text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Integrity of the United States 
  Courts Act of 2001''.
  
  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.--
              ``(1) In general.--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--
                      ``(A)(i) the determination of the panel was based 
                  on a misinterpretation of United States law;
                      ``(ii) 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,
                      ``(iii) the panel seriously departed from a 
                  fundamental rule of procedure, or
                      ``(iv) 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
                      ``(B) any of the actions described in subparagraph 
                  (A) 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.
              ``(2) Review in court of international trade where 
          binational panel does not act.--If a request for a panel review 
          has been made under article 1904 and a panel is not convened 
          within 315 days of the request, the Party requesting the panel 
          review or person within the meaning of paragraph 5 of article 
          1904 may file an appeal of the antidumping or countervailing 
          duty determination with respect to which the request was filed 
          with the United States Court of International Trade.
      ``(b) Decisions of the Court.--
              ``(1) In general.--In any appeal filed under subsection 
          (a)(1) 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)(A) 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.
              ``(2) Decisions where panel not convened.--In the case of 
          an appeal filed under subsection (a)(2) for review of a 
          determination of a competent investigating authority, the Court 
          of International Trade shall, after examining the legal and 
          factual analysis underlying the findings and conclusions of the 
          investigating authority's determination, determine whether the 
          determination was made in accordance with article 1904. If the 
          court finds that the determination was not in accordance with 
          article 1904 or is not supported by the legal and factual 
          analysis, the court shall vacate the investigating authority's 
          determination and enter judgment accordingly. If the court 
          finds that the determination was in accordance with article 
          1904 and is supported by the legal and factual analysis, the 
          court shall affirm the investigating authority's determination. 
          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 would have been before a panel 
          had the panel been convened.
      ``(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.--Subsections (a)(1), (b)(1), and (c) apply 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), (ix), or (x)''; 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.
                              ``(x) A final determination of an 
                          investigating authority described in section 
                          404A(a)(2) of the North American Free Trade 
                          Agreement Implementation Act.'';
              (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 of 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. APPLICATION TO CANADA AND MEXICO.
  
      Pursuant to article 1902 of the North American Free Trade Agreement 
  and section 408 of the North American Free Trade Agreement 
  Implementation Act, the amendments made by this Act shall apply with 
  respect to goods from Canada and Mexico.
  
  SEC. 5. 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 or to a final determination 
  of a competent investigating authority with respect to which section 
  404A(a)(2) of the North American Free Trade Agreement Implementation 
  Act applies, notice of which is published in the Federal Register on or 
  after the date of enactment of this Act.
target: Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel, alleging that a panel determination was based on a misinterpretation of U.S. law, a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process.Authorizes a party to file an appeal of the antidumping or countervailing duty determination with the U.S. Court of International Trade if such party has requested a panel review of the determination, but such panel is not convened within 315 days.Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico.
feat_title: 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.