WTO Dispute Settlement Review Commission Act

s Described.--
            (1) In general.--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 authorizes and directs the United States Trade 
        Representative to undertake negotiations to amend or modify the 
        rules and procedures of the Understanding on Rules and 
        Procedures Governing the Settlement of Disputes relating to 
        ____ with respect to the affirmative determination submitted to 
        the Congress by the WTO Dispute Settlement Review Commission on 
        ____'', the first blank space being filled with the specific 
        rules and procedures with respect to which the Trade 
        Representative is to undertake negotiations and the second 
        blank space being filled with the date of the affirmative 
        determination submitted to the Congress by the Commission 
        pursuant to section 4(b) which has given rise to the joint 
        resolution.
            (2) Withdrawal resolution.--For purposes of subsection 
        (a)(2), 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 authorizes and directs the 
        United States Trade Representative to undertake negotiations to 
        amend or modify the rules and procedures of the Understanding 
        on Rules and Procedures Governing the Settlement of Disputes 
        relating to ____ with respect to the affirmative report 
        submitted to the Congress by the WTO Dispute Settlement Review 
        Commission on ____ and if such negotiations do not result in a 
        solution that the Trade Representative, by ____, certifies to 
        the Congress is satisfactory, the Congress withdraws its 
        approval, provided under section 101(a) of the Uruguay Round 
        Agreements Act, of the WTO Agreement as defined in section 2(9) 
        of that Act'', the first blank space being filled with the 
        specific rules and procedures with respect to which the Trade 
        Representative is to undertake negotiations, the second blank 
        space being filled with the date of the affirmative 
        determination submitted to the Congress by the Commission 
        pursuant to section 4(b) which has given rise to the joint 
        resolution, and the third blank space being filled with the 
        date the Congress withdraws its approval of the WTO Agreement.
    (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--
                    (A) in the case of a joint resolution described in 
                subsection (b)(1), the Congress adopts and transmits 
                the joint resolution to the President before the end of 
                the 90-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 an affirmative 
                determination from the Commission described in section 
                4(b), or
                    (B) in the case of a joint resolution described in 
                subsection (b)(2), the Commission has made 3 
                affirmative determinations described in section 4(b) 
                during a 5-year period, and the Congress adopts and 
                transmits the joint resolution to the President before 
                the end of the 90-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 third such affirmative determination.
            (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 later of the last day of the 90-day 
        period referred to in subparagraph (A) or (B) of paragraph (1), 
        whichever is applicable, or the last day of the 15-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 after the 
                date on which the Commission transmits to the Congress 
                an affirmative determination described in section 4(b), 
                and before the end of the 90-day period referred to in 
                subparagraph (A) or (B) of paragraph (1), as the case 
                may be.
                    (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 
                joint resolutions 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. 7. 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, where 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, where 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 appearance of such person only through counsel as a 
        member of the special delegation.

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1) Appellate body.--The term ``Appellate Body'' means the 
        Appellate Body established under Article 17.1 of the Dispute 
        Settlement Understanding.
            (2) Adverse to the united states.--The term ``adverse to 
        the United States'' includes any report which holds any law, 
        regulation, or application thereof by a government agency to be 
        inconsistent with international obligations under a Uruguay 
        Round Agreement (or a nullification or impairment thereof), 
        whether or not there are other elements of the decision which 
        favor arguments made by the United States.
            (3) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (4) Dispute settlement body.--The term ``Dispute Settlement 
        Body'' means the Dispute Settlement Body administering the 
        rules and procedures set forth in 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.
            (6) Uruguay round agreement.--The term ``Uruguay Round 
        Agreement'' means any of the agreements described in section 
        101(d) of the Uruguay Round Agreements Act.
            (7) World trade organization; wto.--The terms ``World Trade 
        Organization'' and ``WTO'' mean the organization established 
        pursuant to the WTO Agreement.
            (8) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
                                 
HR 1434 IH----2

Summary: WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other WTO parties which are adverse to the United States and which are adopted by the Dispute Settlement Body. Requires the Commission to determine whether the panel or the Appellate Body: (1) exceeded its authority. (2) added to the obligations of or diminished the rights of the United States. (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures. And (4) deviated, in its report, from the applicable standard of review. Requires the Commission, upon an affirmative determination on one or more of these questions, to further determine whether the action of the panel or the Appellate Body materially affected the outcome of its report. Requires the United States Trade Representative, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to any affirmative determinations submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending US participation in the WTO, if such negotiations do not result in a satisfactory solution. Sets forth provisions governing the participation in WTO panel proceedings of private US persons supportive of the US Government position at issue.