144
(A) the reduction of income to the United
States producers of agricultural commodities; or
(B) the reduction of the competitiveness of
United States agricultural commodities in the
world export markets.
(4) SUSPENSION OF REQUIREMENTS.—
(A) WHEAT.—If a foreign country or in-
strumentality that requires end-use certificates
for imports of United States-produced wheat as
of the effective date of the requirement under
paragraph (1)(A) eliminates the requirement,
the Secretary shall suspend the requirement
under paragraph (1)(A) beginning 30 calendar
days after suspension by the foreign country or
instrumentality.
(B) BARLEY.—If a foreign country or in-
strumentality that requires end-use certificates
for imports of United States-produced barley as
of the effective date of the requirement under
paragraph (1)(B) eliminates the requirement,
the Secretary shall suspend the requirement
under paragraph (1)(B) beginning 30 calendar
days after suspension by the foreign country or
instrumentality.
145
(5) REPORT
TO
CONGRESS.—The Secretary
shall not suspend the requirements established under
paragraph (1) under circumstances identified in
paragraph (3) before the Secretary submits a report
to Congress detailing the determination made under
paragraph (3) and the reasons for making the deter-
mination.
(6) COMPLIANCE.—It shall be a violation of
section 1001 of title 18, United States Code, for a
person to engage in fraud or knowingly violate this
subsection or a regulation implementing this sub-
section.
(7) EFFECTIVE
DATE.—This subsection shall
become effective on the date that is 120 days after
the date of enactment of this Act.
(g) AGRICULTURAL FELLOWSHIP PROGRAM.—Sec-
tion 1542(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 5622
note) is amended by adding at the end the following new
paragraph:
‘‘(3) AGRICULTURAL FELLOWSHIPS FOR NAFTA
COUNTRIES.—
‘‘(A) IN
GENERAL.—The Secretary shall
grant fellowships to individuals from countries
that are parties to the North American Free
146
Trade Agreement (referred to in this paragraph
as ‘NAFTA’) to study agriculture in the United
States, and to individuals in the United States
to study agriculture in other NAFTA countries.
‘‘(B) PURPOSE.—The purpose of fellow-
ships granted under this paragraph is—
‘‘(i) to allow the recipients to expand
their knowledge and understanding of agri-
cultural systems and practices in other
NAFTA countries;
‘‘(ii) to facilitate the improvement of
agricultural systems in NAFTA countries;
and
‘‘(iii) to establish and expand agricul-
tural trade linkages between the United
States and other NAFTA countries.
‘‘(C) ELIGIBLE
RECIPIENTS.—The Sec-
retary may provide fellowships under this para-
graph to agricultural producers and consult-
ants, government officials, and other individuals
from the private and public sectors.
‘‘(D) ACCEPTANCE OF GIFTS.—The Sec-
retary may accept money, funds, property, and
services of every kind by gift, devise, bequest,
grant, or otherwise, and may in any manner,
147
dispose of all of the holdings and use the re-
ceipts generated from the disposition to carry
out this paragraph. Receipts under this para-
graph shall remain available until expended.’’.
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TION.—There are authorized to be appropriated
such sums as are necessary to carry out this
paragraph.’’.
(h) ASSISTANCE FOR AFFECTED FARMWORKERS.—
(1) IN GENERAL.—Subject to paragraph (3), if
at any time the Secretary of Agriculture determines
that the implementation of the Agreement has
caused low-income migrant or seasonal farmworkers
to lose income, the Secretary may make available
grants, not to exceed $20,000,000 for any fiscal
year, to public agencies or private organizations with
tax-exempt status under section 501(c)(3) of the In-
ternal Revenue Code of 1986, that have experience
in providing emergency services to low-income mi-
grant or seasonal farmworkers. Emergency services
to be provided with assistance received under this
subsection may include such types of assistance as
the Secretary determines to be necessary and appro-
priate.
148
(2) DEFINITION.—As used in this subsection,
the term ‘‘low-income migrant or seasonal farm-
worker’’ shall have the same meaning as provided in
section 2281(b) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (42 U.S.C. 5177a(b)).
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There 
are 
authorized 
to 
be 
appropriated
$20,000,000 for each fiscal year to carry out this
subsection.
(i) BIENNIAL REPORT ON EFFECTS OF THE AGREE-
MENT ON AMERICAN AGRICULTURE.—
(1) IN GENERAL.—The Secretary of Agriculture
shall prepare a biennial report on the effects of the
Agreement on United States producers of agricul-
tural commodities and on rural communities located
in the United States.
(2) CONTENTS
OF
REPORT.—The report re-
quired under this subsection shall include—
(A) an assessment of the effects of imple-
menting the Agreement on the various agricul-
tural commodities affected by the Agreement,
on a commodity-by-commodity basis;
(B) an assessment of the effects of imple-
menting the Agreement on investments made in
149
United States agriculture and on rural commu-
nities located in the United States;
(C) an assessment of the effects of imple-
menting the Agreement on employment in Unit-
ed States agriculture, including any gains or
losses of jobs in businesses directly or indirectly
related to United States agriculture; and
(D) such other information and data as
the Secretary determines appropriate.
(3) SUBMISSION OF REPORT.—The Secretary
shall furnish the report required under this sub-
section to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and to the Committee on
Agriculture of the House of Representatives. The re-
port shall be due every 2 years and shall be submit-
ted by March 1 of the year in which the report is
due. The first report shall be due by March 1, 1997,
and the final report shall be due by March 1, 2011.
Subtitle C—Intellectual Property
SEC. 331. TREATMENT OF INVENTIVE ACTIVITY.
Section 104 of title 35, United States Code, is
amended to read as follows:
‘‘§ 104. Invention made abroad
‘‘(a) IN GENERAL.—In proceedings in the Patent and
Trademark Office, in the courts, and before any other
150
competent authority, an applicant for a patent, or a pat-
entee, may not establish a date of invention by reference
to knowledge or use thereof, or other activity with respect
thereto, in a foreign country other than a NAFTA coun-
try, except as provided in sections 119 and 365 of this
title. Where an invention was made by a person, civil or
military, while domiciled in the United States or a
NAFTA country and serving in any other country in con-
nection with operations by or on behalf of the United
States or a NAFTA country, the person shall be entitled
to the same rights of priority in the United States with
respect to such invention as if such invention had been
made in the United States or a NAFTA country. To the
extent that any information in a NAFTA country concern-
ing knowledge, use, or other activity relevant to proving
or disproving a date of invention has not been made avail-
able for use in a proceeding in the Office, a court, or any
other competent authority to the same extent as such in-
formation could be made available in the United States,
the Commissioner, court, or such other authority shall
draw appropriate inferences, or take other action per-
mitted by statute, rule, or regulation, in favor of the party
that requested the information in the proceeding.
‘‘(b) DEFINITION.—As used in this section, the term
‘NAFTA country’ has the meaning given that term in sec-
151
tion 2(4) of the North American Free Trade Agreement
Implementation Act.’’.
SEC. 332. RENTAL RIGHTS IN SOUND RECORDINGS.
Section 4 of the Record Rental Amendment of 1984
(17 U.S.C. 109 note) is amended by striking out sub-
section (c).
SEC. 333. NONREGISTRABILITY OF MISLEADING GEO-
GRAPHIC INDICATIONS.
(a) MARKS NOT REGISTRABLE ON THE PRINCIPAL
REGISTER.—Section 2 of the Act entitled ‘‘An Act to pro-
vide for the registration and protection of trademarks used
in commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes’’, approved
July 5, 1946, commonly referred to as the Trademark Act
of 1946 (15 U.S.C. 1052(e)), is amended—
(1) by amending subsection (e) to read as fol-
lows:
‘‘(e) Consists of a mark which (1) when used on or
in connection with the goods of the applicant is merely
descriptive or deceptively misdescriptive of them, (2) when
used on or in connection with the goods of the applicant
is primarily geographically descriptive of them, except as
indications of regional origin may be registrable under sec-
tion 4, (3) when used on or in connection with the goods
of the applicant is primarily geographically deceptively
152
misdescriptive of them, or (4) is primarily merely a sur-
name.’’; and
(2) in subsection (f)—
(A) by striking out ‘‘and (d)’’ and insert-
ing ‘‘(d), and (e)(3)’’; and
(B) by adding at the end the following new
sentence: ‘‘Nothing in this section shall prevent
the registration of a mark which, when used on
or in connection with the goods of the appli-
cant, is primarily geographically deceptively
misdescriptive of them, and which became dis-
tinctive of the applicant’s goods in commerce
before the date of the enactment of the North
American Free Trade Agreement Implementa-
tion Act.’’.
(b) SUPPLEMENTAL REGISTER.—Section 23(a) of
the Trademark Act of 1946 (15 U.S.C. 1091(a)) is
amended—
(1) by striking out ‘‘and (d)’’ and inserting
‘‘(d), and (e)(3)’’; and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall prevent the reg-
istration on the supplemental register of a mark, ca-
pable of distinguishing the applicant’s goods or serv-
ices and not registrable on the principal register
153
under this Act, that is declared to be unregistrable
under section 2(e)(3), if such mark has been in law-
ful use in commerce by the owner thereof, on or in
connection with any goods or services, since before
the date of the enactment of the North American
Free Trade Agreement Implementation Act.’’.
SEC. 334. MOTION PICTURES IN THE PUBLIC DOMAIN.
(a) IN GENERAL.—Chapter 1 of title 17, United
States Code, is amended by inserting after section 104 the
following new section:
‘‘§ 104A. Copyright in certain motion pictures
‘‘(a) RESTORATION OF COPYRIGHT.—Subject to sub-
sections (b) and (c)—
‘‘(1) any motion picture that is first fixed or
published in the territory of a NAFTA country as
defined in section 2(4) of the North American Free
Trade Agreement Implementation Act to which
Annex 1705.7 of the North American Free Trade
Agreement applies, and
‘‘(2) any work included in such motion picture
that is first fixed in or published with such motion
picture,
that entered the public domain in the United States be-
cause it was first published on or after January 1, 1978,
and before March 1, 1989, without the notice required by
154
section 401, 402, or 403 of this title, the absence of which
has not been excused by the operation of section 405 of
this title, as such sections were in effect during that pe-
riod, shall have copyright protection under this title for
the remainder of the term of copyright protection to which
it would have been entitled in the United States had it
been published with such notice.
‘‘(b) EFFECTIVE DATE OF PROTECTION.—The pro-
tection provided under subsection (a) shall become effec-
tive, with respect to any motion picture or work included
in such motion picture meeting the criteria of that sub-
section, 1 year after the date on which the North Amer-
ican Free Trade Agreement enters into force with respect
to, and the United States applies the Agreement to, the
country in whose territory the motion picture was first
fixed or published if, before the end of that 1-year period,
the copyright owner in the motion picture or work files
with the Copyright Office a statement of intent to have
copyright protection restored under subsection (a). The
Copyright Office shall publish in the Federal Register
promptly after that effective date a list of motion pictures,
and works included in such motion pictures, for which pro-
tection is provided under subsection (a).
‘‘(c) USE OF PREVIOUSLY OWNED COPIES.—A na-
tional or domiciliary of the United States who, before the
155
date of the enactment of the North American Free Trade
Agreement Implementation Act, made or acquired copies
of a motion picture, or other work included in such motion
picture, that is subject to protection under subsection (a),
may sell or distribute such copies or continue to perform
publicly such motion picture and other work without liabil-
ity for such sale, distribution, or performance, for a period
of 1 year after the date on which the list of motion pic-
tures, and works included in such motion pictures, that
are subject to protection under subsection (a) is published
in the Federal Register under subsection (b).’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 1 of title 17, United
States Code, is amended by inserting after the item relat-
ing to section 104 the following new item:
‘‘104A. Copyright in certain motion pictures.’’.
SEC. 335. EFFECTIVE DATES.
(a) IN GENERAL.—Subject to subsections (b) and (c),
the amendments made by this subtitle take effect on the
date the Agreement enters into force with respect to the
United States.
(b) SECTION 331.—The amendments made by sec-
tion 331 shall apply to all patent applications that are
filed on or after the date of the enactment of this Act:
Provided, That an applicant for a patent, or a patentee,
may not establish a date of invention by reference to
156
knowledge or use thereof, or other activity with respect
thereto, in a NAFTA country, except as provided in sec-
tions 119 and 365 of title 35, United States Code, that
is earlier than the date of the enactment of this Act.
(c) SECTION 333.—The amendments made by section
333 shall apply only to trademark applications filed on
or after the date of the enactment of this Act.
Subtitle D—Temporary Entry of
Business Persons
SEC. 341. TEMPORARY ENTRY.
(a) NONIMMIGRANT TRADERS
AND INVESTORS.—
Upon a basis of reciprocity secured by the Agreement, an
alien who is a citizen of Canada or Mexico, and the spouse
and children of any such alien if accompanying or follow-
ing to join such alien, may, if otherwise eligible for a visa
and if otherwise admissible into the United States under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), be considered to be classifiable as a nonimmigrant
under section 101(a)(15)(E) of such Act (8 U.S.C.
1101(a)(15)(E)) if entering solely for a purpose specified
in Section B of Annex 1603 of the Agreement, but only
if any such purpose shall have been specified in such
Annex on the date of entry into force of the Agreement.
For purposes of this section, the term ‘‘citizen of Mexico’’
157
means ‘‘citizen’’ as defined in Annex 1608 of the Agree-
ment.
(b) NONIMMIGRANT PROFESSIONALS AND ANNUAL
NUMERICAL LIMIT.—Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by redesig-
nating subsection (e) as paragraph (1) of subsection (e)
and adding after such paragraph (1), as redesignated, the
following new paragraphs:
‘‘(2) An alien who is a citizen of Canada or Mexico,
and the spouse and children of any such alien if accom-
panying or following to join such alien, who seeks to enter
the United States under and pursuant to the provisions
of Section D of Annex 1603 of the North American Free
Trade Agreement (in this subsection referred to as
‘NAFTA’) to engage in business activities at a profes-
sional level as provided for in such Annex, may be admit-
ted for such purpose under regulations of the Attorney
General promulgated after consultation with the Secretar-
ies of State and Labor. For purposes of this Act, including
the issuance of entry documents and the application of
subsection (b), such alien shall be treated as if seeking
classification, or classifiable, as a nonimmigrant under
section 101(a)(15). The admission of an alien who is a
citizen of Mexico shall be subject to paragraphs (3), (4),
and (5). For purposes of this paragraph and paragraphs
158
(3), (4), and (5), the term ‘‘citizen of Mexico’’ means ‘‘citi-
zen’’ as defined in Annex 1608 of NAFTA.
‘‘(3) The Attorney General shall establish an annual
numerical limit on admissions under paragraph (2) of
aliens who are citizens of Mexico, as set forth in Appendix
1603.D.4 of Annex 1603 of the NAFTA. Subject to para-
graph (4), the annual numerical limit—
‘‘(A) beginning with the second year that
NAFTA is in force, may be increased in accordance
with the provisions of paragraph 5(a) of Section D
of such Annex, and
‘‘(B) shall cease to apply as provided for in
paragraph 3 of such Appendix.
‘‘(4) The annual numerical limit referred to in para-
graph (3) may be increased or shall cease to apply (other
than by operation of paragraph 3 of such Appendix) only
if—
‘‘(A) the President has obtained advice regard-
ing the proposed action from the appropriate advi-
sory committees established under section 135 of the
Trade Act of 1974 (19 U.S.C. 2155);
‘‘(B) the President has submitted a report to
the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives that sets forth—
159
‘‘(i) the action proposed to be taken and
the reasons therefor, and
‘‘(ii) the advice obtained under subpara-
graph (A);
‘‘(C) a period of at least 60 calendar days that
begins on the first day on which the President has
met the requirements of subparagraphs (A) and (B)
with respect to such action has expired; and
‘‘(D) the President has consulted with such
committees regarding the proposed action during the
period referred to in subparagraph (C).
‘‘(5) During the period that the provisions of Appen-
dix 1603.D.4 of Annex 1603 of the NAFTA apply, the
entry of an alien who is a citizen of Mexico under and
pursuant to the provisions of Section D of Annex 1603
of NAFTA shall be subject to the attestation requirement
of section 212(m), in the case of a registered nurse, or
the application requirement of section 212(n), in the case
of all other professions set out in Appendix 1603.D.1 of
Annex 1603 of NAFTA, and the petition requirement of
subsection (c), to the extent and in the manner prescribed
in regulations promulgated by the Secretary of Labor,
with respect to sections 212(m) and 212(n), and the At-
torney General, with respect to subsection (c).’’.
160
(c) LABOR DISPUTES.—Section 214 of the Immigra-
tion and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
‘‘(j) Notwithstanding any other provision of this Act,
an alien who is a citizen of Canada or Mexico who seeks
to enter the United States under and pursuant to the pro-
visions of Section B, Section C, or Section D of Annex
1603 of the North American Free Trade Agreement, shall
not be classified as a nonimmigrant under such provisions
if there is in progress a strike or lockout in the course
of a labor dispute in the occupational classification at the
place or intended place of employment, unless such alien
establishes, pursuant to regulations promulgated by the
Attorney General, that the alien’s entry will not affect ad-
versely the settlement of the strike or lockout or the em-
ployment of any person who is involved in the strike or
lockout. Notice of a determination under this subsection
shall be given as may be required by paragraph 3 of article
1603 of such Agreement. For purposes of this subsection,
the term ‘citizen of Mexico’ means ‘citizen’ as defined in
Annex 1608 of such Agreement.’’.
SEC. 342. EFFECTIVE DATE.
The provisions of this subtitle take effect on the date
the Agreement enters into force with respect to the United
States.
161
Subtitle E—Standards
PART 1—STANDARDS AND MEASURES
SEC. 351. STANDARDS AND SANITARY AND PHYTOSANITARY
MEASURES.
(a) IN GENERAL.—Title IV of the Trade Agreements
Act of 1979 (19 U.S.C. 2531 et seq.) is amended by in-
serting at the end the following new subtitle:
‘‘Subtitle E—Standards and Meas-
ures Under the North American
Free Trade Agreement
‘‘CHAPTER 1—SANITARY AND
PHYTOSANITARY MEASURES
‘‘SEC. 461. GENERAL.
‘‘Nothing in this chapter may be construed—
‘‘(1) to prohibit a Federal agency or State
agency from engaging in activity related to sanitary
or phytosanitary measures to protect human, ani-
mal, or plant life or health; or
‘‘(2) to limit the authority of a Federal agency
or State agency to determine the level of protection
of human, animal, or plant life or health the agency
considers appropriate.
‘‘SEC. 462. INQUIRY POINT.
‘‘The standards information center maintained under
section 414 shall, in addition to the functions specified
162
therein, make available to the public relevant documents,
at such reasonable fees as the Secretary of Commerce may
prescribe, and information regarding—
‘‘(1) any sanitary or phytosanitary measure of
general application, including any control or inspec-
tion procedure or approval procedure proposed,
adopted, or maintained by a Federal or State agen-
cy;
‘‘(2) the procedures of a Federal or State agen-
cy for risk assessment, and factors the agency con-
siders in conducting the assessment and in establish-
ing the levels of protection that the agency considers
appropriate;
‘‘(3) the membership and participation of the
Federal Government and State governments in inter-
national and regional sanitary and phytosanitary or-
ganizations and systems, and in bilateral and multi-
lateral 
arrangements 
regarding 
sanitary 
and
phytosanitary measures, and the provisions of those
systems and arrangements; and
‘‘(4) the location of notices of the type required
under article 719 of the NAFTA, or where the infor-
mation contained in such notices can be obtained.
163
‘‘SEC. 463. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
chapter—
‘‘(1) ANIMAL.—The term ‘animal’ includes fish,
bees, and wild fauna.
‘‘(2) APPROVAL
PROCEDURE.—The term ‘ap-
proval procedure’ means any registration, notifica-
tion, or other mandatory administrative procedure
for—
‘‘(A) approving the use of an additive for
a stated purpose or under stated conditions, or
‘‘(B) establishing a tolerance for a stated
purpose or under stated conditions for a con-
taminant,
in a food, beverage, or feedstuff prior to permitting
the use of the additive or the marketing of a food,
beverage, or feedstuff containing the additive or con-
taminant.
‘‘(3) CONTAMINANT.—The term ‘contaminant’
includes pesticide and veterinary drug residues and
extraneous matter.
‘‘(4) CONTROL OR INSPECTION PROCEDURE.—
The term ‘control or inspection procedure’ means
any procedure used, directly or indirectly, to deter-
mine that a sanitary or phytosanitary measure is
fulfilled, including sampling, testing, inspection,
164
evaluation, verification, monitoring, auditing, assur-
ance of conformity, accreditation, registration, cer-
tification, or other procedure involving the physical
examination of a good, of the packaging of a good,
or of the equipment or facilities directly related to
production, marketing, or use of a good, but does
not mean an approval procedure.
‘‘(5) PLANT.—The term ‘plant’ includes wild
flora.
‘‘(6) RISK
ASSESSMENT.—The term ‘risk as-
sessment’ means an evaluation of—
‘‘(A) the potential for the introduction, es-
tablishment or spread of a pest or disease and
associated 
biological 
and 
economic 
con-
sequences; or
‘‘(B) the potential for adverse effects on
human or animal life or health arising from the
presence of an additive, contaminant, toxin or
disease-causing organism in a food, beverage, or
feedstuff.
‘‘(7) SANITARY
OR
PHYTOSANITARY
MEAS-
URE.—
‘‘(A) IN GENERAL.—The term ‘sanitary or
phytosanitary measure’ means a measure to—
165
‘‘(i) protect animal or plant life or
health in the United States from risks
arising from the introduction, establish-
ment, or spread of a pest or disease;
‘‘(ii) protect human or animal life or
health in the United States from risks
arising from the presence of an additive,
contaminant, toxin, or disease-causing or-
ganism in a food, beverage, or feedstuff;
‘‘(iii) protect human life or health in
the United States from risks arising from
a disease-causing organism or pest carried
by an animal or plant, or a product there-
of; or
‘‘(iv) prevent or limit other damage in
the United States arising from the intro-
duction, establishment, or spread of a pest.
‘‘(B) FORM.—The form of a sanitary or
phytosanitary measure includes—
‘‘(i) end product criteria;
‘‘(ii) a product-related processing or
production method;
‘‘(iii) a testing, inspection, certifi-
cation, or approval procedure;
‘‘(iv) a relevant statistical method;
166
‘‘(v) a sampling procedure;
‘‘(vi) a method of risk assessment;
‘‘(vii) a packaging and labeling re-
quirement directly related to food safety;
and
‘‘(viii) a quarantine treatment, such
as a relevant requirement associated with
the transportation of animals or plants or
with material necessary for their survival
during transportation.
‘‘CHAPTER 2—STANDARDS-RELATED
MEASURES
‘‘SEC. 471. GENERAL.
‘‘(a) NO BAR TO ENGAGING IN STANDARDS ACTIV-
ITY.—Nothing in this chapter shall be construed—
‘‘(1) to prohibit a Federal agency from engag-
ing in activity related to standards-related measures,
including any such measure relating to safety, the
protection of human, animal, or plant life or health,
the environment or consumers; or
‘‘(2) to limit the authority of a Federal agency
to determine the level it considers appropriate of
safety or of protection of human, animal, or plant
life or health, the environment or consumers.
‘‘(b) EXCLUSION.—This chapter does not apply to—
167
‘‘(1) technical specifications prepared by a Fed-
eral agency for production or consumption require-
ments of the agency; or
‘‘(2) sanitary or phytosanitary measures under
chapter 1.
‘‘SEC. 472. INQUIRY POINT.
‘‘The standards information center maintained under
section 414 shall, in addition to the functions specified
therein, make available to the public relevant documents,
at such reasonable fees as the Secretary of Commerce may
prescribe, and information regarding—
‘‘(1) the membership and participation of the
Federal Government, State governments, and rel-
evant nongovernmental bodies in the United States
in international and regional standardizing bodies
and conformity assessment systems, and in bilateral
and multilateral arrangements regarding standards-
related measures, and the provisions of those sys-
tems and arrangements;
‘‘(2) the location of notices of the type required
under article 909 of the NAFTA, or where the infor-
mation contained in such notice can be obtained;
and
‘‘(3) the Federal agency procedures for assess-
ment of risk, and factors the agency considers in
168
conducting the assessment and establishing the lev-
els of protection that the agency considers appro-
priate.
‘‘SEC. 473. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
chapter—
‘‘(1) APPROVAL
PROCEDURE.—The term ‘ap-
proval procedure’ means any registration, notifica-
tion, or other mandatory administrative procedure
for granting permission for a good or service to be
produced, marketed, or used for a stated purpose or
under stated conditions.
‘‘(2) CONFORMITY ASSESSMENT PROCEDURE.—
The term ‘conformity assessment procedure’ means
any procedure used, directly or indirectly, to deter-
mine that a technical regulation or standard is ful-
filled, including sampling, testing, inspection, evalua-
tion, verification, monitoring, auditing, assurance of
conformity, accreditation, registration, or approval
used for such a purpose, but does not mean an ap-
proval procedure.
‘‘(3) OBJECTIVE.—The term ‘objective’ in-
cludes—
‘‘(A) safety,
169
‘‘(B) protection of human, animal, or plant
life or health, the environment or consumers,
including matters relating to quality and iden-
tifiability of goods or services, and
‘‘(C) sustainable development,
but does not include the protection of domestic pro-
duction.
‘‘(4) SERVICE.—The term ‘service’ means a
land transportation service or a telecommunications
service.
‘‘(5) 
STANDARD.—The 
term 
‘standard’
means—
‘‘(A) characteristics for a good or a service,
‘‘(B) characteristics, rules, or guidelines
for—
‘‘(i) processes or production methods
relating to such good, or
‘‘(ii) operating methods relating to
such service, and
‘‘(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for—
‘‘(i) a good or its related process or
production methods, or
‘‘(ii) a service or its related operating
methods,
170
for common and repeated use, including explan-
atory and other related provisions set out in a
document approved by a standardizing body,
with which compliance is not mandatory.
‘‘(6) 
STANDARDS-RELATED
MEASURE.—The
term ‘standards-related measure’ means a standard,
technical regulation, or conformity assessment proce-
dure.
‘‘(7) 
TECHNICAL
REGULATION.—The 
term
‘technical regulation’ means—
‘‘(A) characteristics or their related proc-
esses and production methods for a good,
‘‘(B) characteristics for a service or its re-
lated operating methods, or
‘‘(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for—
‘‘(i) a good or its related process or
production method, or
‘‘(ii) a service or its related operating
method,
set out in a document, including applicable adminis-
trative, explanatory, and other related provisions,
with which compliance is mandatory.
‘‘(8) 
TELECOMMUNICATIONS
SERVICE.—The
term ‘telecommunications service’ means a service
171
provided by means of the transmission and reception
of signals by any electromagnetic means, but does
not mean the cable, broadcast, or other electro-
magnetic distribution of radio or television program-
ming to the public generally.
‘‘CHAPTER 3—SUBTITLE DEFINITIONS
‘‘SEC. 481. DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
subtitle—
‘‘(1) NAFTA.—The term ‘NAFTA’ means the
North American Free Trade Agreement.
‘‘(2) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico.’’.
(b) TECHNICAL AMENDMENTS.—
(1) DEFINITION
OF
TRADE
REPRESENTA-
TIVE.—Section 451(12) of the Trade Agreements
Act of 1979 is amended to read as follows:
‘‘(12) TRADE
REPRESENTATIVE.—The term
‘Trade Representative’ means the United States
Trade Representative.’’.
(2) CONFORMING AMENDMENTS.—Title IV of
the Trade Agreement Act of 1979 is further amend-
ed—
172
(A) by striking out ‘‘Special Representa-
tive’’ each place it appears and inserting
‘‘Trade Representative’’; and
(B) in the section heading to section 411,
by striking out ‘‘SPECIAL REPRESENTATIVE’’
and inserting ‘‘TRADE REPRESENTATIVE’’.
SEC. 352. TRANSPORTATION.
No regulation issued by the Secretary of Transpor-
tation implementing a recommendation of the Land
Transportation 
Standards 
Subcommittee 
established
under article 913(5)(a)(i) of the Agreement may take ef-
fect before the date 90 days after the date of issuance.
PART 2—AGRICULTURAL STANDARDS
SEC. 361. AGRICULTURAL TECHNICAL AND CONFORMING
AMENDMENTS.
(a) FEDERAL SEED ACT.—Section 302(e)(1) of the
Federal Seed Act (7 U.S.C. 1582(e)(1)) is amended by
inserting ‘‘or Mexico’’ after ‘‘Canada’’.
(b) IMPORTATION OF ANIMALS.—The first sentence
of section 6 of the Act of August 30, 1890 (26 Stat. 416,
chapter 839; 21 U.S.C. 104), is amended by striking ‘‘:
Provided’’ and all that follows through the period at the
end of the sentence and inserting ‘‘, except that the Sec-
retary of Agriculture, in accordance with such regulations
as the Secretary may issue, may (1) permit the importa-
173
tion of cattle, sheep, or other ruminants, and swine, from
Canada or Mexico, and (2) permit the importation from
the British Virgin Islands into the Virgin Islands of the
United States, for slaughter only, of cattle that have been
infested with or exposed to ticks on being freed from the
ticks.’’.
(c) INSPECTION OF ANIMALS.—Section 10 of the Act
of August 30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C.
105), is amended—
(1) by inserting above ‘‘SEC. 10.’’ the following
new section heading:
‘‘SEC. 10. INSPECTION OF ANIMALS.’’;
(2) by striking ‘‘SEC. 10. That the Secretary of
Agriculture shall’’ and inserting ‘‘(a) IN
GEN-
ERAL.—Except as provided in subsection (b), the
Secretary of Agriculture shall’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) EXCEPTION.—The Secretary of Agriculture, in
accordance with such regulations as the Secretary may
issue, may waive any provision of subsection (a) in the
case of shipments between the United States and Canada
or Mexico.’’.
(d) DISEASE-FREE COUNTRIES OR REGIONS.—
174
(1) TARIFF ACT OF 1930.—Section 306 of the
Tariff Act of 1930 (19 U.S.C. 1306) is amended—
(A) in subsection (a), by striking ‘‘RIN-
DERPEST AND FOOT-AND-MOUTH DISEASE.—If
the Secretary of Agriculture’’ and inserting ‘‘IN
GENERAL.—Except as provided in subsection
(b), if the Secretary of Agriculture’’; and
(B) by striking subsection (b) and insert-
ing the following new subsection:
‘‘(b) EXCEPTION.—The Secretary of Agriculture may
permit, subject to such terms and conditions as the Sec-
retary determines appropriate, the importation of cattle,
sheep, other ruminants, or swine (including embryos of the
animals), or the fresh, chilled, or frozen meat of the ani-
mals, from a region if the Secretary determines that the
region from which the animal or meat originated is, and
is likely to remain, free from rinderpest and foot-and-
mouth disease.’’.
(2) HONEYBEE ACT.—The first section of the
Act of August 31, 1922 (commonly known as the
‘‘Honeybee Act’’) (42 Stat. 833, chapter 301; 7
U.S.C. 281), is amended—
(A) in subsection (a)—
(i) by striking ‘‘, or’’ at the end of
paragraph (1) and inserting a semicolon;
175
(ii) by striking the period at the end
of paragraph (2) and inserting ‘‘; or’’; and
(iii) by adding at the end the follow-
ing new paragraph:
‘‘(3) from Canada or Mexico, subject to such
terms and conditions as the Secretary of Agriculture
determines appropriate, if the Secretary determines
that the region of Canada or Mexico from which the
honeybees originated is, and is likely to remain, free
of diseases or parasites harmful to honeybees, and
undesirable species or subspecies of honeybees.’’; and
(B) in subsection (b)—
(i) by inserting ‘‘(1)’’ after ‘‘imported
into the United States only from’’; and
(ii) by inserting before the period the
following: ‘‘, or (2) Canada or Mexico, if
the Secretary of Agriculture determines
that the region of Canada or Mexico from
which the imports originate is, and is likely
to remain, free of undesirable species or
subspecies of honeybees’’.
(e) POULTRY PRODUCTS INSPECTION ACT.—Section
17(d) of the Poultry Products Inspection Act (21 U.S.C.
466(d)) is amended—
176
(1) in paragraph (1), by inserting after ‘‘Not-
withstanding any other provision of law,’’ the follow-
ing: ‘‘except as provided in paragraph (2),’’;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2)(A) Notwithstanding any other provision of law,
all poultry, or parts or products of poultry, capable of use
as human food offered for importation into the United
States from Canada and Mexico shall—
‘‘(i) comply with paragraph (1); or
‘‘(ii)(I) be subject to inspection, sanitary, qual-
ity, species verification, and residue standards that
are equivalent to United States standards; and
‘‘(II) have been processed in facilities and
under conditions that meet standards that are equiv-
alent to United States standards.
‘‘(B) The Secretary may treat as equivalent to a
United States standard a standard of Canada or Mexico
described in subparagraph (A)(ii) if the exporting country
provides the Secretary with scientific evidence or other in-
formation, in accordance with risk assessment methodolo-
gies agreed to by the Secretary and the exporting country,
to demonstrate that the standard of the exporting country
177
achieves the level of protection that the Secretary consid-
ers appropriate.
‘‘(C) The Secretary may—
‘‘(i) determine, on a scientific basis, that the
standard of the exporting country does not achieve
the level of protection that the Secretary considers
appropriate; and
‘‘(ii) provide the basis for the determination in
writing to the exporting country on request.’’.
(f) FEDERAL
MEAT
INSPECTION
ACT.—Section
20(e) of the Federal Meat Inspection Act (21 U.S.C.
620(e)) is amended—
(1) by striking ‘‘not be limited to—’’ and in-
serting ‘‘not be limited to the following:’’;
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through
(6) as paragraphs (3) through (7), respectively;
(4) by inserting after ‘‘not be limited to the fol-
lowing:’’ (as amended by paragraph (1)) the follow-
ing new paragraphs:
‘‘(1)(A) Subject to subparagraphs (B) and (C),
a certification by the Secretary that foreign plants
in Canada and Mexico that export carcasses or meat
or meat products referred to in subsection (a) have
complied with paragraph (2) or with requirements
178
that are equivalent to United States requirements
with regard to all inspection and building construc-
tion standards, and all other provisions of this Act
and regulations issued under this Act.
‘‘(B) Subject to subparagraph (C), the Sec-
retary may treat as equivalent to a United States re-
quirement a requirement described in subparagraph
(A) if the exporting country provides the Secretary
with scientific evidence or other information, in ac-
cordance with risk assessment methodologies agreed
to by the Secretary and the exporting country, to
demonstrate that the requirement or standard of the
exporting country achieves the level of protection
that the Secretary considers appropriate.
‘‘(C) The Secretary may—
‘‘(i) determine, on a scientific basis, that a
requirement of an exporting country does not
achieve the level of protection that the Sec-
retary considers appropriate; and
‘‘(ii) provide the basis for the determina-
tion to the exporting country in writing on re-
quest.
‘‘(2) A certification by the Secretary that, ex-
cept as provided in paragraph (1), foreign plants
that export carcasses or meat or meat products re-
179
ferred to in subsection (a) have complied with re-
quirements that are at least equal to all inspection
and building construction standards and all other
provisions of this Act and regulations issued under
this Act.’’;
(5) in paragraphs (3) through (7) (as redesig-
nated by paragraph (3)), by striking ‘‘the’’ the first
place it appears in each paragraph and inserting
‘‘The’’;
(6) in paragraphs (3) through (5) (as so redes-
ignated), by striking the semicolon at the end of
each paragraph and inserting a period; and
(7) in paragraph (6) (as so redesignated), by
striking ‘‘; and’’ at the end and inserting a period.
(g) PEANUT BUTTER AND PEANUT PASTE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), all peanut butter and peanut paste in the
United States domestic market shall be processed
from peanuts that meet the quality standards estab-
lished for peanuts under Marketing Agreement No.
146.
(2) IMPORTS.—Peanut butter and peanut paste
imported into the United States shall comply with
paragraph (1) or with sanitary measures that
achieve at least the same level of sanitary protection.
180
(h) ANIMAL HEALTH BIOCONTAINMENT FACILITY.—
(1) GRANT
FOR
CONSTRUCTION.—The Sec-
retary of Agriculture shall make a grant to a land
grant college or university described in paragraph
(2) for the construction of a facility at the college
or university for the conduct of research in animal
health, disease-transmitting insects, and toxic chemi-
cals that requires the use of biocontainment facilities
and equipment. The facility to be constructed with
the grant shall be known as the ‘‘Southwest Re-
gional Animal Health Biocontainment Facility’’.
(2) GRANT RECIPIENT DESCRIBED.—To be eli-
gible for the grant under paragraph (1), a land
grant college or university must be—
(A) located in a State adjacent to the
international border with Mexico; and
(B) determined by the Secretary of Agri-
culture to have an established program in ani-
mal health research and education and to have
a collaborative relationship with one or more
colleges of veterinary medicine or universities
located in Mexico.
(3) ACTIVITIES OF THE FACILITY.—The facility
constructed using the grant made under paragraph
181
(1) shall be used for conducting the following activi-
ties:
(A) The biocontainment facility shall offer
the ability to organize multidisciplinary inter-
national teams working on basic and applied re-
search on diagnostic method development and
disease control strategies, including develop-
ment of vaccines.
(B) The biocontainment facility shall sup-
port research that will improve the scientific
basis for regulatory activities, decreasing the
need for new regulatory programs and enhanc-
ing international trade.
(C) The biocontainment facility shall allow
academic institutions, governmental agencies,
and the private sector to conduct research in
basic and applied research biology, epidemiol-
ogy, pathogenesis, host response, and diagnostic
methods, on disease agents that threaten the
livestock industries of the United States and
Mexico.
(D) The biocontainment facility may be
used to support research involving food safety,
toxicology, 
environmental 
pollutants,
radioisotopes, recombinant microorganisms, and
182
selected naturally resistant or transgenic ani-
mals.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for each fis-
cal year such sums as are necessary to carry out this
subsection.
(i) REPORTS ON INSPECTION OF IMPORTED MEAT,
POULTRY, OTHER FOODS, ANIMALS, AND PLANTS.—
(1) DEFINITIONS.—As used in this subsection:
(A) IMPORTS.—The term ‘‘imports’’ means
any meat, poultry, other food, animal, or plant
that is imported into the United States in com-
mercially significant quantities.
(B) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Agriculture.
(2) IN
GENERAL.—In consultation with rep-
resentatives of other appropriate agencies, the Sec-
retary shall prepare an annual report on the impact
of the Agreement on the inspection of imports.
(3) CONTENTS OF REPORTS.—The report re-
quired under this subsection shall, to the maximum
extent practicable, include a description of—
(A) the quantity or, with respect to the
Customs Service, the number of shipments, of
imports from a NAFTA country that are in-
183
spected at the borders of the United States with
Canada and Mexico during the prior year;
(B) any change in the level or types of in-
spections of imports in each NAFTA country
during the prior year;
(C) in any case in which the Secretary has
determined that the inspection system of an-
other NAFTA country is equivalent to the in-
spection system of the United States, the rea-
sons supporting the determination of the Sec-
retary;
(D) the incidence of violations of inspec-
tion requirements by imports from NAFTA
countries during the prior year—
(i) at the borders of the United States
with Mexico or Canada; or
(ii) at the last point of inspection in
a NAFTA country prior to shipment to the
United States if the agency accepts inspec-
tion in that country;
(E) the incidence of violations of inspection
requirements of imports to the United States
from Mexico or Canada prior to the implemen-
tation of the Agreement;
184
(F) any additional cost associated with
maintaining an adequate inspection system of
imports as a result of the implementation of the
Agreement;
(G) any incidence of transshipment of im-
ports—
(i) that originate in a country other
than a NAFTA country;
(ii) that are shipped to the United
States through a NAFTA country during
the prior year; and
(iii) that are incorrectly represented
by the importer to qualify for preferential
treatment under the Agreement;
(H) the quantity and results of any mon-
itoring by the United States of equivalent in-
spection systems of imports in other NAFTA
countries during the prior year;
(I) the use by other NAFTA countries of
sanitary and phytosanitary measures (as de-
fined in the Agreement) to limit exports of
United States meat, poultry, other foods, ani-
mals, and plants to the countries during the
prior year; and
185
(J) any other information the Secretary
determines to be appropriate.
(4) FREQUENCY OF REPORTS.—The Secretary
shall submit—
(A) the initial report required under this
subsection not later than January 31, 1995;
and
(B) an annual report required under this
subsection not later than 1 year after the date
of the submission of the initial report and the
end of each 1-year period thereafter through
calendar year 2004.
(5) REPORT
TO
CONGRESS.—The Secretary
shall prepare and submit the report required under
this subsection to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
Subtitle F—Corporate Average
Fuel Economy
SEC. 371. CORPORATE AVERAGE FUEL ECONOMY.
(a) IN GENERAL.—Section 503(b)(2) of the Motor
Vehicle Information and Cost Savings Act (15 U.S.C.
2003(b)(2)) is amended by adding at the end the following
new subparagraph:
186
‘‘(G)(i) In accordance with the schedule set out
in clause (ii), an automobile shall be considered do-
mestically manufactured in a model year if at least
75 percent of the cost to the manufacturer of the
automobile is attributable to value added in the
United States, Canada, or Mexico, unless the assem-
bly of the automobile is completed in Canada or
Mexico and the automobile is not imported into the
United States prior to the expiration of 30 days fol-
lowing the end of that model year.
‘‘(ii) Clause (i) shall apply to all automobiles
manufactured by a manufacturer and sold in the
United States, wherever assembled, in accordance
with the following schedule:
‘‘(I) With respect to a manufacturer that
initiated the assembly of automobiles in Mexico
before model year 1992, the manufacturer may
elect, at any time between January 1, 1997,
and January 1, 2004, to have clause (i) apply
to all automobiles it manufactures, beginning
with the model year commencing after the date
of such election.
‘‘(II) With respect to a manufacturer initi-
ating the assembly of automobiles in Mexico
after model year 1991, clause (i) shall apply to
187
all automobiles it manufactures, beginning with
the model year commencing after January 1,
1994, or the model year commencing after the
date that the manufacturer initiates the assem-
bly of automobiles in Mexico, whichever is later.
‘‘(III) With respect to a manufacturer not
described by subclause (I) or (II) assembling
automobiles in the United States or Canada but
not in Mexico, the manufacturer may elect, at
any time between January 1, 1997, and Janu-
ary 1, 2004, to have clause (i) apply to all auto-
mobiles it manufactures, beginning with the
model year commencing after the date of such
election, except that if such manufacturer initi-
ates the assembly of automobiles in Mexico be-
fore making such election, this subclause shall
not apply and the manufacturer shall be subject
to clause (II).
‘‘(IV) With respect to a manufacturer not
assembling automobiles in the United States,
Canada, or Mexico, clause (i) shall apply to all
automobiles it manufactures, beginning with the
model year commencing after January 1, 1994.
‘‘(V) With respect to a manufacturer au-
thorized to make an election under subclause
188
(I) or (III) which has not made that election
within the specified period, clause (i) shall
apply to all automobiles it manufactures, begin-
ning with the model year commencing after
January 1, 2004.
‘‘(iii) The Secretary shall prescribe reasonable
procedures for elections under this subparagraph,
and the EPA Administrator may prescribe rules for
purposes of carrying out this subparagraph.’’.
(b) CONFORMING AMENDMENTS.—The first sentence
of section 503(b)(2)(E) of the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 2003(b)(2)(E)) is
amended—
(1) by striking ‘‘An’’ and inserting ‘‘Except as
provided in subparagraph (G), an’’, and
(2) in the last sentence, by striking ‘‘this sub-
paragraph’’ and inserting ‘‘this subparagraph and
subparagraph (G)’’.
Subtitle G—Government
Procurement
SEC. 381. GOVERNMENT PROCUREMENT.
(a) IN GENERAL.—Section 301 of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2511) is amended—
189
(1) in subsection (a) by striking ‘‘The Presi-
dent’’ and inserting ‘‘Subject to subsection (f) of
this section, the President’’;
(2) by inserting ‘‘or the North American Free
Trade Agreement’’ after ‘‘the Agreement’’ in para-
graph (1) of subsection (b); and
(3) by adding at the end the following new sub-
sections:
‘‘(e) PROCUREMENT PROCEDURES BY CERTAIN FED-
ERAL AGENCIES.—Notwithstanding any other provision of
law, the President may direct any agency of the United
States listed in Annex 1001.1a–2 of the North American
Free Trade Agreement to procure eligible products in
compliance with the procedural provisions of chapter 10
of such Agreement.
‘‘(f) SMALL
BUSINESS
AND
MINORITY
PREF-
ERENCES.—The authority of the President under sub-
section (a) of this section to waive any law, regulation,
procedure, or practice regarding Government procurement
does not authorize the waiver of any small business or mi-
nority preference.’’.
(b) 
RECIPROCAL
COMPETITIVE
PROCUREMENT
PRACTICES.—Section 302(a) of such Act (19 U.S.C.
2512(a)) is amended by striking ‘‘would otherwise be eligi-
ble products’’ in paragraph (1) and inserting ‘‘are prod-
190
ucts covered under the Agreement for procurement by the
United States’’.
(c) DEFINITION OF ELIGIBLE PRODUCT.—Section
308(4)(A) of such Act (19 U.S.C. 2518(4)(A)) is amended
to read as follows:
‘‘(A) IN
GENERAL.—The term ‘eligible
product’ means, with respect to any foreign
country or instrumentality that is—
‘‘(i) a party to the Agreement, a prod-
uct or service of that country or instru-
mentality which is covered under the
Agreement for procurement by the United
States; or
‘‘(ii) a party to the North American
Free Trade Agreement, a product or serv-
ice of that country or instrumentality
which is covered under the North Amer-
ican Free Trade Agreement for procure-
ment by the United States.’’.
(d) CONFORMING AMENDMENTS.—Section 401 of the
Rural Electrification Act of 1938 (7 U.S.C. 903 note) is
amended by inserting ‘‘, Mexico, or Canada’’ after ‘‘the
United States’’ each place it appears.
191
(e) EFFECTIVE DATE.—The provisions of this sub-
title take effect on the date the Agreement enters into
force with respect to the United States.
TITLE 
IV—DISPUTE 
SETTLE-
MENT IN ANTIDUMPING AND
COUNTERVAILING 
DUTY
CASES
Subtitle A—Organizational, Admin-
istrative, and Procedural Provi-
sions Regarding the Implemen-
tation of Chapter 19 of the
Agreement
SEC. 401. REFERENCES IN SUBTITLE.
Any reference in this subtitle to an Annex, chapter,
or article shall be considered to be a reference to the re-
spective Annex, chapter, or article of the Agreement.
SEC. 402. ORGANIZATIONAL AND ADMINISTRATIVE PROVI-
SIONS.
(a) CRITERIA FOR SELECTION OF INDIVIDUALS TO
SERVE ON PANELS AND COMMITTEES.—
(1) IN GENERAL.—The selection of individuals
under this section for—
(A) placement on lists prepared by the
interagency group under subsection (c)(2)(B)(i)
and (ii);
192
(B) placement on preliminary candidate
lists under subsection (c)(3)(A);
(C) placement on final candidate lists
under subsection (c)(4)(A);
(D) placement by the Trade Representative
on the rosters described in paragraph 1 of
Annex 1901.2 and paragraph 1 of Annex
1904.13; and
(E) appointment by the Trade Representa-
tive for service on the panels and committees
convened under chapter 19;
shall be made on the basis of the criteria provided
in paragraph 1 of Annex 1901.2 and paragraph 1 of
Annex 1904.13 and shall be made without regard to
political affiliation.
(2) ADDITIONAL CRITERIA FOR ROSTER PLACE-
MENTS AND APPOINTMENTS UNDER PARAGRAPH 1
OF ANNEX 1901.2.—Rosters described in paragraph 1
of Annex 1901.2 shall include, to the fullest extent
practicable, judges and former judges who meet the
criteria referred to in paragraph (1). The Trade
Representative shall, subject to subsection (b), ap-
point judges to binational panels convened under
chapter 19, extraordinary challenge committees con-
vened under chapter 19, and special committees es-
193
tablished under article 1905, where such judges
offer and are available to serve and such service is
authorized by the chief judge of the court on which
they sit.
(b) SELECTION OF CERTAIN JUDGES TO SERVE ON
PANELS AND COMMITTEES.—
(1) APPLICABILITY.—This subsection applies
only with respect to the selection of individuals for
binational panels convened under chapter 19, ex-
traordinary challenge committees convened under
chapter 19, and special committees established
under article 1905, who are judges of courts created
under article III of the Constitution of the United
States.
(2) CONSULTATION WITH CHIEF JUDGES.—The
Trade Representative shall consult, from time to
time, with the chief judges of the Federal judicial
circuits regarding the interest in, and availability
for, participation in binational panels, extraordinary
challenge committees, and special committees, of
judges within their respective circuits. If the chief
judge of a Federal judicial circuit determines that it
is appropriate for one or more judges within that
circuit to be included on a roster described in sub-
section (a)(1)(D), the chief judge shall identify all
194
such judges for the Chief Justice of the United
States who may, upon his or her approval, submit
the names of such judges to the Trade Representa-
tive. The Trade Representative shall include the
names of such judges on the roster.
(3) SUBMISSION OF LISTS TO CONGRESS.—The
Trade Representative shall submit to the Committee
on the Judiciary and the Committee on Ways and
Means of the House of Representatives and to the
Committee on Finance and the Committee on the
Judiciary of the Senate a list of all judges included
on a roster under paragraph (2). Such list shall be
submitted at the same time as the final candidate
lists are submitted under subsection (c)(4)(A) and
the final forms of amendments are submitted under
subsection (c)(4)(C)(iv).
(4) APPOINTMENT OF JUDGES TO PANELS OR
COMMITTEES.—At such time as the Trade Rep-
resentative proposes to appoint a judge described in
paragraph (1) to a binational panel, an extraor-
dinary challenge committee, or a special committee,
the Trade Representative shall consult with that
judge in order to ascertain whether the judge is
available for such appointment.
(c) SELECTION OF OTHER CANDIDATES.—
195
(1) APPLICABILITY.—This subsection applies
only with respect to the selection of individuals for
binational panels convened under chapter 19, ex-
traordinary challenge committees convened under
chapter 19, and special committees established
under article 1905, other than those individuals to
whom subsection (b) applies.
(2) INTERAGENCY GROUP.—
(A) ESTABLISHMENT.—There is estab-
lished within the interagency organization es-
tablished under section 242 of the Trade Ex-
pansion Act of 1962 (19 U.S.C. 1872) an inter-
agency group which shall—
(i) be chaired by the Trade Represent-
ative; and
(ii) consist of such officers (or the
designees thereof) of the United States
Government as the Trade Representative
considers appropriate.
(B) FUNCTIONS.—The interagency group
established under subparagraph (A) shall, in a
manner consistent with chapter 19—
(i) prepare by January 3 of each cal-
endar year—
196
(I) a list of individuals who are
qualified to serve as members of bina-
tional panels convened under chapter
19; and
(II) a list of individuals who are
qualified to serve on extraordinary
challenge committees convened under
chapter 19 and special committees es-
tablished under article 1905;
(ii) if the Trade Representative makes
a request under paragraph (4)(C)(i) with
respect to a final candidate list during any
calendar year, prepare by July 1 of such
calendar year a list of those individuals
who are qualified to be added to that final
candidate list;
(iii) exercise oversight of the adminis-
tration of the United States Section that is
authorized to be established under section
105; and
(iv) make recommendations to the
Trade Representative regarding the con-
vening of extraordinary challenge commit-
tees and special committees under chapter
19.
213
in paragraph 4 of article 1904. The receipt of such request
by the United States Secretary shall be deemed to be a
request for binational panel review within the meaning of
article 1904. The request for such panel review shall be
without prejudice to any challenge before a binational
panel of the basis for a particular request for review.
(d) SERVICE OF REQUEST FOR REVIEW.—Whenever
binational panel review of a final determination made by
a competent investigating authority is requested under
this section, the United States Secretary shall serve a copy
of the request on all persons who would otherwise be enti-
tled under the law of the importing country to commence
proceedings for judicial review of the determination.
SEC. 405. RULES OF PROCEDURE FOR PANELS AND COM-
MITTEES.
(a) RULES OF PROCEDURE FOR BINATIONAL PAN-
ELS.—The administering authority shall prescribe rules,
negotiated in accordance with paragraph 14 of article
1904, governing, with respect to binational panel re-
views—
(1) requests for such reviews, complaints, other
pleadings, and other papers;
(2) the amendment, filing, and service of such
pleadings and papers;