subtitle C—Patent Provisions
SEC. 531. TREATMENT OF INVENTIVE ACTIVITY.
(a) IN GENERAL.—Section 104 of title 35, United
States Code, is amended to read as follows:
‘‘§ 104. Invention made abroad
‘‘(a) IN GENERAL.—
‘‘(1) PROCEEDINGS.—In proceedings in the
Patent and Trademark Office, in the courts, and be-
fore 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
461
country other than a NAFTA country or a WTO
member country, except as provided in sections 119
and 365 of this title.
‘‘(2) RIGHTS.—If an invention was made by a
person, civil or military—
‘‘(A) while domiciled in the United States,
and serving in any other country in connection
with operations by or on behalf of the United
States,
‘‘(B) while domiciled in a NAFTA country
and serving in another country in connection
with operations by or on behalf of that NAFTA
country, or
‘‘(C) while domiciled in a WTO member
country and serving in another country in con-
nection with operations by or on behalf of that
WTO member country,
that person shall be entitled to the same rights of
priority in the United States with respect to such in-
vention as if such invention had been made in the
United States, that NAFTA country, or that WTO
member country, as the case may be.
‘‘(3) USE
OF
INFORMATION.—To the extent
that any information in a NAFTA country or a
WTO member country concerning knowledge, use, or
462
other activity relevant to proving or disproving a
date of invention has not been made available for
use in a proceeding in the Patent and Trademark
Office, a court, or any other competent authority to
the same extent as such information could be made
available in the United States, the Commissioner,
court, or such other authority shall draw appropriate
inferences, or take other action permitted by statute,
rule, or regulation, in favor of the party that re-
quested the information in the proceeding.
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘NAFTA country’ has the mean-
ing given that term in section 2(4) of the North
American Free Trade Agreement Implementation
Act; and
‘‘(2) the term ‘WTO member country’ has the
meaning given that term in section 2(10) of the
Uruguay Round Agreements Act.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by this section shall
apply to all patent applications that are filed on or
after the date that is 12 months after the date of
entry into force of the WTO Agreement with respect
to the United States.
463
(2) ESTABLISHMENT OF DATE.—An applicant
for a patent, or a patentee, may not establish a date
of invention for purposes of title 35, United States
Code, that is earlier than 12 months after the date
of entry into force of the WTO Agreement with re-
spect to the United States by reference to knowledge
or use, or other activity, in a WTO member country,
except as provided in sections 119 and 365 of such
title.
SEC. 532. PATENT TERM AND INTERNAL PRIORITY.
(a) PATENT RIGHTS.—
(1) CONTENTS AND TERM OF PATENT.—Section
154 of title 35, United States Code, is amended to
read as follows:
‘‘§ 154. Contents and term of patent
‘‘(a) IN GENERAL.—
‘‘(1) CONTENTS.—Every patent shall contain a
short title of the invention and a grant to the pat-
entee, his heirs or assigns, of the right to exclude
others from making, using, offering for sale, or sell-
ing the invention throughout the United States or
importing the invention into the United States, and,
if the invention is a process, of the right to exclude
others from using, offering for sale or selling
throughout the United States, or importing into the
464
United States, products made by that process, refer-
ring to the specification for the particulars thereof.
‘‘(2) TERM.—Subject to the payment of fees
under this title, such grant shall be for a term be-
ginning on the date on which the patent issues and
ending 20 years from the date on which the applica-
tion for the patent was filed in the United States or,
if the application contains a specific reference to an
earlier filed application or applications under section
120, 121, or 365(c) of this title, from the date on
which the earliest such application was filed.
‘‘(3) PRIORITY.—Priority under section 119,
365(a), or 365(b) of this title shall not be taken into
account in determining the term of a patent.
‘‘(4) SPECIFICATION AND DRAWING.—A copy of
the specification and drawing shall be annexed to
the patent and be a part of such patent.
‘‘(b) TERM EXTENSION.—
‘‘(1) INTERFERENCE DELAY OR SECRECY OR-
DERS.—If the issue of an original patent is delayed
due to a proceeding under section 135(a) of this
title, or because the application for patent is placed
under an order pursuant to section 181 of this title,
the term of the patent shall be extended for the pe-
riod of delay, but in no case more than 5 years.
465
‘‘(2) EXTENSION FOR APPELLATE REVIEW.—If
the issue of a patent is delayed due to appellate re-
view by the Board of Patent Appeals and Inter-
ferences or by a Federal court and the patent is is-
sued pursuant to a decision in the review reversing
an adverse determination of patentability, the term
of the patent shall be extended for a period of time
but in no case more than 5 years. A patent shall not
be eligible for extension under this paragraph if it
is subject to a terminal disclaimer due to the issue
of another patent claiming subject matter that is not
patentably distinct from that under appellate review.
‘‘(3) LIMITATIONS.—The period of extension re-
ferred to in paragraph (2)—
‘‘(A) shall include any period beginning on
the date on which an appeal is filed under sec-
tion 134 or 141 of this title, or on which an ac-
tion is commenced under section 145 of this
title, and ending on the date of a final decision
in favor of the applicant;
‘‘(B) shall be reduced by any time attrib-
utable to appellate review before the expiration
of 3 years from the filing date of the applica-
tion for patent; and
466
‘‘(C) shall be reduced for the period of
time during which the applicant for patent did
not act with due diligence, as determined by the
Commissioner.
‘‘(4) LENGTH OF EXTENSION.—The total dura-
tion of all extensions of a patent under this sub-
section shall not exceed 5 years.
‘‘(c) CONTINUATION.—
‘‘(1) DETERMINATION.—The term of a patent
that is in force on or that results from an applica-
tion filed before the date that is 6 months after the
date of the enactment of the Uruguay Round Agree-
ments Act shall be the greater of the 20-year term
as provided in subsection (a), or 17 years from
grant, subject to any terminal disclaimers.
‘‘(2) REMEDIES.—The remedies of sections
283, 284, and 285 of this title shall not apply to
Acts which—
‘‘(A) were commenced or for which sub-
stantial investment was made before the date
that is 6 months after the date of the enact-
ment of the Uruguay Round Agreements Act;
and
‘‘(B) became infringing by reason of para-
graph (1).
467
‘‘(3) REMUNERATION.—The acts referred to in
paragraph (2) may be continued only upon the pay-
ment of an equitable remuneration to the patentee
that is determined in an action brought under chap-
ter 28 and chapter 29 (other than those provisions
excluded by paragraph (2)) of this title.’’.
(2) PROVISION OF FURTHER LIMITED REEXAM-
INATION
AND
CONDITIONS
OF
RESTRICTION
RE-
QUIREMENTS.—(A) The Commissioner of Patents
and Trademarks shall prescribe regulations to pro-
vide for further limited reexamination of applications
that have been pending for 2 years or longer as of
the effective date of section 154(a)(2) of title 35,
United States Code, as added by paragraph (1) of
this subsection, taking into account any reference
made in such application to any earlier filed applica-
tion under section 120, 121, or 365(c) of such title.
The Commissioner may establish appropriate fees
for such further limited reexamination.
(B) The Commissioner of Patents and Trade-
marks shall prescribe regulations to provide for the
examination of more than 1 independent and dis-
tinct invention in an application that has been pend-
ing for 3 years or longer as of the effective date of
section 154(a)(2) of title 35, United States Code, as
468
added by paragraph (1) of this subsection, taking
into account any reference made in such application
to any earlier filed application under section 120,
121, or 365(c) of such title. The Commissioner may
establish appropriate fees for such examination.
(b) ESTABLISHMENT OF A DOMESTIC PRIORITY SYS-
TEM.—
(1) IN
GENERAL.—Section 119 of title 35,
United States Code, is amended—
(A) by amending the section caption to
read as follows:
‘‘§ 119. Benefit of earlier filing date; right of priority’’;
(B) by designating the undesignated para-
graphs as subsections (a), (b), (c), and (d), re-
spectively; and
(C) by adding at the end the following:
‘‘(e)(1) An application for patent filed under section
111(a) or section 363 of this title for an invention dis-
closed in the manner provided by the first paragraph of
section 112 of this title in a provisional application filed
under section 111(b) of this title, by an inventor or inven-
tors named in the provisional application, shall have the
same effect, as to such invention, as though filed on the
date of the provisional application filed under section
111(b) of this title, if the application for patent filed under
469
section 111(a) or section 363 of this title is filed not later
than 12 months after the date on which the provisional
application was filed and if it contains or is amended to
contain a specific reference to the provisional application.
‘‘(2) A provisional application filed under section
111(b) of this title may not be relied upon in any proceed-
ing in the Patent and Trademark Office unless the fee
set forth in subparagraph (A) or (C) of section 41(a)(1)
of this title has been paid and the provisional application
was pending on the filing date of the application for patent
under section 111(a) or section 363 of this title.’’.
(2) FEES.—Section 41(a)(1) of title 35, United
States Code, is amended by adding at the end the
following:
‘‘(C) On filing each provisional application for
an original patent, $150.’’.
(3) APPLICATIONS.—Section 111 of title 35,
United States Code, is amended to read as follows:
‘‘§ 111. Application
‘‘(a) IN GENERAL.—
‘‘(1) WRITTEN
APPLICATION.—An application
for patent shall be made, or authorized to be made,
by the inventor, except as otherwise provided in this
title, in writing to the Commissioner.
470
‘‘(2) CONTENTS.—Such application shall in-
clude—
‘‘(A) a specification as prescribed by sec-
tion 112 of this title;
‘‘(B) a drawing as prescribed by section
113 of this title; and
‘‘(C) an oath by the applicant as pre-
scribed by section 115 of this title.
‘‘(3) FEE AND OATH.—The application must be
accompanied by the fee required by law. The fee and
oath may be submitted after the specification and
any required drawing are submitted, within such pe-
riod and under such conditions, including the pay-
ment of a surcharge, as may be prescribed by the
Commissioner.
‘‘(4) FAILURE
TO
SUBMIT.—Upon failure to
submit the fee and oath within such prescribed pe-
riod, the application shall be regarded as abandoned,
unless it is shown to the satisfaction of the Commis-
sioner that the delay in submitting the fee and oath
was unavoidable or unintentional. The filing date of
an application shall be the date on which the speci-
fication and any required drawing are received in the
Patent and Trademark Office.
‘‘(b) PROVISIONAL APPLICATION.—
471
‘‘(1) AUTHORIZATION.—A provisional applica-
tion for patent shall be made or authorized to be
made by the inventor, except as otherwise provided
in this title, in writing to the Commissioner. Such
application shall include—
‘‘(A) a specification as prescribed by the
first paragraph of section 112 of this title; and
‘‘(B) a drawing as prescribed by section
113 of this title.
‘‘(2) CLAIM.—A claim, as required by the sec-
ond through fifth paragraphs of section 112, shall
not be required in a provisional application.
‘‘(3) FEE.—(A) The application must be ac-
companied by the fee required by law.
‘‘(B) The fee may be submitted after the speci-
fication and any required drawing are submitted,
within such period and under such conditions, in-
cluding the payment of a surcharge, as may be pre-
scribed by the Commissioner.
‘‘(C) Upon failure to submit the fee within such
prescribed period, the application shall be regarded
as abandoned, unless it is shown to the satisfaction
of the Commissioner that the delay in submitting
the fee was unavoidable or unintentional.
472
‘‘(4) FILING DATE.—The filing date of a provi-
sional application shall be the date on which the
specification and any required drawing are received
in the Patent and Trademark Office.
‘‘(5) ABANDONMENT.—The provisional applica-
tion shall be regarded as abandoned 12 months after
the filing date of such application and shall not be
subject to revival thereafter.
‘‘(6) OTHER BASIS FOR PROVISIONAL APPLICA-
TION.—Subject to all the conditions in this sub-
section and section 119(e) of this title, and as pre-
scribed by the Commissioner, an application for pat-
ent filed under subsection (a) may be treated as a
provisional application for patent.
‘‘(7) NO RIGHT OF PRIORITY OR BENEFIT OF
EARLIEST FILING DATE.—A provisional application
shall not be entitled to the right of priority of any
other application under section 119 or 365(a) of this
title or to the benefit of an earlier filing date in the
United States under section 120, 121, or 365(c) of
this title.
‘‘(8) APPLICABLE PROVISIONS.—The provisions
of this title relating to applications for patent shall
apply to provisional applications for patent, except
as otherwise provided, and except that provisional
473
applications for patent shall not be subject to sec-
tions 115, 131, 135, and 157 of this title.’’.
(c) CONFORMING CHANGES.—
(1) Section 156(a)(2) of title 35, United States
Code, is amended by inserting ‘‘under subsection
(e)(1) of this section’’ after ‘‘extended’’.
(2) Section 172 of title 35, United States Code,
is amended—
(A) by striking ‘‘section 119’’ and insert-
ing ‘‘subsections (a) through (d) of section
119’’; and
(B) by inserting at the end the following
new sentence:
‘‘The right of priority provided for by section 119(e) of
this title shall not apply to designs.’’.
(3) Section 173 of title 35, United States Code,
is amended by inserting ‘‘from the date of grant’’
after ‘‘years’’.
(4) Section 365 of title 35, United States Code,
is amended—
(A) in subsection (a), by striking ‘‘section
119’’ and inserting ‘‘subsections (a) through (d)
of section 119’’; and
474
(B) in subsection (b), by striking ‘‘the first
paragraph of section 119’’ and inserting ‘‘sec-
tion 119(a)’’.
(5) Section 373 of title 35, United States Code,
is amended by striking ‘‘section 119’’ and inserting
‘‘subsections (a) through (d) of section 119’’.
(6) The table of sections for chapter 11 of title
35, United States Code, is amended—
(A) by striking the item relating to section
111 and inserting the following:
‘‘111. Application.’’;
and
(B) by striking the item relating to section
119 and inserting the following:
‘‘119. Benefit of earlier filing date; right of priority.’’.
SEC. 533. PATENT RIGHTS.
(a) DEFINITION OF INFRINGEMENT.—Section 271 of
title 35, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘, offers to sell,’’ after
‘‘uses’’; and
(B) by inserting ‘‘or imports into the Unit-
ed States any patented invention’’ after ‘‘the
United States’’;
475
(2) in subsection (c), by striking ‘‘sells’’ and in-
serting ‘‘offers to sell or sells within the United
States or imports into the United States’’;
(3) in subsection (e)—
(A) in paragraph (1), by striking ‘‘or sell’’
and inserting ‘‘offer to sell, or sell within the
United States or import into the United
States’’;
(B) in paragraph (3), by striking ‘‘or sell-
ing’’ and inserting ‘‘offering to sell, or selling
within the United States or importing into the
United States’’;
(C) in paragraph (4)(B), by striking ‘‘or
sale’’ and inserting ‘‘offer to sell, or sale within
the United States or importation into the Unit-
ed States’’; and
(D) in paragraph (4)(C), by striking ‘‘or
sale’’ and inserting ‘‘offer to sell, or sale within
the United States or importation into the Unit-
ed States’’;
(4) in subsection (g)—
(A) by striking ‘‘sells’’ and inserting ‘‘of-
fers to sell, sells,’’;
(B) by striking ‘‘importation, sale,’’ and
inserting ‘‘importation, offer to sell, sale,’’; and
476
(C) by striking ‘‘other use or’’ and insert-
ing ‘‘other use, offer to sell, or’’; and
(5) by adding at the end the following:
‘‘(i) As used in this section, an ‘offer for sale’ or an
‘offer to sell’ by a person other than the patentee, or any
designee of the patentee, is that in which the sale will
occur before the expiration of the term of the patent.’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 41(c) of title 35,
United States Code, is amended to read as follows:
‘‘(2) A patent, the term of which has been maintained
as a result of the acceptance of a payment of a mainte-
nance fee under this subsection, shall not abridge or affect
the right of any person or that person’s successors in busi-
ness who made, purchased, offered to sell, or used any-
thing protected by the patent within the United States,
or imported anything protected by the patent into the
United States after the 6-month grace period but prior
to the acceptance of a maintenance fee under this sub-
section, to continue the use of, to offer for sale, or to sell
to others to be used, offered for sale, or sold, the specific
thing so made, purchased, offered for sale, used, or im-
ported. The court before which such matter is in question
may provide for the continued manufacture, use, offer for
sale, or sale of the thing made, purchased, offered for sale,
477
or used within the United States, or imported into the
United States, as specified, or for the manufacture, use,
offer for sale, or sale in the United States of which sub-
stantial preparation was made after the 6-month grace pe-
riod but before the acceptance of a maintenance fee under
this subsection, and the court may also provide for the
continued practice of any process that is practiced, or for
the practice of which substantial preparation was made,
after the 6-month grace period but before the acceptance
of a maintenance fee under this subsection, to the extent
and under such terms as the court deems equitable for
the protection of investments made or business com-
menced after the 6-month grace period but before the ac-
ceptance of a maintenance fee under this subsection.’’.
(2) The second undesignated paragraph of sec-
tion 252 of title 35, United States Code, is amended
to read as follows:
‘‘A reissued patent shall not abridge or affect the
right of any person or that person’s successors in business
who, prior to the grant of a reissue, made, purchased, of-
fered to sell, or used within the United States, or imported
into the United States, anything patented by the reissued
patent, to continue the use of, to offer to sell, or to sell
to others to be used, offered for sale, or sold, the specific
thing so made, purchased, offered for sale, used, or im-
478
ported unless the making, using, offering for sale, or sell-
ing of such thing infringes a valid claim of the reissued
patent which was in the original patent. The court before
which such matter is in question may provide for the con-
tinued manufacture, use, offer for sale, or sale of the thing
made, purchased, offered for sale, used, or imported as
specified, or for the manufacture, use, offer for sale, or
sale in the United States of which substantial preparation
was made before the grant of the reissue, and the court
may also provide for the continued practice of any process
patented by the reissue that is practiced, or for the prac-
tice of which substantial preparation was made, before the
grant of the reissue, to the extent and under such terms
as the court deems equitable for the protection of invest-
ments made or business commenced before the grant of
the reissue.’’.
(3) Section 262 of title 35, United States Code,
is amended—
(A) by striking ‘‘use or sell’’ and inserting
‘‘use, offer to sell, or sell’’; and
(B) by inserting ‘‘within the United States,
or import the patented invention into the
United States,’’ after ‘‘invention’’.
479
(4) Section 272 of title 35, United States Code,
is amended by striking ‘‘not sold’’ and inserting ‘‘not
offered for sale or sold’’.
(5) Section 287 of title 35, United States Code,
is amended—
(A) in subsection (a)—
(i) by striking ‘‘making or selling’’
and inserting ‘‘making, offering for sale, or
selling within the United States’’; and
(ii) by inserting ‘‘or importing any
patented article into the United States,’’
after ‘‘under them,’’; and
(B) in subsection (b)—
(i) in paragraph (1)(C), by striking
‘‘use, or sale’’ and inserting ‘‘use, offer for
sale, or sale’’;
(ii) in paragraph (4)(A), by striking
‘‘sold or’’ and inserting ‘‘sold, offered for
sale, or’’ in the matter preceding clause (i);
(iii) in paragraph (4)(A)(ii), by strik-
ing ‘‘use, or sale’’ and inserting ‘‘use, offer
for sale, or sale’’;
(iv) in paragraph (4)(C), by striking
‘‘have been sold’’ and inserting ‘‘have been
offered for sale or sold’’; and
480
(v) in paragraph (4)(C), by striking
‘‘United States before’’ and inserting
‘‘United States, or imported by the person
into the United States, before’’.
(6) Section 292(a) of title 35, United States
Code, is amended—
(A) by striking ‘‘used, or sold by him’’ and
inserting ‘‘used, offered for sale, or sold by such
person within the United States, or imported by
the person into the United States’’; and
(B) by striking ‘‘made or sold’’ and insert-
ing ‘‘made, offered for sale, sold, or imported
into the United States’’.
(7) Section 295 of title 35, United States Code,
is amended by striking ‘‘sale, or use’’ and inserting
‘‘sale, offer for sale, or use’’.
(8) Section 307(b) of title 35, United States
Code, is amended by striking ‘‘used anything’’ and
inserting ‘‘used within the United States, or im-
ported into the United States, anything’’.
SEC. 534. EFFECTIVE DATES AND APPLICATION.
(a) IN GENERAL.—Subject to subsection (b), the
amendments made by this subtitle take effect on the date
that is one year after the date on which the WTO Agree-
ment enters into force with respect to the United States.
481
(b) PATENT APPLICATIONS.—
(1) IN GENERAL.—Subject to paragraph (2),
the amendments made by section 532 take effect on
the date that is 6 months after the date of the en-
actment of this Act and shall apply to all patent ap-
plications filed in the United States on or after the
effective date.
(2) SECTION
154(a)(1).—Section 154(a)(1) of
title 35, United States Code, as amended by section
532(a)(1) of this Act, shall take effect on the effec-
tive date described in subsection (a).
(3) EARLIEST FILING.—The term of a patent
granted on a application that is filed on or after the
effective date described in subsection (a) and that
contains a specific reference to an earlier application
filed under the provisions of section 120, 121, or
365(c) of title 35, United States Code, shall be
measured from the filing date of the earliest filed
application.
TITLE VI—RELATED PROVISIONS
Subtitle A—Expiring Provisions
SEC. 601. GENERALIZED SYSTEM OF PREFERENCES.
(a) EXTENSION OF DUTY-FREE TREATMENT UNDER
SYSTEM.—Section 505(a) of the Trade Act of 1974 (19
482
U.S.C. 2465(a)) is amended by striking ‘‘September 30,
1994’’ and inserting ‘‘July 31, 1995’’.
(b) RETROACTIVE APPLICATION FOR CERTAIN LIQ-
UIDATIONS AND RELIQUIDATIONS.—
(1) IN GENERAL.—Notwithstanding section 514
of the Tariff Act of 1930 or any other provision of
law and subject to paragraph (2), the entry—
(A) of any article to which duty-free treat-
ment under title V of the Trade Act of 1974
would have applied if the entry had been made
on September 30, 1994, and
(B) that was made after September 30,
1994, and before such date of enactment,
shall be liquidated or reliquidated as free of duty,
and the Secretary of the Treasury shall refund any
duty paid with respect to such entry. As used in this
subsection, the term ‘‘entry’’ includes a withdrawal
from warehouse for consumption.
(2) REQUESTS.—Liquidation or reliquidation
may be made under paragraph (1) with respect to
an entry only if a request therefor is filed with the
Customs Service, within 180 days after the date of
the enactment of this Act, that contains sufficient
information to enable the Customs Service—
(A) to locate the entry; or
483
(B) to reconstruct the entry if it cannot be
located.
SEC. 602. U.S. INSULAR POSSESSIONS.
(a) EXTENSION OF VERIFICATION AND CERTIFICATE
ISSUANCE PROVISIONS.—Additional U.S. Note 5(h)(i) to
chapter 91 of the HTS is amended by striking ‘‘and before
January 1, 1995,’’ and inserting ‘‘and before January 1,
2007,’’.
(b) EXTENSION OF CERTIFICATE NUMBER PIC–EV–
89.—Notwithstanding any other provision of law, the pro-
duction incentive certificate, number PIC–EV–89, issued
jointly by the Secretary of Commerce and the Secretary
of the Interior, pursuant to paragraph (h)(i)(B) of Addi-
tional U.S. Note 5 to chapter 91 of the HTS (formerly
paragraph (h)(i)(II) of headnote 6 of schedule 7, part 2,
subpart E of the Tariff Schedules of the United States),
shall be deemed to have been reissued on the date of the
enactment of this Act in the amount of the balance re-
maining on such certificate, and shall expire on the date
that is 1 year after such date of enactment.
484
Subtitle B—Certain Customs
Provisions
SEC. 611. REIMBURSEMENTS FROM CUSTOMS USER FEE
ACCOUNT.
(a) 
IN
GENERAL.—Subclause 
(II) 
of 
section
13031(f)(3)(A)(i) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)(i)(II))
is amended to read as follows:
‘‘(II) paying premium pay under section
5(b) of the Act of February 13, 1911, but the
amount for which reimbursement may be made
under this subclause may not, for any fiscal
year, exceed the difference between the total
cost of all the premium pay for such year cal-
culated under section 5(b) and the cost of the
night and holiday premium pay that the Cus-
toms Service would have incurred for the same
inspectional work on the day before the effective
date of section 13813 of the Omnibus Budget
Reconciliation Act of 1993,’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to customs inspectional services
performed on or after January 1, 1994.
485
SEC. 612. MERCHANDISE PROCESSING FEES.
(a) IN GENERAL.—Section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c) is amended—
(1) in subsection (a)(9)—
(A) in subparagraph (A), by striking
‘‘0.17’’ and inserting ‘‘0.21’’,
(B) in subparagraph (B)(i), by striking
‘‘(but not to a rate of more than 0.19 percent
nor less than 0.15 percent) that would’’ and in-
serting ‘‘(but not to a rate of more than 0.21
percent nor less than 0.15 percent) and the
amounts specified in subsection (b)(8)(A)(i)
(but not to more than $485 nor less than $21)
to rates and amounts which would’’, and
(C) in subparagraph (B)(ii), by striking
‘‘section 613A of the Tariff Act of 1930’’ and
inserting ‘‘subsection (f)’’
(2) in subsection (a)(10)—
(A) in subparagraph (C), by striking
‘‘entry or release.’’ and inserting ‘‘entry or re-
lease,’’,
(B) in clause (ii), by striking ‘‘$5’’ and in-
serting ‘‘$6’’, and
(C) in clause (iii), by striking ‘‘$8’’ and in-
serting ‘‘$9’’, and
486
(3) in subsection (b)(8)(A)(i), by striking
‘‘$400 or be less than $21’’, and inserting ‘‘$485 or
be less than $25, unless adjusted pursuant to sub-
section (a)(9)(B)’’.
(b) EFFECTIVE DATE.—The amendments made by
this section apply to articles entered, or withdrawn from
warehouse for consumption, on or after January 1, 1995.
Subtitle C—Conforming
Amendments
SEC. 621. CONFORMING AMENDMENTS.
(a) TRADE LAWS.—
(1) Section 1317(a)(1) of the Omnibus Trade
and Competitiveness Act of 1988 (19 U.S.C.
1677k(a)(1)) is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’;
(B) by striking ‘‘General Agreement on
Tariffs and Trade’’ and inserting ‘‘GATT
1994’’; and
(C) by adding at the end the following:
‘‘(B) The term ‘GATT 1994’ has the meaning
given that term in section 2(1)(B) of the Uruguay
Round Agreements Act.’’.
(2) Section 212(c)(4) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(c)(4)) is
amended by striking ‘‘General’’ and all that follows
487
through ‘‘1979’’ and inserting ‘‘WTO Agreement
and the multilateral trade agreements (as such
terms are defined in paragraphs (9) and (4), respec-
tively, of section 2 of the Uruguay Round Agree-
ments Act)’’.
(3) Section 203(d)(4) of the Andean Trade
Preference Act (19 U.S.C. 3202(d)(4)) is amended
by striking ‘‘General’’ and all that follows through
‘‘1979’’ and inserting ‘‘WTO Agreement and the
multilateral trade agreements (as such terms are de-
fined in paragraphs (9) and (4), respectively, of sec-
tion 2 of the Uruguay Round Agreements Act)’’.
(4) Section 1106 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2905) is
amended—
(A) in subsection (a), by striking ‘‘the
GATT’’ and inserting ‘‘the GATT 1947, or to
the WTO Agreement,’’;
(B) in subsections (b) and (c), by inserting
after ‘‘the GATT’’ each place it appears ‘‘1947
or the WTO Agreement’’;
(C) by adding at the end the following new
subsection:
‘‘(e) DEFINITIONS.—For purposes of this section:—
488
‘‘(1) The term ‘GATT 1947’ has the meaning
given that term in section 2(1)(A) of the Uruguay
Round Agreements Act.
‘‘(2) The term ‘WTO Agreement’ means the
Agreement Establishing the World Trade Organiza-
tion entered into on April 15, 1994 and the multilat-
eral trade agreements (as such term is defined in
section 2(4) of the Uruguay Round Agreements
Act).’’; and
(D) by inserting after ‘‘GENERAL AGREE-
MENT ON TARIFFS AND TRADE’’ in the heading
‘‘FOR THE WTO’’.
(5) Section 1107(a)(3) of the Omnibus Trade
and Competitiveness Act of 1988 (19 U.S.C.
2906(3)) is amended by striking ‘‘the General
Agreement on Tariffs and Trade’’ and inserting ‘‘the
GATT 1947 (as defined in section 2(1)(A) of the
Uruguay Round Agreements Act)’’.
(6) Section 1378(2) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3107(2)) is
amended by striking ‘‘the General Agreement on
Tariffs and Trade’’ and inserting ‘‘the WTO Agree-
ment and the multilateral trade agreements (as such
terms are defined in paragraphs (8) and (4), respec-
489
tively, of section 2 of the Uruguay Round Agree-
ments Act)’’.
(7) Section 1382 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3111) is
amended by striking ‘‘the General Agreement on
Tariffs and Trade’’ and inserting ‘‘the WTO Agree-
ment and the multilateral trade agreements (as such
terms are defined in paragraphs (9) and (4), respec-
tively, of section 2 of the Uruguay Round Agree-
ments Act)’’.
(8) Section 141(c)(1) of the Trade Act of 1974
(19 U.S.C. 2171(c)(1)) is amended—
(A) in subparagraph (C) by inserting ‘‘all
negotiations on any matter considered under
the auspices of the World Trade Organization,’’
after ‘‘including’’; and
(B) in subparagraph (D) by inserting ‘‘,
including any matter considered under the aus-
pices of the World Trade Organization,’’ after
‘‘functions’’.
(9) Section 301(a)(2)(A) of the Trade Act of
1974 (19 U.S.C. 2411(a)(2)(A)) is amended by
striking ‘‘the Contracting Parties’’ and all that fol-
lows through ‘‘Parties,’’ and inserting ‘‘the Dispute
Settlement Body (as defined in section 121(5) of the
490
Uruguay Round Agreements Act) has adopted a re-
port,’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date on which the
WTO Agreement enters into force with respect to the
United States.
TITLE VII—REVENUE
PROVISIONS
SEC. 700. AMENDMENT OF 1986 CODE AND TABLE OF CON-
TENTS.
(a) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this title an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986.
(b) TABLE OF CONTENTS.—
TITLE VII—REVENUE PROVISIONS
Sec. 700. Amendment of 1986 Code and table of contents.
Subtitle A—Withholding Tax Provisions
Sec. 701. Withholding on distributions of Indian casino profits to tribal mem-
bers.
Sec. 702. Voluntary withholding on certain Federal payments and on unemploy-
ment compensation.
Subtitle B—Provisions Relating to Estimated Taxes and Payments and
Deposits of Taxes
Sec. 711. Treatment of subpart F and section 936 income of taxpayers using
annualized method for estimated tax.
Sec. 712. Time for payments and deposits of certain taxes.
Sec. 713. Reduction in rate of interest paid on certain corporate overpayments.
Subtitle C—Earned Income Tax Credit
491
Sec. 721. Extension of earned income tax credit to military personnel stationed
outside the United States.
Sec. 722. Certain nonresident aliens ineligible for earned income tax credit.
Sec. 723. Income of prisoners disregarded in determining earned income tax
credit.
Subtitle D—Provisions Relating To Retirement Benefits
Sec. 731. Treatment of excess pension assets used for retiree health benefits.
Sec. 732. Rounding rules for cost-of-living adjustments.
Sec. 733. Increase in inclusion of social security benefits paid to nonresidents.
Subtitle E—Other Provisions
Sec. 741. Partnership distributions of marketable securities.
Sec. 742. Taxpayer identification numbers required at birth.
Sec. 743. Extension of Internal Revenue Service user fees.
Sec. 744. Modification of substantial understatement penalty for corporations
participating in tax shelters.
Sec. 745. Modification of authority to set terms and conditions for savings
bonds.
Subtitle F—Pension Plan Funding and Premiums
Sec. 750. Short title.
PART I—PENSION PLAN FUNDING
SUBPART A—AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 751. Minimum funding requirements.
Sec. 752. Limitation on changes in current liability assumptions.
Sec. 753. Anticipation of bargained benefit increases.
Sec. 754. Modification of quarterly contribution requirement.
Sec. 755. Exceptions to excise tax on nondeductible contributions.
SUBPART B—AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974
Sec. 761. Minimum funding requirements.
Sec. 762. Limitation on changes in current liability assumptions.
Sec. 763. Anticipation of bargained benefit increases.
Sec. 764. Modification of quarterly contribution requirement.
SUBPART C—OTHER FUNDING PROVISIONS
Sec. 766. Prohibition on benefit increases where plan sponsor is in bankruptcy.
Sec. 767. Single sum distributions.
Sec. 768. Adjustments to lien for missed minimum funding contributions.
Sec. 769. Special funding rules for certain plans.
PART II—AMENDMENTS RELATED TO TITLE IV OF THE EMPLOYEE
RETIREMENT INCOME SECURITY ACT OF 1974
Sec. 771. Reportable events.
Sec. 772. Certain information required to be furnished to PBGC.
Sec. 773. Enforcement of minimum funding requirements.
Sec. 774. Computation of additional PBGC premium.
Sec. 775. Disclosure to participants.
492
Sec. 776. Missing participants.
Sec. 777. Modification of maximum guarantee for disability benefits.
Sec. 778. Procedures to facilitate distribution of termination benefits.
PART III—EFFECTIVE DATES
Sec. 781. Effective dates.
Subtitle A—Withholding Tax
Provisions
SEC. 701. WITHHOLDING ON DISTRIBUTIONS OF INDIAN CA-
SINO PROFITS TO TRIBAL MEMBERS.
(a) IN GENERAL.—Section 3402 (relating to income
tax collected at source) is amended by inserting after sub-
section (q) the following new subsection:
‘‘(r) EXTENSION
OF WITHHOLDING
TO CERTAIN
TAXABLE PAYMENTS OF INDIAN CASINO PROFITS.—
‘‘(1) IN GENERAL.—Every person, including an
Indian tribe, making a payment to a member of an
Indian tribe from the net revenues of any class II
or class III gaming activity conducted or licensed by
such tribe shall deduct and withhold from such pay-
ment a tax in an amount equal to such payment’s
proportionate share of the annualized tax.
‘‘(2) EXCEPTION.—The tax imposed by para-
graph (1) shall not apply to any payment to the ex-
tent that the payment, when annualized, does not
exceed an amount equal to the sum of—
493
‘‘(A) the basic standard deduction (as de-
fined in section 63(c)) for an individual to
whom section 63(c)(2)(C) applies, and
‘‘(B) the exemption amount (as defined in
section 151(d)).
‘‘(3) ANNUALIZED TAX.—For purposes of para-
graph (1), the term ‘annualized tax’ means, with re-
spect to any payment, the amount of tax which
would be imposed by section 1(c) (determined with-
out regard to any rate of tax in excess of 31 per-
cent) on an amount of taxable income equal to the
excess of—
‘‘(A) the annualized amount of such pay-
ment, over
‘‘(B) the amount determined under para-
graph (2).
‘‘(4) CLASSES OF GAMING ACTIVITIES, ETC.—
For purposes of this subsection, terms used in para-
graph (1) which are defined in section 4 of the In-
dian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.), as in effect on the date of the enactment of
this subsection, shall have the respective meanings
given such terms by such section.
504
payments of estimated tax for taxable years beginning
after December 31, 1994.
SEC. 712. TIME FOR PAYMENTS AND DEPOSITS OF CERTAIN
TAXES.
(a) DEPOSITS REQUIRED FOR SEMIMONTHLY PERI-
ODS.—Subsection (f) of section 6302 (relating to collec-
tion authority) is amended to read as follows:
‘‘(f) TIME
FOR
DEPOSIT
OF
CERTAIN
EXCISE
TAXES.—
‘‘(1) GENERAL
RULE.—Except as otherwise
provided in this subsection and subsection (e), if any
person is required under regulations to make depos-
its of taxes under subtitle D with respect to semi-
monthly periods, such person shall make deposits of
such taxes for the period beginning on September 16
and ending on September 26 not later than Septem-
ber 29. In the case of taxes imposed by sections
4261 and 4271, this paragraph shall not apply to
periods before January 1, 1997.
‘‘(2) TAXES
ON
OZONE
DEPLETING
CHEMI-
CALS.—If any person is required under regulations
to make deposits of taxes under subchapter D of
chapter 38 with respect to semimonthly periods, in
lieu of paragraph (1), such person shall make depos-
its of such taxes for—
505
‘‘(A) the second semimonthly period in Au-
gust, and
‘‘(B) the period beginning on September 1
and ending on September 11,
not later than September 29.
‘‘(3) TAXPAYERS NOT REQUIRED TO USE ELEC-
TRONIC FUNDS TRANSFER.—In the case of deposits
not required to be made by electronic funds transfer,
paragraphs (1) and (2) shall be applied by substitut-
ing ‘September 25’ for ‘September 26’, ‘September
10’ for ‘September 11’, and ‘September 28’ for ‘Sep-
tember 29’.
‘‘(4) SPECIAL RULE WHERE DUE DATE ON SAT-
URDAY OR SUNDAY.—If, but for this paragraph, the
due date under paragraph (1), (2), or (3) would fall
on a Saturday or Sunday, such due date shall be
deemed to be—
‘‘(A) in the case of Saturday, the preceding
day, and
‘‘(B) in the case of Sunday, the following
day.’’
(b) TAXES
ON DISTILLED SPIRITS, WINES, AND
BEER.—
(1) Subsection (d) of section 5061 is amended
by redesignating paragraph (4) as paragraph (5)
518
SEC. 732. ROUNDING RULES FOR COST-OF-LIVING ADJUST-
MENTS.
(a) COST-OF-LIVING ADJUSTMENT FOR COMPENSA-
TION LIMIT.—Section 401(a)(17)(B) is amended to read
as follows:
‘‘(B) COST-OF-LIVING ADJUSTMENT.—The
Secretary shall adjust annually the $150,000
amount in subparagraph (A) for increases in
the cost-of-living at the same time and in the
same manner as adjustments under section
415(d); except that the base period shall be the
calendar quarter beginning October 1, 1993,
and any increase which is not a multiple of
$10,000 shall be rounded to the next lowest
multiple of $10,000.’’
(b) COST-OF-LIVING ADJUSTMENT
FOR MAXIMUM
DEFINED BENEFIT AMOUNT AND MAXIMUM ANNUAL AD-
DITION.—
(1) IN GENERAL.—Section 415(d) is amended
to read as follows:
‘‘(d) COST-OF-LIVING ADJUSTMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall adjust
annually—
‘‘(A) the $90,000 amount in subsection
(b)(1)(A),