(2) an increase in the rate of duty imposed on such article to a level that does not exceed the lesser of (A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or (B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force; or (3) in the case of a duty applied on a seasonal basis to that article, an increase in the rate of duty imposed on the article to a level that does not exceed the column 1 general rate of duty imposed under the HTS on the article for the corresponding season occurring immediately before the date on which the Agreement enters into force. (d) PERIOD OF RELIEF.-The import relief that the President is authorized to provide under this section may not exceed 4 years. (e) RATE AFTER TERMINATION OF IMPORT RELIEF.-When import relief under this subtitle is terminated with respect to an article (1) the rate of duty on that article after such termination and on or before December 31 of the year in which termination occurs shall be the rate that, according to the United States Schedule to Annex 2.1 of the Agreement for the staged elimination of the tariff, would have been in effect 1 year after the initiation of the import relief action under section 211; and (2) the tariff treatment for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either— (A) the rate of duty conforming to the applicable rate set out in the United States Schedule to Annex 2.1; or (B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the United States Schedule to Annex 2.1 for the elimination of the tariff. SEC. 214. TERMINATION OF RELIEF AUTHORITY. (a) GENERAL RULE.-Except as provided in subsection (b), no import relief may be provided under this subtitle after the date that is 15 years after the date on which the Agreement enters into force. (b) EXCEPTION.-Import relief may be provided under this subtitle in the case of a Jordanian article after the date on which such relief would, but for this subsection, terminate under subsection (a), but only if the Government of Jordan consents to such provision. SEC. 215. COMPENSATION AUTHORITY. For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 213 shall be treated as action taken under chapter 1 of title II of such Act. SEC. 216. SUBMISSION OF PETITIONS. A petition for import relief may be submitted to the Commission under (1) this subtitle; (2) chapter 1 of title II of the Trade Act of 1974; or 19 USC 2112 note. 19 USC 2112 note. 19 USC 2112 note. 19 USC 2112 note. 19 USC 2112 note. 19 USC 2112 note. 19 USC 2112 note. (3) under both this subtitle and such chapter 1 at the same time, in which case the Commission shall consider such petitions jointly. Subtitle C-Cases Under Title II of The Trade Act of 1974 SEC. 221. FINDINGS AND ACTION ON JORDANIAN IMPORTS. (a) EFFECT OF IMPORTS.—If, in any investigation initiated under chapter 1 of title II of the Trade Act of 1974, the Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of section 330(d) of the Tariff Act of 1930), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the article from Jordan are a substantial cause of serious injury or threat thereof. (b) PRESIDENTIAL ACTION REGARDING JORDANIAN IMPORTS.— In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974, the President shall determine whether imports from Jordan are a substantial cause of the serious injury found by the Commission and, if such determination is in the negative, may exclude from such action imports from Jordan. SEC. 222. TECHNICAL AMENDMENT. Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence (1) by striking "and part 1" and inserting ", part 1"; and (2) by inserting before the period at the end", and title II of the United States-Jordan Free Trade Area Implementation Act". TITLE III-TEMPORARY ENTRY SEC. 301. NONIMMIGRANT TRADERS AND INVESTORS. Upon the basis of reciprocity secured by the Agreement, an alien who is a national of Jordan (and any spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) of the alien, if accompanying or following to join the alien) shall be considered as entitled to enter the United States under and in pursuance of the provisions of the Agreement as a nonimmigrant described in section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), if the entry is solely for a purpose described in clause (i) or (ii) of such section and the alien is otherwise admissible to the United States as such a nonimmigrant. TITLE IV-GENERAL PROVISIONS SEC. 401. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES (a) RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW. (1) UNITED STATES LAW TO PREVAIL IN CONFLICT.-No provision of the Agreement, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect. CONSTRUCTION.-Nothing in this Act shall be (2) construed or (A) to amend or modify any law of the United States; (B) to limit any authority conferred under any law of the United States, unless specifically provided for in this Act. (b) RELATIONSHIP OF AGREEMENT TO STATE LAW. (1) LEGAL CHALLENGE.-No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid. (2) DEFINITION OF STATE LAW.-For purposes of this subsection, the term "State law" includes (A) any law of a political subdivision of a State; and (B) any State law regulating or taxing the business of insurance. (c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REMEDIES.-No person other than the United States (1) shall have any cause of action or defense under the Agreement; or (2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with the Agreement. SEC. 402. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each fiscal year after fiscal year 2001 to the Department of Commerce not more than $100,000 for the payment of the United States share of the expenses incurred in dispute settlement proceedings under article 17 of the Agreement. SEC. 403. IMPLEMENTING REGULATIONS. After the date of enactment of this Act (1) the President may proclaim such actions; and (2) other appropriate officers of the United States may issue such regulations, as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date the Agreement enters into force. SEC. 404. EFFECTIVE DATES; EFFECT OF TERMINATION. (a) EFFECTIVE DATES.-Except as provided in subsection (b), the provisions of this Act and the amendments made by this Act take effect on the date the Agreement enters into force. (b) EXCEPTIONS.-Sections 1 through 3 and this title take effect on the date of the enactment of this Act. 19 USC 2112 note. 19 USC 2112 note. 19 USC 2112 note. (c) TERMINATION OF THE AGREEMENT.-On the date on which the Agreement ceases to be in force, the provisions of this Act (other than this subsection) and the amendments made by this Act, shall cease to be effective. Approved September 28, 2001. LEGISLATIVE HISTORY-H.R. 2603 (S. 643): HOUSE REPORTS: No. 107-176, Pt. 1 (Comm. on Ways and Means). July 31, considered and passed House. Public Law 107-44 107th Congress Joint Resolution Making continuing appropriations for the fiscal year 2002, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2002, and for other purposes, namely: SEC. 101. (a)(1) Such amounts as may be necessary under the authority and conditions provided in the applicable appropriations Act for fiscal year 2001 for continuing projects or activities including the costs of direct loans and loan guarantees (not otherwise specifically provided for in this joint resolution) which were conducted in fiscal year 2001 and for which appropriations, funds, or other authority would be available in the following appropriations Acts: (A) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002; (B) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002, notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)); (C) the Energy and Water Development Appropriations Act, 2002; (D) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956; (E) the Department of the Interior and Related Agencies Appropriations Act, 2002; (F) the Legislative Branch Appropriations Act, 2002; (G) the Military Construction Appropriations Act, 2002; (H) the Department of Transportation and Related Agencies Appropriations Act, 2002; (I) the Treasury and General Government Appropriations Act, 2002; and (J) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2002: Sept. 28, 2001 [H.J. Res. 65] |