Home > 106th Congressional Bills > H.R. 546 (ih) To amend title 18, United States Code, to protect the sanctity of religious communications. [Introduced in House] ...H.R. 546 (ih) To amend title 18, United States Code, to protect the sanctity of religious communications. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 5469
To provide for review in the Court of International Trade of certain
determinations of binational panels under the North American Free Trade
Agreement.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 12, 2000
Mr. Norwood (for himself, Mr. Chambliss, Mr. Goode, Mr. Bishop, Mr.
Wicker, Mr. Velazquez, Mr. Pickering, Mr. Coble, and Mr. Graham)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To provide for review in the Court of International Trade of certain
determinations of binational panels under the North American Free Trade
Agreement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity of the United States
Courts Act of 2000''.
SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.
(a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:
``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.
``(a) Basis for Review in Court of International Trade.--If, within
30 days after publication in the Federal Register of notice that a
binational panel has issued a determination following a review under
article 1904 of a decision of a competent investigating authority in
the United States, a party or person within the meaning of paragraph 5
of article 1904 alleges that--
``(1)(A) a member of a panel was guilty of a gross
misconduct, bias, or a serious conflict of interest, or
otherwise materially violated the rules of conduct,
``(B) the panel seriously departed from a fundamental rule
of procedure, or
``(C) the panel manifestly exceeded its powers, authority,
or jurisdiction set out in article 1904, as in failing to apply
the appropriate standard of review, and
``(2) any of the actions described in paragraph (1) has
materially affected the panel's decision and threatens the
integrity of the binational panel review process,
then such party or person may file an appeal with the United States
Court of International Trade, seeking review of the binational panel
determination, pursuant to section 516A of the Tariff Act of 1930.
``(b) Decisions of the Court.--In any appeal filed under subsection
(a) for review of a binational panel determination, the Court of
International Trade shall, after examining the legal and factual
analysis underlying the findings and conclusions of the panel's
decision, determine whether any of the actions described in subsection
(a)(1) has been established. If the court finds that any of those
actions has been established, the court shall vacate the original panel
decision and enter judgment accordingly. If the actions are not
established, the court shall affirm the original binational panel
decision. Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the matters
between the parties that were before the panel.
``(c) Exclusive Jurisdiction.--If a party or person within the
meaning of paragraph 5 of article 1904 timely files a notice of appeal
to the Court of International Trade pursuant to this section, then
jurisdiction exclusively resides with the United States Court of
International Trade, and such determinations are not subject to review
by an extraordinary challenge committee under paragraph 13 of article
1904.
``(d) Applicability.--This section applies to all goods from NAFTA
countries which were subject to an antidumping duty or countervailing
duty determination of a competent investigating authority in the United
States.''.
(b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:
``Sec. 404A. Review of binational panel determinations.''.
SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)(I), by striking ``or
(viii)'' and inserting ``(viii), or (ix)''; and
(B) in subparagraph (B), by adding at the end the
following:
``(ix) A final determination of a
binational panel convened pursuant to article
1904 of the NAFTA.'';
(2) in subsection (a)(5), in the matter preceding
subparagraph (A), by inserting ``(other than a determination
described in subsection (g)(3)(A)(vii))'' after ``apply''; and
(3) in subsection (g)(3)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(vii) a determination which either a
party or person within the meaning of paragraph
5 of article 1904 of the NAFTA has requested
review pursuant to section 404A of the North
American Free Trade Agreement Implementation
Act.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to any final
determination of a binational panel convened pursuant to article 1904
of the North American Free Trade Agreement, notice of which is
published in the Federal Register on or after the date of the enactment
of this Act.
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