                        TITLE 19--CUSTOMS DUTIES
 
                  CHAPTER 21--NORTH AMERICAN FREE TRADE
 
    SUBCHAPTER III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES
 
                           Part B--Agriculture
 
Sec. 3391. Agriculture


(a) Omitted

(b) Section 624 of title 7

                           (1) In general

        The President may, pursuant to article 309 and Annex 703.2 of 
    the Agreement, exempt from any quantitative limitation or fee 
    imposed pursuant to section 624 of title 7 any article which 
    originates in Mexico, if Mexico is a NAFTA country.

                    (2) Qualification of articles

        The determination of whether an article originates in Mexico 
    shall be made in accordance with section 3332 of this title, except 
    that operations performed in, or materials obtained from, any 
    country other than the United States or Mexico shall be treated as 
    if performed in or obtained from a country other than a NAFTA 
    country.

(c) Tariff rate quotas

    In implementing the tariff rate quotas set out in the United States 
Schedule to Annex 302.2 of the Agreement, the President shall take such 
action as may be necessary to ensure that imports of agricultural goods 
do not disrupt the orderly marketing of commodities in the United 
States.

(d) Peanuts

                     (1) Effect of the Agreement

        (A) In general

            Nothing in the Agreement or this Act reduces or eliminates--
                (i) any penalty required under section 1359a(d) of title 
            7; or
                (ii) any requirement under Marketing Agreement No. 146, 
            Regulating the Quality of Domestically Produced Peanuts, on 
            peanuts in the domestic market, pursuant to section 1445c-
            3(f) \1\ of title 7.
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    \1\ See References in Text note below.
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        (B) Omitted

                    (2) Consultations on imports

        It is the sense of Congress that the United States should 
    request consultations in the Working Group on Emergency Action, 
    established in the Understanding Between the Parties to the North 
    American Free Trade Agreement Concerning Chapter Eight--Emergency 
    Action, if imports of peanuts exceed the in-quota quantity under a 
    tariff rate quota set out in the United States Schedule to Annex 
    302.2 of the Agreement concerning whether--
            (A) the increased imports of peanuts constitute a 
        substantial cause of, or contribute importantly to, serious 
        injury, or threat of serious injury, to the domestic peanut 
        industry; and
            (B) recourse under Chapter Eight of the Agreement or Article 
        XIX of the General Agreement on Tariffs and Trade is 
        appropriate.

(e) Fresh fruits, vegetables, and cut flowers

                           (1) In general

        The Secretary of Agriculture shall collect and compile the 
    information specified under paragraph (3), if reasonably available, 
    from appropriate Federal departments and agencies and the relevant 
    counterpart ministries of the Government of Mexico.

                    (2) Designation of an office

        The Secretary of Agriculture shall designate an office within 
    the United States Department of Agriculture to be responsible for 
    maintaining and disseminating, in a timely manner, the data 
    accumulated for verifying citrus, fruit, vegetable, and cut flower 
    trade between the United States and Mexico. The information shall be 
    made available to the public and the NAFTA Agriculture Committee 
    Working Groups.

                      (3) Information collected

        The information to be collected, if reasonably available, 
    includes--
            (A) monthly fresh fruit, fresh vegetable, fresh citrus, and 
        processed citrus product import and export data;
            (B) monthly citrus juice production and export data;
            (C) data on inspections of shipments of citrus, vegetables, 
        and cut flowers entering the United States from Mexico; and
            (D) in the case of fruits, vegetables, and cut flowers 
        entering the United States from Mexico, data regarding--
                (i) planted and harvested acreage; and
                (ii) wholesale prices, quality, and grades.

(f) End-use certificates

                           (1) In general

        The Secretary of Agriculture (referred to in this subsection as 
    the ``Secretary'') shall implement, in coordination with the 
    Commissioner of Customs, a program requiring that end-use 
    certificates be included in the documentation covering the entry 
    into, or the withdrawal from a warehouse for consumption in, the 
    customs territory of the United States--
            (A) of any wheat that is a product of any foreign country or 
        instrumentality that requires, as of the effective date of this 
        subsection, end-use certificates for imports of wheat that is a 
        product of the United States (referred to in this subsection as 
        ``United States-produced wheat''); and
            (B) of any barley that is a product of any foreign country 
        or instrumentality that requires, as of the effective date of 
        this subsection, end-use certificates for imports of barley that 
        is a product of the United States (referred to in this 
        subsection as ``United States-produced barley'').

                           (2) Regulations

        The Secretary shall prescribe by regulation such requirements 
    regarding the information to be included in end-use certificates as 
    may be necessary and appropriate to carry out this subsection.

                (3) Producer protection determination

        At any time after the effective date of the requirements 
    established under paragraph (1), the Secretary may, subject to 
    paragraph (5), suspend the requirements when making a determination, 
    after consultation with domestic producers, that the program 
    implemented under this subsection has directly resulted in--
            (A) the reduction of income to the United States producers 
        of agricultural commodities; or
            (B) the reduction of the competitiveness of United States 
        agricultural commodities in the world export markets.

                   (4) Suspension of requirements

        (A) Wheat

            If a foreign country or instrumentality that requires end-
        use certificates for imports of United States-produced wheat as 
        of the effective date of the requirement under paragraph (1)(A) 
        eliminates the 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 instrumentality that requires end-
        use certificates for imports of United States-produced barley as 
        of the effective date of the requirement under paragraph (1)(B) 
        eliminates the requirement, the Secretary shall suspend the 
        requirement under paragraph (1)(B) beginning 30 calendar days 
        after suspension by the foreign country or instrumentality.

                       (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 determination.

                           (6) Compliance

        It shall be a violation of section 1001 of title 18 for a person 
    to engage in fraud or knowingly violate this subsection or a 
    regulation implementing this subsection.

                         (7) Effective date

        This subsection shall become effective on the date that is 120 
    days after December 8, 1993.

(g) Omitted

(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 title 26, that 
    have experience in providing emergency services to low-income 
    migrant or seasonal farmworkers. Emergency services to be provided 
    with assistance received under this subsection may include such 
    types of assistance as the Secretary determines to be necessary and 
    appropriate.

      (2) ``Low-income migrant or seasonal farmworker'' defined

        As used in this subsection, the term ``low-income migrant or 
    seasonal farmworker'' shall have the same meaning as provided in 
    section 5177a(b) of title 42.

                 (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 Agreement 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 
    agricultural commodities and on rural communities located in the 
    United States.

                       (2) Contents of report

        The report required under this subsection shall include--
            (A) an assessment of the effects of implementing the 
        Agreement on the various agricultural commodities affected by 
        the Agreement, on a commodity-by-commodity basis;
            (B) an assessment of the effects of implementing the 
        Agreement on investments made in United States agriculture and 
        on rural communities located in the United States;
            (C) an assessment of the effects of implementing the 
        Agreement on employment in United States agriculture, including 
        any gains or losses of jobs in businesses directly or indirectly 
        related to United States agriculture; and
            (D) such other information and data as the Secretary 
        determines appropriate.

                      (3) Submission of report

        The Secretary shall furnish the report required under this 
    subsection to the Committee on Agriculture, Nutrition, and Forestry 
    of the Senate and to the Committee on Agriculture of the House of 
    Representatives. The report shall be due every 2 years and shall be 
    submitted by March 1 of the year in which the report is due. The 
    first report shall be due by March 1, 1997, and the final report 
    shall be due by March 1, 2011.

(Pub. L. 103-182, title III, Sec. 321, Dec. 8, 1993, 107 Stat. 2108.)

                       References in Text

    This Act, referred to in subsec. (d)(1)(A), is Pub. L. 103-182, Dec. 
8, 1993, 107 Stat. 2057, known as the North American Free Trade 
Agreement Implementation Act. For complete classification of this Act to 
the Code, see Short Title note set out under section 3301 of this title 
and Tables.
    Section 1445c-3(f) of title 7, referred to in subsec. (d)(1)(A)(ii), 
was repealed by Pub. L. 104-127, title I, Sec. 171(b)(2)(E), Apr. 4, 
1996, 110 Stat. 938.

                          Codification

    Section is comprised of section 321 of Pub. L. 103-182. Subsec. (a) 
of section 321 of Pub. L. 103-182 amended provisions set out as a note 
under section 2253 of this title. Subsec. (d)(1)(B) of section 321 of 
Pub. L. 103-182 amended section 1359a of Title 7, Agriculture. Subsec. 
(g) of section 321 of Pub. L. 103-182 amended provisions set out as a 
note under section 5622 of Title 7.
