[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1258

To improve United States litigation efforts at the WTO, establish a WTO 
Dispute Settlement Review Commission, promote reform of the WTO dispute 
              settlement process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2003

   Mr. Bayh introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To improve United States litigation efforts at the WTO, establish a WTO 
Dispute Settlement Review Commission, promote reform of the WTO dispute 
              settlement process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) In General.--This Act may be cited as the ``Stand With American 
Workers Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
          TITLE I--ROLE OF UNITED STATES TRADE REPRESENTATIVE

Sec. 101. Role of USTR.
Sec. 102. Deputy USTR for litigation.
Sec. 103. Amendments to URAA.
    TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION; NEGOTIATING 
   OBJECTIVES OF THE UNITED STATES FOR REFORM OF DISPUTE SETTLEMENT 
                              PROCEEDINGS

                     Subtitle A--General Provisions

Sec. 201. Definitions.
          Subtitle B--WTO Dispute Settlement Review Commission

Sec. 211. Establishment of Commission.
Sec. 212. Duties of the Commission.
Sec. 213. Powers of the Commission.
Sec. 214. Review of dispute settlement procedures.
Sec. 215. Participation in WTO panel proceedings.
 Subtitle C--Negotiating Objectives of the United States and Reform of 
                     Dispute Settlement Proceedings

Sec. 221. Reform of dispute settlement proceedings.
Sec. 222. Ethics requirements.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States joined the World Trade Organization 
        (in this Act referred to as the ``WTO'') as an original member 
        with the goal of creating an improved global trading system 
        that would provide mutual trade benefits through more open 
        foreign markets.
            (2) Congress passed the Uruguay Round Agreements Act based 
        on its understanding that existing United States trade remedies 
        would be consistent with WTO agreements. Effective trade remedy 
        rules are a cornerstone of the multilateral trading system and 
        an essential bulwark for American industries against unfair 
        trade and damaging import surges.
            (3) Since the WTO's founding, foreign governments have used 
        the WTO's dispute settlement system to launch an unanticipated 
        and unwarranted series of attacks against United States trade 
        laws, particularly the antidumping, countervailing duty, and 
        safeguard laws.
            (4) In the overwhelming number of such cases, WTO panel and 
        Appellate Body rulings have gone against the United States. 
        These decisions are often based upon obligations that do not 
        exist under existing WTO agreements.
            (5) The one-sided record in dispute settlement proceedings 
        is particularly disturbing because the right to act against 
        dumped, subsidized, and surging imports is a fundamental part 
        of the multilateral trade regime, having been codified in 
        Articles VI and XIX of the General Agreement on Tariffs and 
        Trade 1947.
            (6) To address this problem, the United States must ensure 
        that it is aggressively defending United States trade remedy 
        laws at the WTO and promoting a WTO dispute settlement system 
        that both acts within its limitations under existing WTO 
        agreements and operates in a more fair and transparent manner.

          TITLE I--ROLE OF UNITED STATES TRADE REPRESENTATIVE

SEC. 101. ROLE OF USTR.

    (a) In General.--Chapter 4 of title I of the Trade Act of 1974 (19 
U.S.C. 2171) is amended by inserting after section 141, the following 
new section:

``SEC. 142. SPECIAL PROVISIONS RELATING TO THE WORLD TRADE 
              ORGANIZATION.

    ``(a) Definitions.--In this chapter:
            ``(1) Adverse finding.--The term `adverse finding' means--
                    ``(A) in a panel or Appellate Body proceeding 
                initiated against the United States, a finding by the 
                panel or the Appellate Body that any law or regulation 
                of, or application thereof by, the United States is 
                inconsistent with the obligations of the United States 
                under a Uruguay Round Agreement (or nullifies or 
                impairs benefits accruing to a WTO member under such an 
                Agreement); or
                    ``(B) in a panel or Appellate Body proceeding in 
                which the United States is a complaining party, any 
                finding by the panel or the Appellate Body that a 
                measure of the party complained against is not 
                inconsistent with that party's obligations under a 
                Uruguay Round Agreement (or does not nullify or impair 
                benefits accruing to the United States under such an 
                Agreement).
            ``(2) Appellate body, etc.--The terms `Appellate Body', 
        `dispute settlement panel', and `Dispute Settlement Body', have 
        the meanings given those terms in section 121 of the Uruguay 
        Round Agreements Act (19 U.S.C. 3531).
            ``(3) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives.
            ``(4) Dispute settlement body.--The term `Dispute 
        Settlement Body' means the Dispute Settlement Body established 
        pursuant to the Dispute Settlement Understanding.
            ``(5) Dispute settlement panel; panel.--The terms `dispute 
        settlement panel' and `panel' mean a panel established pursuant 
        to Article 6 of the Dispute Settlement Understanding.
            ``(6) Dispute settlement proceeding.--The term `dispute 
        settlement proceeding' means any procedure initiated, or 
decision rendered, pursuant to the Dispute Settlement Understanding.
            ``(7) Dispute settlement understanding.--The term `Dispute 
        Settlement Understanding' means the Understanding on Rules and 
        Procedures Governing the Settlement of Disputes referred to in 
        section 101(d)(16) of the Uruguay Round Agreements Act.
            ``(8) Terms of reference.--The term `terms of reference' 
        has the meaning given such term in the Dispute Settlement 
        Understanding.
            ``(9) Uruguay round agreement.--The term `Uruguay Round 
        Agreement' means any of the Agreements described in section 
        101(d) of the Uruguay Round Agreements Act.
            ``(10) WTO agreement.--The term `WTO Agreement' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
            ``(11) WTO, etc.--The terms `WTO', `World Trade 
        Organization', and `WTO member country' have the meaning given 
        those terms in section 2 of the Uruguay Round Agreements Act 
        (19 U.S.C. 3501).
    ``(b) Responsibility of USTR.--In addition to the responsibilities 
described in section 141, the United States Trade Representative shall 
be the primary government official responsible for all dispute 
settlement proceedings before the World Trade Organization that involve 
the United States.
    ``(c) Additional Attorneys.--
            ``(1) Increase in staff.--The United States Trade 
        Representative may hire 10 additional attorneys to assist the 
        United States Trade Representative in carrying out the 
        responsibilities described in subsection (b).
            ``(2) Panel of outside attorneys.--The United States Trade 
        Representative may, pursuant to section 141(e)(2), employ 
        private attorneys who have the expertise and experience to 
        represent the United States before dispute settlement panels 
        and the Appellate Body.''.
    (b) Conforming Amendment.--The table of contents of the Trade Act 
of 1974 (19 U.S.C. 2101 et seq.) is amended by inserting after the item 
relating to section 141 the following new item:

``Sec. 142. Special provisions relating to the World Trade 
                            Organization.''.

SEC. 102. DEPUTY USTR FOR LITIGATION.

    (a) In General.--Section 141(b) of the Trade Act of 1974 (19 U.S.C. 
2171(b)) is amended by inserting after paragraph (5), the following new 
paragraph:
    ``(6) The United States Trade Representative shall designate 1 of 
the Deputy United States Trade Representatives whose sole 
responsibility shall be to oversee--
            ``(A) all dispute settlement proceedings involving the 
        United States before the World Trade Organization; and
            ``(B) any negotiations involving modifications to, or 
        amendments of, the Understanding on Rules and Procedures 
        Governing the Settlement of Disputes.''.
    (b) Conforming Amendment.--Section 141(b) of such Act is amended by 
moving paragraph (5) 2 ems to the left.

SEC. 103. AMENDMENTS TO URAA.

    (a) Maintenance of Biographical Material.--Section 123(a) of the 
Uruguay Round Agreements Act (19 U.S.C. 3533(a)) is amended--
            (1) by striking ``The President'' and inserting:
    ``(1) Review by president.--The President'';
            (2) by moving the text of paragraph (1) of section 123(a), 
        as redesignated by paragraph (1), 2 ems to the right; and
            (3) by adding at the end the following new paragraph:
            ``(2) Maintenance of roster by ustr.--The Trade 
        Representative shall maintain and make available to the public 
        a current list of WTO panelists, including persons serving on 
        the Appellate Body. The list shall include pertinent 
        biographical information on each person, including panel 
        decisions made by the person, the person's dispute settlement 
        experience, and any relevant speeches, articles, or books of 
        the person.''.
    (b) Notification Requirements.--Section 123(d) of the Uruguay Round 
Agreements Act (19 U.S.C. 3533(d)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or regulation, or practice of a department or agency of the 
        United States,'' after ``Federal or State law''; and
            (2) in paragraph (1), by inserting ``or regulation, or 
        practice of a department or agency of the United States,'' 
        after ``State or Federal law''.
    (c) Actions Upon Circulation of Reports.--Section 123(f) of the 
Uruguay Round Agreements Act (19 U.S.C. 3533(f)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) in paragraph (3), by inserting ``, before the United 
        States communicates its intentions regarding its compliance 
        with the panel or Appellate body report under Article 21(3) of 
        the Dispute Settlement Understanding,'' before ``consult 
        with'';
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) as part of the consultations described in paragraph 
        (3), provide the appropriate congressional committees with a 
        written analysis of the rights or obligations of the United 
        States affected by the report, as well as an analysis of 
        whether, in the opinion of the Trade Representative, the panel 
        or Appellate Body violated the standard of review or its terms 
        of reference in reaching its decision, and whether the measure 
        being challenged has any adverse trade effects for the United 
        States.''.
    (d) Requirements for Agency Action.--Section 123(g)(1)(E) of the 
Uruguay Round Agreements Act (19 U.S.C. 3533(g)(1)(E)) is amended to 
read as follows:
                    ``(E) not later than 60 days before the publication 
                required by subparagraph (C), the Trade Representative 
                has submitted to the appropriate congressional 
                committees a report and the Trade Representative and 
                the head of the relevant department or agency have 
                consulted with such committees regarding the proposed 
                content of the final rule or other modification, the 
                reasons for the rule or modification, and the advice 
                obtained under subparagraph (B) with respect to the 
                rule or modification; and''.
    (e) Consent to Appellate Body Appointments.--Section 123 of the 
Uruguay Round Agreements Act (19 U.S.C. 3533) is amended by adding at 
the end the following new subsection:
    ``(i) Congressional Consent to Appellate Body Appointments.--
            ``(1) Report to committees.--Not later than 60 days (or as 
        early as practicable) before the Dispute Settlement Body 
        considers for appointment or reappointment a person to the 
        Appellate Body, the Trade Representative shall report to the 
        appropriate congressional committees regarding the person being 
        considered for appointment or reappointment.
            ``(2) Content of report.--The report required by paragraph 
        (1) shall include information on the suitability of each person 
        being considered for appointment and the Trade Representative's 
        recommendation regarding the person. The recommendation shall 
        include an assessment of each person's ability to understand 
        and abide by the limitations imposed by the standard of review 
        and the terms of reference under which the Appellate Body must 
        decide its cases. If a person is being considered for 
        reappointment, the Trade Representative shall report on the 
        person's record on the Appellate Body, including the cases 
        handled and the decisions rendered by that person.
            ``(3) Consent by committees.--Unless a majority of the 
        members of each of the congressional committees vote in favor 
        of the appointment or reappointment of the person to the 
        Appellate Body, the Trade Representative shall oppose the 
        appointment or reappointment at the WTO.''.

    TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION; NEGOTIATING 
   OBJECTIVES OF THE UNITED STATES FOR REFORM OF DISPUTE SETTLEMENT 
                              PROCEEDINGS

                     Subtitle A--General Provisions

SEC. 201. DEFINITIONS.

    In this title:
            (1) Adverse to the united states.--The term ``adverse to 
        the United States'' means--
                    (A) in a panel or Appellate Body proceeding 
                initiated against the United States, a finding by the 
                panel or the Appellate Body that, any law or regulation 
                of, or application thereof by, the United States, or 
                any State, is inconsistent with the obligations of the 
                United States under a Uruguay Round Agreement (or 
                nullifies or impairs benefits accruing to a WTO member 
                under such an Agreement); or
                    (B) in a panel or Appellate Body proceeding in 
                which the United States is a complaining party, any 
                finding by the panel or the Appellate Body that a 
                measure of the party complained against is not 
                inconsistent with that party's obligations under a 
                Uruguay Round Agreement (or does not nullify or impair 
                benefits accruing to the United States under such an 
                Agreement).
            (2) Affirmative report.--The term ``affirmative report'' 
        means a report described in section 212(b)(2) which contains 
        affirmative determinations made by the Commission under 
        paragraph (3) of section 212(a).
            (3) Appellate body.--The term ``Appellate Body'' means the 
        Appellate Body established by the Dispute Settlement Body 
        pursuant to Article 17.1 of the Dispute Settlement 
        Understanding.
            (4) Dispute settlement body.--The term ``Dispute Settlement 
        Body'' means the Dispute Settlement Body established pursuant 
        to the Dispute Settlement Understanding.
            (5) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (6) Dispute settlement proceeding.--The term ``dispute 
        settlement proceeding'' means any procedure initiated, or 
        decision rendered, pursuant to the Dispute Settlement 
        Understanding.
            (7) Dispute settlement understanding.--The term ``Dispute 
        Settlement Understanding'' means the Understanding on Rules and 
        Procedures governing the Settlement of Disputes referred to in 
        section 101(d)(16) of the Uruguay Round Agreements Act.
            (8) Terms of reference.--The term ``terms of reference'' 
        has the meaning given such term in the Dispute Settlement 
        Understanding.
            (9) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.
            (10) Uruguay round agreement.--The term ``Uruguay Round 
        Agreement'' means any of the Agreements described in section 
        101(d) of the Uruguay Round Agreements Act.
            (11) World trade organization; wto.--The terms ``World 
        Trade Organization'' and ``WTO'' mean the organization 
        established pursuant to the WTO Agreement.
            (12) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.

          Subtitle B--WTO Dispute Settlement Review Commission

 SEC. 211. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the World Trade Organization Dispute Settlement Review Commission 
(in this Act referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 5 
        members, all of whom shall be retired judges of the Federal 
        judicial circuits, and who shall be appointed by the President, 
        after consultation with the Majority Leader and Minority Leader 
        of the House of Representatives, the Majority Leader and 
        Minority Leader of the Senate, the chairman and ranking member 
        of the Committee on Ways and Means of the House of 
        Representatives, and the chairman and ranking member of the 
        Committee on Finance of the Senate.
            (2) Date of appointment.--The appointments of the members 
        of the Commission shall be made not later than 90 days after 
        the date of enactment of this Act.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Members of the Commission first appointed 
        shall each be appointed for a term of 5 years.
            (2) Subsequent terms.--After the initial 5-year term, 3 
        members of the Commission shall be appointed for terms of 3 
        years and the remaining 2 members shall be appointed for terms 
        of 2 years.
            (3) Vacancies.--
                    (A) In general.--Any vacancy on the Commission 
                shall not affect its powers, but shall be filled in the 
                same manner as the original appointment and shall be 
                subject to the same conditions as the original 
                appointment.
                    (B) Unexpired term.--An individual chosen to fill a 
                vacancy shall be appointed for the unexpired term of 
                the member replaced.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (2) Subsequent meetings.--The Commission shall meet 
        subsequently at the call of the chairperson.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (f) Chairperson and Vice Chairperson.--The Commission shall select 
a chairperson and vice chairperson from among its members.
    (g) Affirmative Determinations.--An affirmative vote by a majority 
of the members of the Commission shall be required for any affirmative 
determination by the Commission under section 212.

 SEC. 212. DUTIES OF THE COMMISSION.

    (a) Review of World Trade Organization Dispute Settlement 
Reports.--
            (1) In general.--The Commission shall review--
                    (A) all reports of dispute settlement panels and 
                the Appellate Body of the WTO in proceedings initiated 
                by other parties to the WTO that are adverse to the 
                United States and that are adopted by the Dispute 
                Settlement Body; and
                    (B) upon request of the Trade Representative, the 
                chairman or ranking member of the Committee on Ways and 
                Means of the House of Representatives, or the chairman 
                or ranking member of the Committee on Finance of the 
                Senate, any other report of a dispute settlement panel, 
                or the Appellate Body that is adopted by the Dispute 
                Settlement Body.
            (2) Scope of review.--In the case of a report described in 
        paragraph (1), the Commission shall conduct a complete review 
        and determine whether the panel or Appellate Body, as the case 
        may be--
                    (A) exceeded its authority or its terms of 
                reference;
                    (B) added to the obligations, or diminished the 
                rights of the United States under the Uruguay Round 
                Agreement that is the subject of the report;
                    (C) acted arbitrarily or capriciously, engaged in 
                misconduct, or demonstrably departed from the 
                procedures specified for panels and the Appellate Body 
                in the applicable Uruguay Round Agreement; and
                    (D) deviated from the applicable standard of 
                review, including in antidumping, countervailing duty, 
                and other unfair trade remedy cases, the standard of 
                review set forth in Article 17.6 of the Agreement on 
                Implementation of Article VI of the General Agreement 
on Tariffs and Trade, 1994.
            (3) Affirmative determination.--If the Commission makes an 
        affirmative determination with respect to the action of a panel 
        or an Appellate Body under subparagraph (A), (B), (C), or (D) 
        of paragraph (2), the Commission shall determine whether the 
        action of the panel or Appellate Body materially affected the 
        outcome of the report of the panel or Appellate Body.
    (b) Determination; Report.--
            (1) Determination.--Not later than 120 days after the date 
        that a report of a panel or the Appellate Body described in 
        subsection (a) is adopted by the Dispute Settlement Body, the 
        Commission shall make a written determination with respect to 
        matters described in subsection (a) (2) and (3).
            (2) Reports.--The Commission shall report the determination 
        described in paragraph (1) to the Committee on Ways and Means 
        of the House of Representatives and the Committee on Finance of 
        the Senate.

 SEC. 213. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold any hearings, sit and act at 
any time and place, take any testimony, and receive any evidence as the 
Commission considers advisable to carry out the purposes of this Act. 
The Commission shall provide reasonable notice of a hearing held 
pursuant to this subsection.
    (b) Information From Interested Parties and Federal Agencies.--
            (1) Notice of panel or appellate body report.--The Trade 
        Representative shall advise the Commission not later than 5 
        days after the date the Dispute Settlement Body adopts the 
        report of a panel or the Appellate Body that is adverse to the 
        United States and shall immediately publish notice of that 
        advice in the Federal Register, along with notice of an 
        opportunity for interested parties to submit comments to the 
        Commission.
            (2) Submissions and requests for information.--Any 
        interested party may submit comments to the Commission 
        regarding the panel or Appellate Body report. The Commission 
        may also secure directly from any Federal department or agency 
        any information the Commission considers necessary to carry out 
        the provisions of this Act. Upon request of the chairperson of 
        the Commission, the head of that department or agency shall 
        furnish the requested information to the Commission.
            (3) Access to panel and appellate body documents.--
                    (A) In general.--The Trade Representative shall 
                make available to the Commission all submissions and 
                relevant documents relating to the panel or Appellate 
                Body report, including any information contained in 
                submissions identified by the provider of the 
                information as proprietary information or information 
                treated as confidential by a foreign government.
                    (B) Public access.--Any document which the Trade 
                Representative submits to the Commission shall be 
                available to the public, except information which is 
                identified as proprietary or confidential.
            (4) Assistance from federal agencies; confidentiality.--
                    (A) Administrative assistance.--Any agency or 
                department of the United States that is designated by 
                the President shall provide administrative services, 
                funds, facilities, staff, or other support services to 
                the Commission to assist the Commission with the 
                performance of the Commission's functions.
                    (B) Confidentiality.--The Commission shall protect 
                from disclosure any document or information submitted 
                to it by a department or agency of the United States 
                which the agency or department requests be kept 
                confidential. The Commission shall not be considered to 
                be an agency for purposes of section 552 of title 5, 
                United States Code.

SEC. 214. REVIEW OF DISPUTE SETTLEMENT PROCEDURES.

    (a) Affirmative Report by Commission.--
            (1) In general.--If the Commission makes 3 affirmative 
        determinations under section 212(b) in a 5-year period, the 
        President shall, not later than 90 days after the third 
        affirmative determination, submit to Congress a proposal for 
        the fundamental reform of the dispute settlement system at the 
        WTO and the rights and obligations of WTO member countries 
        under that system, and a plan on how to achieve such 
        fundamental reform. Except as provided in paragraph (2), the 
        provisions of section 151 of the Trade Act of 1974 (and the 
        trade authorities procedures provided for in section 2103(b)(3) 
        of the Bipartisan Trade Promotion Authority Act of 2002 (19 
        U.S.C. 3801 et seq.)) shall cease to apply to implementing 
        bills until a joint resolution described in subsection (b) is 
enacted into law pursuant to the provisions of subsection (c).
            (2) Exception.--Notwithstanding paragraph (1), the trade 
        authorities procedures provided for in the Bipartisan Trade 
        Promotion Authority Act of 2002 shall continue to apply to the 
        implementation of any agreement with respect to which the 
        President has notified the House of Representatives and the 
        Senate of the President's intent pursuant to section 
        2105(a)(1)(A).
    (b) Joint Resolutions Described.--For purposes of subsection 
(a)(1), a joint resolution is described in this paragraph if it is a 
joint resolution of the 2 Houses of Congress and the matter after the 
resolving clause of such joint resolution is as follows: ``That the 
Congress approves the proposal of the President, submitted on ____, in 
response to the affirmative determination submitted to the Congress by 
the WTO Dispute Settlement Review Commission on ____, to seek the 
fundamental reform of the dispute settlement system at the WTO and the 
rights and obligations of WTO member countries under that system, and 
authorizes and directs the United States Trade Representative to 
undertake negotiations to achieve such fundamental reform in accordance 
with the plan'', the first blank space being filled with the date the 
President submits the proposal, and the second blank space being filled 
with the date of the affirmative determination submitted to the 
Congress by the Commission pursuant to section 212(b) which has given 
rise to the joint resolution.
    (c) Procedural Provisions.--
            (1) In general.--The requirements of this subsection are 
        met if the joint resolution is enacted in accordance with this 
        subsection, and the Congress adopts and transmits the joint 
        resolution to the President.
            (2) Presidential veto.--In any case in which the President 
        vetoes the joint resolution, the requirements of this 
        subsection are met if each House of Congress votes to override 
        that veto on or before the last day of the 30-day period 
        (excluding any day described in section 154(b) of the Trade Act 
        of 1974) beginning on the date on which the Congress receives 
        the veto message from the President.
            (3) Introduction.--
                    (A) Time.--A joint resolution to which this section 
                applies may be introduced at any time on or before the 
                date that is 90 days after the President submits the 
                plan described in subsection (a).
                    (B) Any member may introduce.--A joint resolution 
                described in subsection (b) may be introduced in either 
                House of the Congress by any Member of such House.
            (4) Expedited procedures.--
                    (A) General rule.--Subject to the provisions of 
                this subsection, the provisions of subsections (b), 
                (d), (e), and (f) of section 152 of the Trade Act of 
                1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to a 
                joint resolution described in subsection (b) to the 
                same extent as such provisions apply to resolutions 
                under such section.
                    (B) Report or discharge of committee.--If the 
                committee of either House to which a joint resolution 
                has been referred has not reported it by the close of 
                the 45th day after its introduction (excluding any day 
                described in section 154(b) of the Trade Act of 1974), 
                such committee shall be automatically discharged from 
                further consideration of the joint resolution and it 
                shall be placed on the appropriate calendar.
                    (C) Finance and ways and means committees.--It is 
                not in order for--
                            (i) the Senate to consider any joint 
                        resolution unless it has been reported by the 
                        Committee on Finance or the committee has been 
                        discharged under subparagraph (B); or
                            (ii) the House of Representatives to 
                        consider any joint resolution unless it has 
                        been reported by the Committee on Ways and 
                        Means or the committee has been discharged 
                        under subparagraph (B).
                    (D) Special rule for house.--A motion in the House 
                of Representatives to proceed to the consideration of a 
                joint resolution may only be made on the second 
                legislative day after the calendar day on which the 
                Member making the motion announces to the House his or 
                her intention to do so.
            (5) Consideration of second resolution not in order.--It 
        shall not be in order in either the House of Representatives or 
        the Senate to consider a joint resolution (other than a joint 
        resolution received from the other House), if that House has 
        previously adopted a joint resolution under this section 
        relating to the same matter.
    (d) Rules of House of Representatives and Senate.--This section is 
enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such is 
        deemed a part of the rules of each House, respectively, and 
        such procedures supersede other rules only to the extent that 
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right 
        of either House to change the rules (so far as relating to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as any other rule of that House.

SEC. 215. PARTICIPATION IN WTO PANEL PROCEEDINGS.

    (a) In General.--If the United States Trade Representative, in 
proceedings before a dispute settlement panel or the Appellate Body of 
the WTO, seeks--
            (1) to enforce United States rights under a multilateral 
        trade agreement, or
            (2) to defend a challenged action or determination of the 
        United States Government,
a private United States person that is supportive of the United States 
Government's position before the panel or Appellate Body and that has a 
direct economic interest in the panel's or Appellate Body's resolution 
of the matters in dispute shall be permitted to participate in 
consultations and panel proceedings. The Trade Representative shall 
issue regulations, consistent with subsections (b) and (c), ensuring 
full and effective participation by any such private person.
    (b) Access to Information.--The United States Trade Representative 
shall make available to persons described in subsection (a) all 
information presented to or otherwise obtained by the Trade 
Representative in connection with a WTO dispute settlement proceeding. 
The United States Trade Representative shall promulgate regulations 
implementing a protective order system to protect information 
designated by the submitting member as confidential.
    (c) Participation in Dispute Settlement Proceeding.--Upon request 
from a person described in subsection (a), the United States Trade 
Representative shall--
            (1) consult in advance with such person regarding the 
        content of written submissions from the United States to the 
        dispute settlement panel or Appellate Body concerned or to the 
        other member countries involved;
            (2) include, where appropriate, such person or the 
        appropriate representative of such person as an advisory member 
        of the delegation in sessions of the dispute settlement panel 
        or Appellate Body;
            (3) allow such special delegation member, where such member 
        would bring special knowledge to the proceeding, to appear 
        before the panel or Appellate Body, directly or through 
        counsel, under the supervision of responsible United States 
        Government officials; and
            (4) in proceedings involving confidential information, 
        allow appearance of such person only through counsel as a 
        member of the special delegation.

 Subtitle C--Negotiating Objectives of the United States and Reform of 
                     Dispute Settlement Proceedings

SEC. 221. REFORM OF DISPUTE SETTLEMENT PROCEEDINGS.

    (a) Negotiations Regarding Reform of the WTO Dispute Settlement 
Proceedings.--The United States Trade Representative shall follow the 
principal negotiating objectives set forth in subsection (b) regarding 
reform of the WTO dispute settlement proceedings and pursue those 
objectives through all possible means, including negotiations to carry 
out the 4th World Trade Organization Ministerial held in Doha, Qatar in 
November 2001.
    (b) Negotiating Objectives.--The principal negotiating objectives 
set forth in this subsection are as follows:
            (1) Deference to member country's trade laws.--A principal 
        negotiating objective of the United States is to amend Article 
        11 of the Dispute Settlement Understanding to require that in 
        reviewing a determination involving a trade remedy or safeguard 
        law of a WTO member country, a dispute settlement panel or the 
        Appellate Body shall set aside the determination only if the 
        determination is not supported by substantial evidence or is 
        expressly contrary to the applicable Uruguay Round Agreement.
            (2) Creating a secretariat.--A principal negotiating 
        objective of the United States is the establishment of a 
        Secretariat in the Dispute Settlement Body who shall be 
        responsible for selecting for nomination individuals to serve 
        on dispute settlement panels and for providing individuals 
        selected with technical support.
            (3) Elimination of participation by government officials.--
        A principal negotiating objective of the United States is to 
        amend the Dispute Settlement Understanding to prohibit any 
        individual employed by the government of a WTO member country 
        from serving on a panel or on the Appellate Body.
            (4) Third party participation.--A principal negotiating 
        objective of the United States is to establish procedures to 
        provide for the general acceptance of amicus curiae submissions 
        from interested outside parties by dispute settlement panels 
        and the Appellate Body.
            (5) Public access to dispute settlement proceedings.--A 
        principal negotiating objective of the United States is to 
        establish more open and transparent dispute settlement 
        proceedings, by--
                    (A) allowing public access to proceedings before 
                dispute settlement panels and the Appellate Body, and 
                to arbitration meetings;
                    (B) making nonconfidential submissions and written 
                statements of oral presentations available to the 
                public;
                    (C) providing timely access to final reports of 
                dispute settlement panels; and
                    (D) maintaining in a central location for 
                nonconfidential documents relating to dispute 
                settlement proceedings and making those documents 
                publicly available.
    (c) Report.--Not later than 60 days before reaching an agreement 
involving a negotiating objective described in subsection (b), the 
Trade Representative shall report to Congress regarding the progress 
made in achieving the objective and the details of any agreement.

SEC. 222. ETHICS REQUIREMENTS.

    (a) In General.--The United States shall not agree to the 
appointment or reappointment of any individual to the Appellate Body or 
to the WTO panel roster until the WTO establishes and implements the 
reporting requirements described in subsection (b).
    (b) Reporting Requirements.--An individual may not serve on a panel 
or the Appellate Body without first submitting in writing the following 
information:
            (1) Information regarding any interest, relationship, or 
        matter that is likely to affect the individual's independence 
        or impartially or that might reasonably create an appearance of 
        impropriety or an apprehension of bias in the matter being 
        considered before the panel or Appellate Body.
            (2) Information regarding financial or personal interest 
        the individual has in, or related to, the matter before the 
        panel or Appellate Body.
            (3) Current and previous employment history and information 
        regarding any financial or personal interest an employer, 
        business associate, or family member may have in the matter 
        before the panel or Appellate Body.
            (4) Information regarding the individual's relationship 
        with any government entity or official involved in the matter 
        before the panel or Appellate Body.
            (5) Any position papers prepared by the individual or 
        public advocacy of the individual relating to the matter or 
        issue before the panel or Appellate Body.
    (c) Availability to WTO Member Countries.--The information required 
by subsection (b) shall be made available to WTO member countries and 
the Trade Representative shall make the information available to 
persons described in section 215(a) under an appropriately drawn 
protective order designed to protect confidential information.
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