[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5529 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5529

 To amend United States trade laws to address more effectively import 
                    crises, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2006

 Mr. English of Pennsylvania (for himself and Ms. Hart) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
     and in addition to the Committee on Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend United States trade laws to address more effectively import 
                    crises, 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) Short Title.--This Act may be cited as the ``Trade Law Reform 
Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec.  1. Short title; table of contents.
       TITLE I--AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930

Sec.  101. Captive production.
Sec.  102. Price. 
Sec.  103. Vulnerability of industry; cumulation.
Sec.  104. Causal relationship between imports and injury.
Sec.  105. Prevention of circumvention.
Sec.  106. Perishable agricultural products.
Sec.  107. Export price and constructed export price.
Sec.  108. Drawback adjustment in antidumping cases.
Sec.  109. Expedited remedy where persistent dumping is present.
Sec.  110. Countervailable subsidy.
Sec.  111. New shipper review.
Sec.  112. Valuing freight for inputs in nonmarket economy country 
                            antidumping calculations.
Sec.  113. Revocation of nonmarket economy country status.
Sec.  114. Effective date.
                     TITLE II--SAFEGUARD AMENDMENTS

Sec.  201. Amendments to chapter 1 of title II of the Trade Act of 
                            1974.
              TITLE III--INTERNATIONAL TRADE NEGOTIATIONS

Sec.  301. Negotiating objectives regarding trade remedy laws.
Sec.  302. Consultations and assessments regarding trade Agreements.
Sec.  303. Effective date.
 TITLE IV--CONGRESSIONAL ADVISORY COMMISSION ON WTO DISPUTE SETTLEMENT

Sec.  401. Short title.
Sec.  402. Congressional findings and purpose.
Sec.  403. Establishment of Commission.
Sec.  404. Duties of the Commission.
Sec.  405. Powers of the Commission.
Sec.  406. Report by United States Trade Representative.
Sec.  407. Definitions. 
Sec.  408. Effective date.
             TITLE V--STEEL IMPORT LICENSING AND MONITORING

Sec.  501. Maintenance and expansion of steel import licensing and 
                            monitoring program.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec.  601. Construction. 
Sec.  602. Application to goods from Canada and Mexico.
Sec.  603. Participation in WTO panel proceedings.

       TITLE I--AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930

SEC. 101. CAPTIVE PRODUCTION.

    Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(iv)) is amended to read as follows:
                            ``(iv) Captive production.--If domestic 
                        producers transfer internally, including to 
                        affiliated persons as defined in paragraph 
                        (33), significant production of the domestic 
                        like product for the production of a downstream 
                        article and sell significant production of the 
                        domestic like product in the merchant market, 
                        then the Commission, in determining market 
                        share and the factors affecting financial 
                        performance set forth in clause (iii), shall 
                        focus primarily on the merchant market for the 
                        domestic like product.''.

SEC. 102. PRICE.

    Section 771(7)(C)(ii) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(ii)) is amended by adding at the end the following flush 
sentence:
                            ``The Commission shall not conclude that 
                        imports of the subject merchandise do not have 
                        a significant effect on prices merely because 
                        of the volume of imports of the subject 
                        merchandise.''.

SEC. 103. VULNERABILITY OF INDUSTRY; CUMULATION.

    (a) Vulnerability.--Section 771(7)(C)(iii) of the Tariff Act of 
1930 (19 U.S.C. 1677(7)(C)(iii)) is amended in the last sentence by 
striking the period at the end and inserting ``, including whether the 
industry is vulnerable to the effects of imports of the subject 
merchandise.''.
    (b) Cumulation.--Section 771(7)(G)(i) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)(G)(i)) is amended to read as follows:
                            ``(i) In General.--For purposes of clauses 
                        (i) and (ii) of subparagraph (C), and subject 
                        to clause (ii), the Commission shall 
                        cumulatively assess the volume and effect of 
                        imports of the subject merchandise from all 
                        countries subject to petitions filed under 
                        section 702(b) or 732(b), or subject to 
                        investigations initiated under 702(a) or 
                        732(a), if such petitions were filed, or such 
                        investigations were initiated, within 90 days 
                        before the date on which the Commission is 
                        required to make its final injury 
                        determination, and if such imports compete with 
                        each other and with the domestic like product 
                        in the United States market.''.

SEC. 104. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND INJURY.

    Section 771(7)(E)(ii) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(E)(ii)) is amended by adding at the end the following: ``The 
Commission need not determine the significance of imports of the 
subject merchandise relative to other economic factors.''.

SEC. 105. PREVENTION OF CIRCUMVENTION.

    Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 1677j(c)) is 
amended by adding at the end the following new paragraph:
            ``(3) Special rule.--The administering authority shall 
        apply paragraph (1) with respect to altered merchandise 
        excluded from the merchandise description used in an 
        outstanding order or finding, if such application is not 
        inconsistent with the affirmative determination of the 
        Commission on which the order or finding is based.''.

SEC. 106. PERISHABLE AGRICULTURAL PRODUCTS.

    (a) Definition of Industries.--Section 771(4)(A) of the Tariff Act 
of 1930 (19 U.S.C. 1677(4)(A)) is amended by adding at the end the 
following: ``If the Commission determines that an agricultural product 
has a short shelf life and is a perishable product, the Commission 
shall treat the producers of the product in a defined period or season 
as the domestic industry. If the subheading under the Harmonized Tariff 
Schedules of the United States for an agricultural product has a 6- or 
8-digit classification based on the period of time during the calendar 
year in which the product is harvested or imported, such periods of 
time constitute a defined period or season for purposes of this 
paragraph.''.
    (b) Determination of Injury.--Section 771(7)(D) of the Tariff Act 
of 1930 (19 U.S.C. 1677(7)(D)) is amended by adding at the end the 
following new clauses:
                            ``(iii) In the case of an agricultural 
                        industry involving a perishable product with a 
                        short shelf life, if a request for seasonal 
                        evaluation has been made by the petitioners, 
                        the Commission shall consider the factors in 
                        subparagraph (C) on a seasonal basis during the 
                        period identified as relevant.
                            ``(iv) In the case of agricultural 
                        products, partially picked or unpicked crops 
                        and abandoned acreage may be considered in lieu 
                        of other measures of capacity and capacity 
                        utilization.
                            ``(v) The impact of other factors, such as 
                        weather, on agricultural production and 
                        producers shall not be weighed against the 
                        contribution of the imported subject 
                        merchandise to the condition of the domestic 
                        industry.''.

SEC. 107. EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.

    Section 772(c)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1677a(c)(2)(A)) is amended by inserting after ``duties'' the following: 
``(including any antidumping duties, any countervailing duties, and 
those temporary duties that are proclaimed to provide import relief)''.

SEC. 108. DRAWBACK ADJUSTMENT IN ANTIDUMPING CASES.

    Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 
1677a(c)(1)(B)) is amended by inserting after ``United States,'' the 
following: ``but only to the extent necessary to offset import duties 
that have been paid on inputs used in the production of subject 
merchandise sold in the home market,''.

SEC. 109. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT.

    Section 732(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2)) 
is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Initiation of expedited investigation.--An 
                expedited antidumping duty investigation shall be 
                initiated with respect to a particular class or kind of 
                merchandise that is subject to an existing antidumping 
                order within 20 days of the request of an interested 
                party described in subparagraph (C), (D), (E), (F), or 
                (G) of section 771(9), if the administering authority 
                determines, from information available to it, that 
                imports of such class or kind of merchandise have 
                increased materially from an additional supplier 
                country, as defined in subparagraph (C), during a 
                period of 90 days or during a longer period as 
                determined by the administering authority to be 
                appropriate. The request shall allege and present 
                supporting information that such imports are occurring. 
                The administering authority, in making a determination 
                under this subparagraph, shall consider the public 
                record of its investigation of imports of merchandise 
                subject to the existing antidumping order.'';
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Increased materially.--The administering 
                authority shall consider imports of merchandise from an 
                additional supplier country to have increased 
                materially if such imports have increased by 15 percent 
                or more over the amount of such imports during a period 
                of comparable duration preceding initiation of the 
                antidumping investigation of imports of merchandise 
                subject to the existing antidumping order.''; and
            (3) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) Procedures and injury determinations for 
                expedited investigations.--
                            ``(i) The provisions of subsections (b)(3), 
                        (c)(4), (d), and (e) of this section, section 
                        733 (b), (d), and (e), section 734 (a), (b), 
                        (c), (d), (e), (f), (i), (k), and (l), and 
                        section 735 (a), (c), (d), and (e) shall apply 
                        to expedited investigations under this 
                        paragraph, except that the administering 
                        authority shall issue a preliminary 
                        determination within 90 days of receiving a 
                        request for an investigation under subparagraph 
                        (A).
                            ``(ii) Not later than 45 days after the 
                        date on which the request under subparagraph 
                        (A) is received by the administering authority, 
                        the Commission shall determine if there is a 
                        reasonable indication of material injury or 
                        threat of material injury as prescribed in 
                        section 733(a)(1).
                            ``(iii) If the Commission makes an 
                        affirmative determination that there is a 
                        reasonable indication of material injury and 
                        the administering authority makes an 
                        affirmative final determination, the Commission 
                        shall make a final determination as prescribed 
                        in section 735(b)(1) before the later of--
                                    ``(I) the 120th day after the day 
                                on which the administering authority 
                                makes its affirmative preliminary 
                                determination under this subparagraph, 
                                or
                                    ``(II) the 45th day after the day 
                                on which the administering authority 
                                makes its affirmative final 
                                determination under section 735(a).
                            ``(iv) The Commission shall make a 
                        determination under this subparagraph from 
                        reasonably available information (including 
                        public information on the administrative record 
                        of its investigation of imports of merchandise 
                        subject to the existing antidumping order).
                            ``(v) An affirmative final determination 
                        shall not be made unless the Commission 
                        determines pursuant to the factors described in 
                        sections 735(b)(1) and 771(7) that an industry 
                        in the United States is materially injured, or 
                        threatened with material injury, by reason of 
                        imports of the subject merchandise and that 
                        imports of the subject merchandise are not 
                        negligible.''.

SEC. 110. COUNTERVAILABLE SUBSIDY.

    (a) Definition of Countervailable Subsidy.--Section 771(5)(E) of 
the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)), as amended by this Act, 
is further amended by adding at the end the following: ``If there is a 
reasonable indication that a financial contribution by the provision of 
goods or services has distorted prices for those goods or services in 
the country that is subject to the investigation or review, or if data 
regarding such prices are otherwise unavailable, then the administering 
authority shall measure adequacy of remuneration by reference to data 
regarding prices for the same or a similar good or service from outside 
the country that is subject to the investigation or review. The 
administering authority shall adjust such data to the extent 
practicable to reflect prevailing market conditions in that country. If 
there is a reasonable indication that prices within a political 
subdivision, dependent territory, or possession of a foreign country 
are distorted, or data are not available, then the administering 
authority shall measure adequacy of remuneration in that political 
subdivision, dependent territory, or possession by reference to data 
from the most comparable area or region in which prices are not 
distorted, regardless of whether it is in the same country.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to any determination under section 705 or 751 of the Tariff Act 
of 1930 (19 U.S.C. 1671d, 1675) that is made on or after January 1, 
2002, including published determinations for which judicial or 
binational panel review has been initiated or completed pursuant to 
section 516A of that Act (19 U.S.C. 1516a). To the extent that the 
amendment made by subsection (a) may be relevant to any such 
determination that has already been made, the administering authority 
shall amend the determination and associated countervailing duty order 
to bring them into compliance with the amendment made by subsection 
(a), and shall undertake new administrative proceedings, if necessary, 
to do so.

SEC. 111. NEW SHIPPER REVIEW.

    (a) Suspension of the Availability of Bonds to New Shippers.--
Clause (iii) of section 751(a)(2)(B) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(B)(iii)) shall not be effective during the 3-year 
period beginning on the date of the enactment of this Act.
    (b) Report on the Impact of the Suspension.--Not later than 2 years 
after the date of the enactment of this Act, the Secretary of the 
Treasury, in consultation with the Secretary of Commerce, the United 
States Trade Representative, and the Secretary of Homeland Security, 
shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a report 
containing--
            (1) recommendations on whether the suspension of the 
        effectiveness of section 751(a)(2)(B)(iii) of the Tariff Act of 
        1930 should be extended beyond the date provided in subsection 
        (a) of this section; and
            (2) assessments of the effectiveness of any administrative 
        measures that have been implemented to address the difficulties 
        giving rise to the suspension under subsection (a) of this 
        section, including--
                    (A) problems in assuring the collection of 
                antidumping duties on imports from new shippers; and
                    (B) burdens imposed on legitimate trade and 
                commerce by the suspension of availability of bonds to 
                new shippers by reason of the suspension under 
                subsection (a).
    (c) Report on Collection Problems and Analysis of Proposed 
Solutions.--
            (1) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Commissioner of the Bureau of Customs and 
        Border Protection and the Secretary of Commerce, shall submit 
        to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report describing the major problems experienced in the 
        collection of duties, including fraudulent activities intended 
        to avoid payment of duties, with an estimate of the total 
        amount of uncollected duties for the previous fiscal year and a 
        breakdown across product lines describing the reasons duties 
        were uncollected.
            (2) Recommendations.--The report shall make recommendations 
        on additional actions to address remaining problems related to 
        duty collections and, for each recommendation, provide an 
        analysis of how the recommendation would address the specific 
        problem or problems cited and the impact that implementing the 
        recommendation would have on international trade and commerce 
        (including any additional costs imposed on United States 
        businesses and whether the implementation of the revision is 
        likely to violate any international trade obligations).

SEC. 112. VALUING FREIGHT FOR INPUTS IN NONMARKET ECONOMY COUNTRY 
              ANTIDUMPING CALCULATIONS.

    Section 773(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)(3)) 
is amended--
            (1) in subparagraph (C) by striking ``and'' at the end;
            (2) in subparagraph (D) by striking the period at the end 
        and inserting ``, and''; and
            (3) by adding at the end the following:
                    ``(E) transportation costs based upon the actual 
                freight distances required to transport material inputs 
                from the unaffiliated supplier or unaffiliated 
                suppliers, or from the first unaffiliated supplier 
                where the input is obtained from an affiliate, to the 
                producer or exporter of the foreign like product.''.

SEC. 113. REVOCATION OF NONMARKET ECONOMY COUNTRY STATUS.

    (a) Amendment of Definition of ``Nonmarket Economy Country''.--
Section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C. 
1877(18)(C)(i)) is amended by striking ``until revoked by the 
administering authority'' and inserting ``until revoked by a resolution 
enacted consistent with section 113 of the Trade Law Reform Act of 
2006''.
    (b) Notification by President.--Whenever the administering 
authority makes a final determination under section 771(18)(C)(i) of 
the Tariff Act of 1930 (19 U.S.C. 1877(18)(C)(i)) to revoke the 
determination that a foreign country is a nonmarket economy country, 
the President shall notify the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the Senate of that 
determination within 10 days after its publication in the Federal 
Register.
    (c) Rules of House of Representatives and Senate.--Subsections (c) 
through (i) of this section are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such they 
        are deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of approval resolutions described in 
        subsection (d) of this section; and they supersede other rules 
        only to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
    (d) Definition.--For purposes of this section, the term ``approval 
resolution'' means only a joint resolution of the two Houses of the 
Congress, the matter after the resolving clause of which is as follows: 
``That the Congress approves the change of non-market economy status 
with respect to the products of _____ transmitted by the President to 
the Congress on _____.'', the first blank space being filled in with 
the applicable country, and the second blank space being filled with 
the appropriate date.
    (e) Introduction.--When a notification submitted under subsection 
(b) is transmitted to the House of Representatives and the Senate, an 
approval resolution with respect to such agreement shall be introduced 
(by request) in the House by the majority leader of the House, for 
himself, or by Members of the House designated by the majority leader 
of the House; and shall be introduced (by request) in the Senate by the 
majority leader of the Senate, for himself, or by Members of the Senate 
designated by the majority leader of the Senate.
    (f) Amendments Prohibited.--No amendment to an approval resolution 
shall be in order in either the House of Representatives or the Senate; 
and no motion to suspend the application of this subsection shall be in 
order in either House, nor shall it be in order in either House for the 
Presiding Officer to entertain a request to suspend the application of 
this subsection by unanimous consent.
    (g) Period for Committee and Floor Consideration.--
            (1) In general.--Except as provided in paragraph (2), if 
        the committee or committees of either House to which an 
        approval resolution has been referred have not reported it at 
        the close of the 45th day after its introduction, such 
        committee or committees shall be automatically discharged from 
        further consideration of the bill or resolution and it shall be 
        placed on the appropriate calendar. A vote on final passage of 
        the bill or resolution shall be taken in each House on or 
        before the close of the 15th day after the bill or resolution 
        is reported by the committee or committees of that House to 
        which it was referred, or after such committee or committees 
        have been discharged from further consideration of the bill or 
        resolution. If prior to the passage by one House of an approval 
        resolution of that House, that House receives the same approval 
        resolution from the other House, then--
                    (A) the procedure in that House shall be the same 
                as if no or approval resolution had been received from 
                the other House, but
                    (B) the vote on final passage shall be on the 
                approval resolution of the other House.
            (2) Computation of days.--For purposes of paragraphs (1) 
        and (2), in computing a number of days in either House, there 
        shall be excluded any day on which that House is not in 
        session.
    (h) Floor Consideration in the House.--
            (1) Motion privileged.--A motion in the House of 
        Representatives to proceed to the consideration of an approval 
        resolution shall be highly privileged and not debatable. An 
        amendment to the motion shall not be in order, nor shall it be 
        in order to move to reconsider the vote by which the motion is 
        agreed to or disagreed to.
            (2) Debate limited.--Debate in the House of Representatives 
        on an approval resolution shall be limited to not more than 20 
        hours, which shall be divided equally between those favoring 
        and those opposing the bill or resolution. A motion further to 
        limit debate shall not be debatable. It shall not be in order 
        to move to recommit an approval resolution or to move to 
        reconsider the vote by which an approval resolution is agreed 
        to or disagreed to.
            (3) Motions to postpone.--Motions to postpone, made in the 
        House of Representatives with respect to the consideration of 
        an approval resolution, and motions to proceed to the 
        consideration of other business, shall be decided without 
        debate.
            (4) Appeals.--All appeals from the decisions of the Chair 
        relating to the application of the Rules of the House of 
        Representatives to the procedure relating to an approval 
        resolution shall be decided without debate.
            (5) Other rules.--Except to the extent specifically 
        provided in the preceding provisions of this subsection, 
        consideration of an approval resolution shall be governed by 
        the Rules of the House of Representatives applicable to other 
        bills and resolutions in similar circumstances.
    (i) Floor Consideration in the Senate.--
            (1) Motion privileged.--A motion in the Senate to proceed 
        to the consideration of an approval resolution shall be 
        privileged and not debatable. An amendment to the motion shall 
        not be in order, nor shall it be in order to move to reconsider 
        the vote by which the motion is agreed to or disagreed to.
            (2) Debate limited.--Debate in the Senate on an approval 
        resolution, and all debatable motions and appeals in connection 
        therewith, shall be limited to not more than 20 hours. The time 
        shall be equally divided between, and controlled by, the 
        majority leader and the minority leader or their designees.
            (3) Control of debate.--Debate in the Senate on any 
        debatable motion or appeal in connection with an implementing 
        bill or approval resolution shall be limited to not more than 1 
        hour, to be equally divided between, and controlled by, the 
        mover and the manager of the bill or resolution, except that in 
        the event the manager of the bill or resolution is in favor of 
        any such motion or appeal, the time in opposition thereto, 
        shall be controlled by the minority leader or his designee. 
        Such leaders, or either of them, may, from time under their 
        control on the passage of an or approval resolution, allot 
        additional time to any Senator during the consideration of any 
        debatable motion or appeal.
            (4) Other motions.--A motion in the Senate to further limit 
        debate is not debatable. A motion to recommit an approval 
        resolution is not in order.

SEC. 114. EFFECTIVE DATE.

    Except as otherwise specifically provided by this title, the 
amendments made by this title shall apply with respect to 
determinations made under title VII of the Tariff Act of 1930 that--
            (1) are made with respect to investigations initiated or 
        petitions filed on or after the date of the enactment of this 
        Act; or
            (2) have not become final as of such date of enactment.

                     TITLE II--SAFEGUARD AMENDMENTS

SEC. 201. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE TRADE ACT OF 1974.

    (a) Test for Positive Adjustments to Import Competition.--Section 
201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by 
striking ``be a substantial cause of serious injury, or the threat 
thereof,'' and inserting ``cause or threaten to cause serious injury''.
    (b) Investigations and Determinations.--Section 202 of such Act (19 
U.S.C. 2252) is amended--
            (1) in subsection (b)(1)(A), by striking ``be a substantial 
        cause of serious injury, or the threat thereof,'' and inserting 
        ``cause or threaten to cause serious injury'';
            (2) by amending subsection (b)(1)(B) to read as follows:
            ``(B) For purposes of this section, the term `cause' refers 
        to a cause that contributes significantly to serious injury, or 
        the threat thereof, to the domestic industry but need not be 
        equal to or greater than any other cause.'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1)(A) to read as 
                follows:
                    ``(A) with respect to serious injury--
                            ``(i) change in the level of sales, 
                        production, productivity, capacity utilization, 
                        profits and losses, and employment;
                            ``(ii) the significant idling of productive 
                        facilities in the domestic industry;
                            ``(iii) the inability of a significant 
                        number of firms to carry out domestic 
                        production operations at a reasonable level of 
                        profit; and
                            ``(iv) significant unemployment or 
                        underemployment within the domestic 
                        industry;'';
                    (B) in paragraph (1)(B)--
                            (i) in clause (iii) by striking ``; and'' 
                        and inserting ``, and''; and
                            (ii) by inserting after clause (iii) the 
                        following:
                            ``(iv) foreign production capacity, foreign 
                        inventories, the level of demand in third 
                        country markets, and the availability of other 
                        export markets to absorb any additional 
                        exports; and'';
                    (C) by amending paragraph (1)(C) to read as 
                follows:
                    ``(C) with respect to cause--
                            ``(i) the rate, amount, and timing of the 
                        increase in imports of the product concerned in 
                        absolute and relative terms, including whether 
                        there has been a substantial increase in 
                        imports over a short period of time; and
                            ``(ii) the share of the domestic market 
                        taken by increased imports.'';
                    (D) by redesignating paragraphs (3) through (6) as 
                paragraphs (5) through (8), respectively;
                    (E) by striking paragraph (2) and inserting the 
                following:
            ``(2) In making determinations under paragraph (1)(A) and 
        (B), if domestic producers internally transfer, including to 
        affiliated persons as defined in section 771(33) of the Tariff 
        Act of 1930, significant production of the article like or 
        directly competitive with the imported article for the 
        production of a downstream article and sell significant 
        production of the article like or directly competitive with the 
        imported article in the merchant market, then the Commission, 
        in determining market share and the factors affecting financial 
        performance set forth in paragraph (1)(A) and (B), shall focus 
        primarily on the merchant market for the article like or 
        directly competitive with the imported article.
            ``(3) In making determinations under subsection (b), the 
        Commission shall--
                    ``(A) consider the condition of the domestic 
                industry over the course of the relevant business 
                cycle, but may not aggregate the causes of declining 
                demand associated with a recession or economic downturn 
                in the United States economy into a single cause of 
                serious injury or threat of injury; and
                    ``(B) examine factors other than imports which may 
                cause or threaten to cause serious injury to the 
                domestic industry.
        The Commission shall include the results of its examination 
        under subparagraph (B) in the report submitted by the 
        Commission to the President under subsection (e).
            ``(4) In making determinations under subsection (b), the 
        Commission shall consider whether any change in the volume of 
        imports that has occurred since a petition under subsection (a) 
        was filed or a request under subsection (b) was made is related 
        to the pendency of the investigation, and if so, the Commission 
        may reduce the weight accorded to the data for the period after 
        the petition under subsection (a) was filed or the request 
        under subsection (b) was made in making its determination of 
        serious injury, or the threat thereof.''; and
                    (F) in paragraph (5), as so redesignated--
                            (i) by striking ``and (B)'' and inserting 
                        ``, (B), and (C)''; and
                            (ii) by striking ``be a substantial cause 
                        of serious injury, or the threat thereof,'' and 
                        inserting ``cause or threaten to cause serious 
                        injury'';
            (4) in subsection (d)--
                    (A) in paragraph (1)(A)(ii), by striking ``be, or 
                likely to be a substantial cause of serious injury, or 
                the threat thereof,'' and inserting ``cause, or be 
                likely to cause, or threaten to cause, or be likely to 
                threaten to cause, serious injury'';
                    (B) in paragraph (1)(C), in the matter following 
                clause (ii), by striking ``a substantial cause of 
                serious injury, or the threat thereof,'' and inserting 
                ``causing or threatening to cause serious injury'';
                    (C) by amending paragraph (2)(A) to read as 
                follows:
            ``(2)(A) When a petition filed under subsection (a) or a 
        request filed under subsection (b) alleges that critical 
        circumstances exist and requests that provisional relief be 
        provided under this subsection with respect to imports of the 
        article identified in the petition or request, the Commission 
        shall, not later than 45 days after the petition or request is 
        filed, determine, on the basis of available information, 
        whether--
                    ``(i) there is clear evidence that increased 
                imports (either actual or relative to domestic 
                production) of the article are causing or threatening 
                to cause serious injury to the domestic industry 
                producing an article like or directly competitive with 
                the imported article; and
                    ``(ii) delay in taking action under this chapter 
                would cause damage to that industry that would be 
                difficult to repair.
            ``In making the evaluation under clause (ii), the 
        Commission should consider, among other factors that it 
        considers relevant, the timing and volume of the imports, 
        including whether there has been a substantial increase in 
        imports over a short period of time, and any other 
        circumstances indicating that delay in taking action under this 
        chapter would cause damage to the industry that would be 
        difficult to repair.''; and
                    (D) in paragraph (2)(D), by striking ``30'' and 
                inserting ``20''.
    (c) Presidential Determinations.--
            (1) Action by president.--Section 203(a) of the Trade Act 
        of 1974 (19 U.S.C. 2253(a)) is amended--
                    (A) in paragraph (1)(A), by striking ``and provide 
                greater economic and social benefits than costs'' and 
                inserting ``and will not have an adverse impact on the 
                United States clearly greater than the benefits of such 
                action'';
                    (B) in paragraph (2)(F), by striking 
                ``compensation;'' at the end of clause (iii) and 
                inserting the following: ``compensation, except that 
                the President shall give substantially greater weight 
                to the factors set out in clause (i) than to those set 
                out in clauses (ii) and (iii);''; and
                    (C) by amending paragraph (2)(I) to read as 
                follows:
                    ``(I) the potential for harm to the national 
                security of the United States; and''.
            (2) Implementation of action recommended by commission.--
        (A) Section 203(c) of the Trade Act of 1974 (19 U.S.C. 2253(c)) 
        is amended by striking ``90'' and inserting ``60''.
            (B) Section 152(c)(1) of the Trade Act of 1974 (19 U.S.C. 
        2192(c)(1)) is amended by striking ``not counting any day which 
        is excluded under section 154(b),'' and inserting ``counting 
        all calendar days in the case of a resolution described in 
        subsection (a)(1)(A), and not counting any day which is 
        excluded under section 154(b) in the case of a resolution 
        described in subsection (a)(1)(B),''.
    (d) Conforming Amendments.--
            (1) Section 203(e)(6)(B) of the Trade Act of 1974 (19 
        U.S.C. 2253(e)(6)(B)) is amended by striking ``substantially''.
            (2) Section 264(c) of the Trade Act of 1974 (19 U.S.C. 
        2354(c)) is amended by striking ``a substantial cause of 
        serious injury or threat thereof'' and inserting ``causing or 
        threatening to cause serious injury''.
            (3) Section 154(b) of the Trade Act of 1974 (19 U.S.C. 
        2194(b)) is amended by striking the matter that precedes 
        paragraph (1) and inserting the following:
    ``(b) The 60-day period referred to in section 203(c) and the 90-
day period referred to in section 407(c)(2) shall be computed by 
excluding--''.

              TITLE III--INTERNATIONAL TRADE NEGOTIATIONS

SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE REMEDY LAWS.

    Section 2102(b)(14) of the Trade Act of 2002 (19 U.S.C. 3801(b)) is 
amended by adding at the end the following flush sentence:
            ``In order to carry out subparagraph (A), the United States 
        Trade Representative should refuse to agree to any proposal, 
        whether in the context of a trade agreement entered into under 
        the auspices of the World Trade Organization, or a free trade 
        agreement with another country or group of countries, that 
        would, either individually or in combination with other 
        proposals, weaken existing United States trade remedy laws 
        contained in title VII of the Tariff Act of 1930 or chapter 1 
        of title II of the Trade Act of 1974, including any proposal 
        that would make obtaining relief under these provisions more 
        difficult, uncertain, or costly for domestic industries to 
        achieve or maintain over time.''.

SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING TRADE AGREEMENTS.

    Section 2104(d)(3)(A) of the Trade Act of 2002 (19 U.S.C. 
3804(d)(3)(A)) is amended--
            (1) in clause (i), by striking ``and'' after the semicolon;
            (2) in clause (ii), by striking the period and inserting a 
        semicolon; and
            (3) by adding after clause (ii) the following:
                            ``(iii) with respect to each specific 
                        proposal that could require amendments to title 
                        VII of the Tariff Act of 1930 or chapter 1 of 
                        title II of the Trade Act of 1974, whether and 
                        to what extent the proposal would, either 
                        individually or in combination with other 
                        proposals, make obtaining relief under these 
                        provisions more difficult, uncertain, or costly 
                        for domestic industries to achieve or maintain 
                        over time; and
                            ``(iv) for each specific proposal that the 
                        President reports would not (whether 
                        individually or in combination with other 
                        proposals) make obtaining relief under title 
                        VII of the Tariff Act of 1930 or chapter 1 of 
                        title II of the Trade Act of 1974 more 
                        difficult, uncertain, or costly for domestic 
                        industries to achieve or maintain over time, a 
                        detailed explanation providing the basis for 
                        this conclusion.''.

SEC. 303. EFFECTIVE DATE.

    The amendments made by this title take effect on the date of the 
enactment of this Act.

 TITLE IV--CONGRESSIONAL ADVISORY COMMISSION ON WTO DISPUTE SETTLEMENT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Congressional Advisory Commission 
on WTO Dispute Settlement Act''.

SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States joined the World Trade Organization 
        as an original member with the goal of creating an improved 
        global trading system and providing expanded economic 
        opportunities for United States firms and workers.
            (2) The dispute settlement rules of the WTO were created to 
        enhance the likelihood that governments will observe their WTO 
        obligations.
            (3) These dispute settlement rules help ensure that the 
        United States can reap the full benefits of its participation 
        in the WTO.
            (4) Successful operation of the WTO dispute settlement 
        system was critical to congressional approval of the Uruguay 
        Round Agreements and is critical to continued support by the 
        United States for the WTO. In particular, it is imperative that 
        dispute settlement panels and the Appellate Body--
                    (A) operate with fairness and in an impartial 
                manner;
                    (B) strictly observe the terms of reference and any 
                applicable standard of review set forth in the Uruguay 
                Round Agreements; and
                    (C) not add to the obligations, or diminish the 
                rights, of WTO members under the Uruguay Round 
                Agreements in violation of Articles 3.2 and 19.2 of the 
                Dispute Settlement Understanding.
            (5) An increasing number of reports by dispute settlement 
        panels and the Appellate Body have raised serious concerns 
        within the Congress about the ability of the WTO dispute 
        settlement system to operate in accordance with paragraph (4).
            (6) In particular, several reports of dispute settlement 
        panels and the Appellate Body have added to the obligations and 
        diminished the rights of WTO members, particularly under the 
        Agreement on Implementation of Article VI of the General 
        Agreement on Tariffs and Trade 1994, the Agreement on Subsidies 
        and Countervailing Measures, and the Agreement on Safeguards.
            (7) In order to come into compliance with reports of 
        dispute settlement panels and the Appellate Body that have been 
        adopted by the Dispute Settlement Body, the Congress may need 
        to amend or repeal statutes of the United States. In such 
        cases, the Congress must have a high degree of confidence that 
        the reports are in accordance with paragraph (4).
            (8) The Congress needs impartial, objective, and juridical 
        advice to determine the appropriate response to reports of 
        dispute settlement panels and the Appellate Body.
            (9) The United States remains committed to the 
        multilateral, rules-based trading system.
    (b) Purpose.--It is the purpose of this title to provide for the 
establishment of the Congressional Advisory Commission on WTO Dispute 
Settlement to provide objective and impartial advice to the Congress on 
the operation of the dispute settlement system of the World Trade 
Organization.

SEC. 403. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Congressional Advisory Commission on WTO Dispute Settlement (in 
this title referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 5 
        members, all of whom shall be judges or former judges of the 
        Federal judicial circuits and shall be appointed by the Speaker 
        of the House of Representatives and the President pro tempore 
        of the Senate after considering the recommendations of the 
        Chairman and ranking member of the Committee on Finance of the 
        Senate and the Chairman and ranking member of the Committee on 
        Ways and Means of the House of Representatives. Commissioners 
        shall be chosen without regard to political affiliation and 
        solely on the basis of each Commissioner's fitness to perform 
        the duties of a Commissioner.
            (2) Date.--The appointments of the initial members of the 
        Commission shall be made not later than 90 days after the date 
        of the enactment of this Act.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Members of the Commission shall each be 
        appointed for a term of 5 years, except that of the members 
        first appointed, 3 members shall be appointed for terms of 3 
        years.
            (2) 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 was made 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) 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.
    (e) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among its members.
    (h) Funding.--Members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence at rates authorized 
for employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.

SEC. 404. DUTIES OF THE COMMISSION.

    (a) Advising Congress on the Operation of the WTO Dispute 
Settlement System.--
            (1) In general.--The Commission shall review--
                    (A) all adverse reports of dispute settlement 
                panels and the Appellate Body which are--
                            (i) adopted by the Dispute Settlement Body; 
                        and
                            (ii) the result of a proceeding initiated 
                        against the United States by a WTO member; and
                    (B) upon the request of the Committee on Ways and 
                Means of the House of Representatives or the Committee 
                on Finance of the Senate--
                            (i) any adverse report of a dispute 
                        settlement panel or the Appellate Body--
                                    (I) which is adopted by the Dispute 
                                Settlement Body; and
                                    (II) in which the United States is 
                                a complaining party; or
                            (ii) any other finding which is contained 
                        in a report of a dispute settlement panel or 
                        the Appellate Body that is adopted by the 
                        Dispute Settlement Body.
            (2) Scope of review.--The Commission shall advise the 
        Congress in connection with each adverse finding or other 
        finding under paragraph (1) (B) only whether--
                    (A) the dispute settlement panel or the Appellate 
                Body, as the case may be--
                            (i) exceeded its authority or its terms of 
                        reference;
                            (ii) added to the obligations, or 
                        diminished the rights, of the United States 
                        under the Uruguay Round Agreement which is the 
                        subject of the finding;
                            (iii) 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
                            (iv) 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; and
                    (B) the finding is consistent with the original 
                understanding by the United States of the Uruguay Round 
                Agreement that is the subject of the finding as 
                explained in the statement of administrative action 
                approved under section 101(a) of the Uruguay Round 
                Agreements Act (19 U.S.C. 3511(a)).
            (3) No deference.--Applying the standards set forth in 
        paragraph (2) does not require deference to findings of law 
        made by the dispute settlement panel or the Appellate Body, as 
        the case may be.
    (b) Determination; Report.--
            (1) Determination.--
                    (A) In general.--Not later than 150 days after the 
                date on which the Commission receives notice of a 
                report or request under section 405(b), the Commission 
                shall make a written determination with respect to the 
                matters described in paragraph (2) of subsection (a), 
                including a full analysis of the basis for its 
                determination. A vote by a majority of the members of 
                the Commission shall constitute a determination of the 
                Commission, although the members need not agree on the 
                basis for their vote.
                    (B) Dissenting or concurring opinions.--Any member 
                of the Commission who disagrees with a determination of 
                the Commission or who concurs in such a determination 
                on a basis different from that of the Commission or 
                other members of the Commission, may write an opinion 
                expressing such disagreement or concurrence, as the 
                case may be.
            (2) Report.--The Commission shall promptly report the 
        determinations described in paragraph (1)(A) to the Committee 
        on Ways and Means of the House of Representatives and the 
        Committee on Finance of the Senate. The Commission shall 
        include with the report any opinions written under paragraph 
        (1)(B) with respect to the determination.
    (c) Availability to the Public.--Each report of the Commission 
under subsection (b)(2), together with the opinions included with the 
report, shall be made available to the public.

SEC. 405. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold a public hearing to solicit 
views concerning a report of a dispute settlement panel or the 
Appellate Body described in section 404(a)(1), if the Commission 
considers such hearing to be necessary to carry out the purpose of this 
title. The Commission shall provide reasonable notice of a hearing held 
pursuant to this subsection.
    (b) Information From Interested Parties and Federal Agencies.--
            (1) Notice to commission.--
                    (A) Under section 404(a)(1)(A).--The Trade 
                Representative shall advise the Commission not later 
                than 5 business days after the date the Dispute 
                Settlement Body adopts a report of a panel or the 
                Appellate Body that is to be reviewed by the Commission 
                under section 404(a)(1)(A).
                    (B) Under section 404(a)(1)(B).--The Committee on 
                Ways and Means or the Committee on Finance, as the case 
                may be, may make and notify the Commission of a request 
                under section 404(a)(1)(B) not later than 1 year after 
                the Dispute Settlement Body adopts the report that is 
                the subject of the request.
                    (C) Reports adopted prior to appointment of 
                commission.--With respect to any report to which 
                section 404(a)(1)(B) applies and that is adopted before 
                the date on which the first members of the Commission 
                are appointed under section 403(b)(2), the Committee on 
                Ways and Means or the Committee on Finance, as the case 
                may be, may make and notify the Commission of a request 
                under section 404(a)(1)(B) with respect to that report 
                not later than 1 year after the date on which the first 
                members of the Commission are appointed under section 
                403(b)(2).
            (2) Submissions and requests for information.--
                    (A) In general.--The Commission shall promptly 
                publish in the Federal Register notice of the notice 
                received under paragraph (1) from the Trade 
                Representative, the Committee on Ways and Means, or the 
                Committee on Finance, as the case may be, along with 
                notice of an opportunity for interested parties to 
                submit written comments to the Commission. The 
                Commission shall make comments submitted pursuant to 
                the preceding sentence available to the public.
                    (B) Information from federal agencies and 
                departments.--The Commission may also secure directly 
                from any Federal department or agency such information 
                as the Commission considers necessary to carry out the 
                provisions of this title. Upon the request of the 
                chairperson of the Commission, the head of such 
                department or agency shall furnish the information 
                requested to the Commission in a timely manner.
            (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 a report of a panel or 
                the Appellate Body described in section 404(a)(1), 
                including any information contained in such submissions 
                identified by the provider of the information as 
                proprietary information or information designated 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 or the 
                disclosure of which would otherwise violate the rules 
                of the WTO.
    (c) Assistance From Federal Agencies; Confidentiality.--
            (1) 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.
            (2) 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. 406. REPORT BY UNITED STATES TRADE REPRESENTATIVE.

    (a) In General.--Not later than 90 days after the third instance in 
which the Commission, under section 402(a)(2), advises Congress in the 
affirmative with respect to one or more actions specified in section 
402(a)(2)(A), the United States Trade Representative shall submit to 
the congressional committees specified in subsection (c) a report 
detailing a course of action for reforming the WTO dispute settlement 
process so as to ensure that dispute settlement panels and the 
Appellate Body do not take actions specified in section 402(a)(2)(A).
    (b) Follow-up Reports.--Once the United States Trade Representative 
submits to the congressional committees a report under subsection (a), 
the United States Trade Representative shall thereafter submit to those 
committees, not less frequently than once every six months, a report 
detailing the progress made with respect to reforming the WTO dispute 
settlement process (as described in subsection (a)).
    (c) Specified Committees.--The committees referred to in subsection 
(a) are the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate.

SEC. 407. DEFINITIONS.

    In this title:
            (1) Adverse finding.--The term ``adverse finding'' means--
                    (A) in a proceeding of a panel or the Appellate 
                Body that is 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 proceeding of a panel or the Appellate 
                Body 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.--The term ``Appellate Body'' means the 
        Appellate Body established by the Dispute Settlement Body 
        pursuant to Article 17.1 of the Dispute Settlement 
        Understanding.
            (3) Dispute settlement body.--The term ``Dispute Settlement 
        Body'' means the Dispute Settlement Body established pursuant 
        to the Dispute Settlement Understanding.
            (4) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (5) 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 (19 
        U.S.C. 3511(d)(16)).
            (6) Terms of reference.--The term ``terms of reference'' 
        has the meaning given such term in the Dispute Settlement 
        Understanding.
            (7) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.
            (8) Uruguay round agreement.--The term ``Uruguay Round 
        Agreement'' means any of the Agreements described in section 
        101(d) of the Uruguay Round Agreements Act.
            (9) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien admitted 
                for permanent residence into the United States; and
                    (B) a corporation, partnership, or other legal 
                entity organized under the laws of the United States or 
                of any State, the District of Columbia, or any 
                commonwealth, territory, or possession of the United 
                States.
            (10) World trade organization; wto.--The terms ``World 
        Trade Organization'' and ``WTO'' mean the organization 
        established pursuant to the WTO Agreement.
            (11) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
            (12) WTO member.--The term ``WTO member'' has the meaning 
        given that term in section 2(10) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3501(10)).

SEC. 408. EFFECTIVE DATE.

    This title shall take effect on the date of the enactment of this 
Act.

             TITLE V--STEEL IMPORT LICENSING AND MONITORING

SEC. 501. MAINTENANCE AND EXPANSION OF STEEL IMPORT LICENSING AND 
              MONITORING PROGRAM.

    (a) Maintenance of Program.--The steel import licensing and 
monitoring program established by the Secretary of the Treasury and the 
Secretary of Commerce pursuant to the Memorandum signed by the 
President on March 5, 2002 (67 Fed. Reg. 10593 through 10597) (pursuant 
to the authority of the President under section 203(g) of the Trade Act 
of 1974), shall, notwithstanding any other action taken by the 
President under section 203 of the Trade Act of 1974 concerning the 
steel products described in the Memorandum, remain in effect and be 
established by the Secretary of Commerce as a permanent program.
    (b) Expansion of Program.--
            (1) In general.--In carrying out the program in accordance 
        with subsection (a), the Secretary of the Treasury and the 
        Secretary of Commerce shall expand the program to include all 
        iron and steel, and all articles of iron or steel, described in 
        paragraph (2). The import and licensing data made available to 
        the public as part of this program shall be released based upon 
        classifications at the tenth digit level of the Harmonized 
        Tariff Schedule of the United States.
            (2) Iron and steel described.--The iron and steel, and 
        articles of iron or steel, referred to in subparagraph (A) are 
        the iron and steel, and articles of iron or steel, contained in 
        the following headings and subheadings of the Harmonized Tariff 
        Schedule of the United States:
                    (A) Each of the headings 7206 through 7229 
                (relating to mill products).
                    (B) Each of the headings 7301 through 7307 
                (relating to rails, structurals, pipe and tubes, and 
                fittings and flanges).
                    (C) Heading 7308 (relating to fabricated 
                structurals).
                    (D) Subheading 7310.10.00 (relating to barrels and 
                drums).
                    (E) Heading 7312 (relating to strand and rope).
                    (F) Heading 7313.00.00 (relating to barbed and 
                fence wire).
                    (G) Headings 7314, 7315, and 7317.00 (relating to 
                fabricated wire).
                    (H) Heading 7318 (relating to industrial 
                fasteners).
                    (I) Heading 7326 (relating to fence posts).
    (c) Additional Authority.--The Secretary of the Treasury and the 
Secretary of Commerce are hereby authorized and directed to take such 
actions as are necessary--
            (1) to maintain the program described in subsection (a) in 
        accordance with such subsection; and
            (2) to expand, as necessary and appropriate, such program 
        in accordance with subsection (b).

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. CONSTRUCTION.

    The amendments made by this Act shall not be construed to create 
any inference with respect to the interpretation of the provisions of 
law amended by this Act as such provisions were in effect before the 
enactment of this Act.

SEC. 602. APPLICATION TO GOODS FROM CANADA AND MEXICO.

    Pursuant to section 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 to 
goods from Canada and Mexico.

SEC. 603. 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 Panel Process.--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 
        WTO panel concerned or to the other member countries involved;
            (2) include, if appropriate, such person or its appropriate 
        representative as an advisory member of the delegation in 
        sessions of the dispute settlement panel;
            (3) allow such special delegation member, if such member 
        would bring special knowledge to the proceeding, to appear 
        before the panel, directly or through counsel, under the 
        supervision of responsible United States Government officials; 
        and
            (4) in proceedings involving confidential information, 
        allow the appearance of such person only through counsel as a 
        member of the special delegation.
    (d) Definitions.--In this section:
            (1) Appellate body.--The term ``Appellate Body'' means the 
        Appellate Body established under Article 17.1 of the Dispute 
        Settlement Understanding.
            (2) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (3) 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.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien admitted 
                for permanent residence into the United States; and
                    (B) a corporation, partnership, or other legal 
                entity organized under the laws of the United States or 
                of any State, the District of Columbia, or any 
                commonwealth, territory, or possession of the United 
                States.
            (5) WTO.--The term ``WTO'' means the organization 
        established pursuant to the WTO Agreement.
            (6) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
                                 <all>