I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trade Law Reform Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 

1930 


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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. 


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1 TITLE I—AMENDMENTS TO 

2 TITLE VII OF THE TARIFF ACT 

3 OF 1930 

4 SEC. 101. CAPTIVE PRODUCTION. 

5 Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 

6 U.S.C. 1677(7)(C)(iv)) is amended to read as follows: 

7 ‘‘(iv) CAPTIVE PRODUCTION.—If do8 mestic producers transfer internally, in9 cluding to affiliated persons as defined in 

10 paragraph (33), significant production of 

11 the domestic like product for the produc12 tion of a downstream article and sell sig13 nificant production of the domestic like 

14 product in the merchant market, then the 

15 Commission, in determining market share 

16 and the factors affecting financial perform17 ance set forth in clause (iii), shall focus 

18 primarily on the merchant market for the 

19 domestic like product.’’. 

20 SEC. 102. PRICE. 

21 Section 771(7)(C)(ii) of the Tariff Act of 1930 (19 

22 U.S.C. 1677(7)(C)(ii)) is amended by adding at the end 

23 the following flush sentence: 

24 ‘‘The Commission shall not conclude 

25 that imports of the subject merchandise do 


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1 not have a significant effect on prices 

2 merely because of the volume of imports of 

3 the subject merchandise.’’. 

4 SEC. 103. VULNERABILITY OF INDUSTRY; CUMULATION. 

5 (a) VULNERABILITY.—Section 771(7)(C)(iii) of the 

6 Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended 

7 in the last sentence by striking the period at the end and 

8 inserting ‘‘, including whether the industry is vulnerable 

9 to the effects of imports of the subject merchandise.’’. 

10 (b) CUMULATION.—Section 771(7)(G)(i) of the Tar11 iff Act of 1930 (19 U.S.C. 1677(7)(G)(i)) is amended to 

12 read as follows: 

13 ‘‘(i) IN GENERAL.—For purposes of 

14 clauses (i) and (ii) of subparagraph (C), 

15 and subject to clause (ii), the Commission 

16 shall cumulatively assess the volume and 

17 effect of imports of the subject merchan18 dise from all countries subject to petitions 

19 filed under section 702(b) or 732(b), or 

20 subject to investigations initiated under 

21 702(a) or 732(a), if such petitions were 

22 filed, or such investigations were initiated, 

23 within 90 days before the date on which 

24 the Commission is required to make its 

25 final injury determination, and if such imVerDate Aug 31 2005 23:54 Jun 08, 2006 Jkt 049196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5529.IH H5529

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1 ports compete with each other and with 

2 the domestic like product in the United 

3 States market.’’. 

4 SEC. 104. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND 

5 INJURY. 

6 Section 771(7)(E)(ii) of the Tariff Act of 1930 (19 

7 U.S.C. 1677(7)(E)(ii)) is amended by adding at the end 

8 the following: ‘‘The Commission need not determine the 

9 significance of imports of the subject merchandise relative 

10 to other economic factors.’’. 

11 SEC. 105. PREVENTION OF CIRCUMVENTION. 

12 Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 

13 1677j(c)) is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(3) SPECIAL RULE.—The administering au16 thority shall apply paragraph (1) with respect to al17 tered merchandise excluded from the merchandise 

18 description used in an outstanding order or finding, 

19 if such application is not inconsistent with the af20 firmative determination of the Commission on which 

21 the order or finding is based.’’. 

22 SEC. 106. PERISHABLE AGRICULTURAL PRODUCTS. 

23 (a) DEFINITION OF INDUSTRIES.—Section 771(4)(A) 

24 of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is 

25 amended by adding at the end the following: ‘‘If the ComVerDate Aug 31 2005 23:54 Jun 08, 2006 Jkt 049196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5529.IH H5529

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1 mission determines that an agricultural product has a 

2 short shelf life and is a perishable product, the Commis3 sion shall treat the producers of the product in a defined 

4 period or season as the domestic industry. If the sub5 heading under the Harmonized Tariff Schedules of the 

6 United States for an agricultural product has a 6- or 8- 

7 digit classification based on the period of time during the 

8 calendar year in which the product is harvested or im9 ported, such periods of time constitute a defined period 

10 or season for purposes of this paragraph.’’. 

11 (b) DETERMINATION OF INJURY.—Section 

12 771(7)(D) of the Tariff Act of 1930 (19 U.S.C. 

13 1677(7)(D)) is amended by adding at the end the fol14 lowing new clauses: 

15 ‘‘(iii) In the case of an agricultural in16 dustry involving a perishable product with 

17 a short shelf life, if a request for seasonal 

18 evaluation has been made by the peti19 tioners, the Commission shall consider the 

20 factors in subparagraph (C) on a seasonal 

21 basis during the period identified as rel22 evant. 

23 ‘‘(iv) In the case of agricultural prod24 ucts, partially picked or unpicked crops 

25 and abandoned acreage may be considered 


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1 in lieu of other measures of capacity and 

2 capacity utilization. 

3 ‘‘(v) The impact of other factors, such 

4 as weather, on agricultural production and 

5 producers shall not be weighed against the 

6 contribution of the imported subject mer7 chandise to the condition of the domestic 

8 industry.’’. 

9 SEC. 107. EXPORT PRICE AND CONSTRUCTED EXPORT 

10 PRICE. 

11 Section 772(c)(2)(A) of the Tariff Act of 1930 (19 

12 U.S.C. 1677a(c)(2)(A)) is amended by inserting after ‘‘du13 ties’’ the following: ‘‘(including any antidumping duties, 

14 any countervailing duties, and those temporary duties that 

15 are proclaimed to provide import relief)’’. 

16 SEC. 108. DRAWBACK ADJUSTMENT IN ANTIDUMPING 

17 CASES. 

18 Section 772(c)(1)(B) of the Tariff Act of 1930 (19 

19 U.S.C. 1677a(c)(1)(B)) is amended by inserting after 

20 ‘‘United States,’’ the following: ‘‘but only to the extent 

21 necessary to offset import duties that have been paid on 

22 inputs used in the production of subject merchandise sold 

23 in the home market,’’. 


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1 SEC. 109. EXPEDITED REMEDY WHERE PERSISTENT DUMP2 ING IS PRESENT. 

3 Section 732(a)(2) of the Tariff Act of 1930 (19 

4 U.S.C. 1673a(a)(2)) is amended— 

5 (1) by striking subparagraph (A) and inserting 

6 the following: 

7 ‘‘(A) INITIATION OF EXPEDITED INVES8 TIGATION.—An expedited antidumping duty in9 vestigation shall be initiated with respect to a 

10 particular class or kind of merchandise that is 

11 subject to an existing antidumping order within 

12 20 days of the request of an interested party 

13 described in subparagraph (C), (D), (E), (F), 

14 or (G) of section 771(9), if the administering 

15 authority determines, from information avail16 able to it, that imports of such class or kind of 

17 merchandise have increased materially from an 

18 additional supplier country, as defined in sub19 paragraph (C), during a period of 90 days or 

20 during a longer period as determined by the ad21 ministering authority to be appropriate. The re22 quest shall allege and present supporting infor23 mation that such imports are occurring. The 

24 administering authority, in making a deter25 mination under this subparagraph, shall con26 sider the public record of its investigation of 


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1 imports of merchandise subject to the existing 

2 antidumping order.’’; 

3 (2) by striking subparagraph (B) and inserting 

4 the following: 

5 ‘‘(B) INCREASED MATERIALLY.—The ad6 ministering authority shall consider imports of 

7 merchandise from an additional supplier coun8 try to have increased materially if such imports 

9 have increased by 15 percent or more over the 

10 amount of such imports during a period of com11 parable duration preceding initiation of the 

12 antidumping investigation of imports of mer13 chandise subject to the existing antidumping 

14 order.’’; and 

15 (3) by striking subparagraph (D) and inserting 

16 the following: 

17 ‘‘(D) PROCEDURES AND INJURY DETER18 MINATIONS FOR EXPEDITED INVESTIGA19 TIONS.— 

20 ‘‘(i) The provisions of subsections 

21 (b)(3), (c)(4), (d), and (e) of this section, 

22 section 733 (b), (d), and (e), section 734 

23 (a), (b), (c), (d), (e), (f), (i), (k), and (l), 

24 and section 735 (a), (c), (d), and (e) shall 

25 apply to expedited investigations under this 


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1 paragraph, except that the administering 

2 authority shall issue a preliminary deter3 mination within 90 days of receiving a re4 quest for an investigation under subpara5 graph (A). 

6 ‘‘(ii) Not later than 45 days after the 

7 date on which the request under subpara8 graph (A) is received by the administering 

9 authority, the Commission shall determine 

10 if there is a reasonable indication of mate11 rial injury or threat of material injury as 

12 prescribed in section 733(a)(1). 

13 ‘‘(iii) If the Commission makes an af14 firmative determination that there is a rea15 sonable indication of material injury and 

16 the administering authority makes an af17 firmative final determination, the Commis18 sion shall make a final determination as 

19 prescribed in section 735(b)(1) before the 

20 later of— 

21 ‘‘(I) the 120th day after the day 

22 on which the administering authority 

23 makes its affirmative preliminary de24 termination under this subparagraph, 

25 or 


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1 ‘‘(II) the 45th day after the day 

2 on which the administering authority 

3 makes its affirmative final determina4 tion under section 735(a). 

5 ‘‘(iv) The Commission shall make a 

6 determination under this subparagraph 

7 from reasonably available information (in8 cluding public information on the adminis9 trative record of its investigation of im10 ports of merchandise subject to the exist11 ing antidumping order). 

12 ‘‘(v) An affirmative final determina13 tion shall not be made unless the Commis14 sion determines pursuant to the factors de15 scribed in sections 735(b)(1) and 771(7) 

16 that an industry in the United States is 

17 materially injured, or threatened with ma18 terial injury, by reason of imports of the 

19 subject merchandise and that imports of 

20 the subject merchandise are not neg21 ligible.’’. 

22 SEC. 110. COUNTERVAILABLE SUBSIDY. 

23 (a) DEFINITION OF COUNTERVAILABLE SUBSIDY.— 

24 Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 

25 1677(5)(E)), as amended by this Act, is further amended 


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1 by adding at the end the following: ‘‘If there is a reason2 able indication that a financial contribution by the provi3 sion of goods or services has distorted prices for those 

4 goods or services in the country that is subject to the in5 vestigation or review, or if data regarding such prices are 

6 otherwise unavailable, then the administering authority 

7 shall measure adequacy of remuneration by reference to 

8 data regarding prices for the same or a similar good or 

9 service from outside the country that is subject to the in10 vestigation or review. The administering authority shall 

11 adjust such data to the extent practicable to reflect pre12 vailing market conditions in that country. If there is a rea13 sonable indication that prices within a political subdivi14 sion, dependent territory, or possession of a foreign coun15 try are distorted, or data are not available, then the ad16 ministering authority shall measure adequacy of remu17 neration in that political subdivision, dependent territory, 

18 or possession by reference to data from the most com19 parable area or region in which prices are not distorted, 

20 regardless of whether it is in the same country.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply to any determination under sec23 tion 705 or 751 of the Tariff Act of 1930 (19 U.S.C. 

24 1671d, 1675) that is made on or after January 1, 2002, 

25 including published determinations for which judicial or 


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1 binational panel review has been initiated or completed 

2 pursuant to section 516A of that Act (19 U.S.C. 1516a). 

3 To the extent that the amendment made by subsection (a) 

4 may be relevant to any such determination that has al5 ready been made, the administering authority shall amend 

6 the determination and associated countervailing duty 

7 order to bring them into compliance with the amendment 

8 made by subsection (a), and shall undertake new adminis9 trative proceedings, if necessary, to do so. 

10 SEC. 111. NEW SHIPPER REVIEW. 

11 (a) SUSPENSION OF THE AVAILABILITY OF BONDS

12 TO NEW SHIPPERS.—Clause (iii) of section 751(a)(2)(B) 

13 of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)(iii)) 

14 shall not be effective during the 3-year period beginning 

15 on the date of the enactment of this Act. 

16 (b) REPORT ON THE IMPACT OF THE SUSPENSION.— 

17 Not later than 2 years after the date of the enactment 

18 of this Act, the Secretary of the Treasury, in consultation 

19 with the Secretary of Commerce, the United States Trade 

20 Representative, and the Secretary of Homeland Security, 

21 shall submit to the Committee on Finance of the Senate 

22 and the Committee on Ways and Means of the House of 

23 Representatives a report containing— 

24 (1) recommendations on whether the suspension 

25 of the effectiveness of section 751(a)(2)(B)(iii) of 


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1 the Tariff Act of 1930 should be extended beyond 

2 the date provided in subsection (a) of this section; 

3 and 

4 (2) assessments of the effectiveness of any ad5 ministrative measures that have been implemented 

6 to address the difficulties giving rise to the suspen7 sion under subsection (a) of this section, including— 

8 (A) problems in assuring the collection of 

9 antidumping duties on imports from new ship10 pers; and 

11 (B) burdens imposed on legitimate trade 

12 and commerce by the suspension of availability 

13 of bonds to new shippers by reason of the sus14 pension under subsection (a). 

15 (c) REPORT ON COLLECTION PROBLEMS AND ANAL16 YSIS OF PROPOSED SOLUTIONS.— 

17 (1) REPORT.—Not later than 90 days after the 

18 date of the enactment of this Act, the Secretary of 

19 the Treasury, in consultation with the Commissioner 

20 of the Bureau of Customs and Border Protection 

21 and the Secretary of Commerce, shall submit to the 

22 Committee on Ways and Means of the House of 

23 Representatives and the Committee on Finance of 

24 the Senate a report describing the major problems 

25 experienced in the collection of duties, including 


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1 fraudulent activities intended to avoid payment of 

2 duties, with an estimate of the total amount of un3 collected duties for the previous fiscal year and a 

4 breakdown across product lines describing the rea5 sons duties were uncollected. 

6 (2) RECOMMENDATIONS.—The report shall 

7 make recommendations on additional actions to ad8 dress remaining problems related to duty collections 

9 and, for each recommendation, provide an analysis 

10 of how the recommendation would address the spe11 cific problem or problems cited and the impact that 

12 implementing the recommendation would have on 

13 international trade and commerce (including any ad14 ditional costs imposed on United States businesses 

15 and whether the implementation of the revision is 

16 likely to violate any international trade obligations). 

17 SEC. 112. VALUING FREIGHT FOR INPUTS IN NONMARKET 

18 ECONOMY COUNTRY ANTIDUMPING CAL19 CULATIONS. 

20 Section 773(c)(3) of the Tariff Act of 1930 (19 

21 U.S.C. 1677b(c)(3)) is amended— 

22 (1) in subparagraph (C) by striking ‘‘and’’ at 

23 the end; 

24 (2) in subparagraph (D) by striking the period 

25 at the end and inserting ‘‘, and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(E) transportation costs based upon the 

3 actual freight distances required to transport 

4 material inputs from the unaffiliated supplier or 

5 unaffiliated suppliers, or from the first unaffili6 ated supplier where the input is obtained from 

7 an affiliate, to the producer or exporter of the 

8 foreign like product.’’. 

9 SEC. 113. REVOCATION OF NONMARKET ECONOMY COUN10 TRY STATUS. 

11 (a) AMENDMENT OF DEFINITION OF ‘‘NONMARKET

12 ECONOMY COUNTRY’’.—Section 771(18)(C)(i) of the Tar13 iff Act of 1930 (19 U.S.C. 1877(18)(C)(i)) is amended 

14 by striking ‘‘until revoked by the administering authority’’ 

15 and inserting ‘‘until revoked by a resolution enacted con16 sistent with section 113 of the Trade Law Reform Act 

17 of 2006’’. 

18 (b) NOTIFICATION BY PRESIDENT.—Whenever the 

19 administering authority makes a final determination 

20 under section 771(18)(C)(i) of the Tariff Act of 1930 (19 

21 U.S.C. 1877(18)(C)(i)) to revoke the determination that 

22 a foreign country is a nonmarket economy country, the 

23 President shall notify the Committee on Ways and Means 

24 of the House of Representatives and the Committee on 


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1 Finance of the Senate of that determination within 10 

2 days after its publication in the Federal Register. 

3 (c) RULES OF HOUSE OF REPRESENTATIVES AND

4 SENATE.—Subsections (c) through (i) of this section are 

5 enacted by the Congress— 

6 (1) as an exercise of the rulemaking power of 

7 the House of Representatives and the Senate, re8 spectively, and as such they are deemed a part of 

9 the rules of each House, respectively, but applicable 

10 only with respect to the procedure to be followed in 

11 that House in the case of approval resolutions de12 scribed in subsection (d) of this section; and they su13 persede other rules only to the extent that they are 

14 inconsistent therewith; and 

15 (2) with full recognition of the constitutional 

16 right of either House to change the rules (so far as 

17 relating to the procedure of that House) at any time, 

18 in the same manner and to the same extent as in 

19 the case of any other rule of that House. 

20 (d) DEFINITION.—For purposes of this section, the 

21 term ‘‘approval resolution’’ means only a joint resolution 

22 of the two Houses of the Congress, the matter after the 

23 resolving clause of which is as follows: ‘‘That the Congress 

24 approves the change of non-market economy status with 

25 respect to the products of lllll transmitted by the 


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1 President to the Congress on lllll.’’, the first 

2 blank space being filled in with the applicable country, and 

3 the second blank space being filled with the appropriate 

4 date. 

5 (e) INTRODUCTION.—When a notification submitted 

6 under subsection (b) is transmitted to the House of Rep7 resentatives and the Senate, an approval resolution with 

8 respect to such agreement shall be introduced (by request) 

9 in the House by the majority leader of the House, for him10 self, or by Members of the House designated by the major11 ity leader of the House; and shall be introduced (by re12 quest) in the Senate by the majority leader of the Senate, 

13 for himself, or by Members of the Senate designated by 

14 the majority leader of the Senate. 

15 (f) AMENDMENTS PROHIBITED.—No amendment to 

16 an approval resolution shall be in order in either the 

17 House of Representatives or the Senate; and no motion 

18 to suspend the application of this subsection shall be in 

19 order in either House, nor shall it be in order in either 

20 House for the Presiding Officer to entertain a request to 

21 suspend the application of this subsection by unanimous 

22 consent. 

23 (g) PERIOD FOR COMMITTEE AND FLOOR CONSIDER24 ATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), if the committee or committees of either 

3 House to which an approval resolution has been re4 ferred have not reported it at the close of the 45th 

5 day after its introduction, such committee or com6 mittees shall be automatically discharged from fur7 ther consideration of the bill or resolution and it 

8 shall be placed on the appropriate calendar. A vote 

9 on final passage of the bill or resolution shall be 

10 taken in each House on or before the close of the 

11 15th day after the bill or resolution is reported by 

12 the committee or committees of that House to which 

13 it was referred, or after such committee or commit14 tees have been discharged from further consideration 

15 of the bill or resolution. If prior to the passage by 

16 one House of an approval resolution of that House, 

17 that House receives the same approval resolution 

18 from the other House, then— 

19 (A) the procedure in that House shall be 

20 the same as if no or approval resolution had 

21 been received from the other House, but 

22 (B) the vote on final passage shall be on 

23 the approval resolution of the other House. 

24 (2) COMPUTATION OF DAYS.—For purposes of 

25 paragraphs (1) and (2), in computing a number of 


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1 days in either House, there shall be excluded any 

2 day on which that House is not in session. 

3 (h) FLOOR CONSIDERATION IN THE HOUSE.— 

4 (1) MOTION PRIVILEGED.—A motion in the 

5 House of Representatives to proceed to the consider6 ation of an approval resolution shall be highly privi7 leged and not debatable. An amendment to the mo8 tion shall not be in order, nor shall it be in order 

9 to move to reconsider the vote by which the motion 

10 is agreed to or disagreed to. 

11 (2) DEBATE LIMITED.—Debate in the House of 

12 Representatives on an approval resolution shall be 

13 limited to not more than 20 hours, which shall be 

14 divided equally between those favoring and those op15 posing the bill or resolution. A motion further to 

16 limit debate shall not be debatable. It shall not be 

17 in order to move to recommit an approval resolution 

18 or to move to reconsider the vote by which an ap19 proval resolution is agreed to or disagreed to. 

20 (3) MOTIONS TO POSTPONE.—Motions to post21 pone, made in the House of Representatives with re22 spect to the consideration of an approval resolution, 

23 and motions to proceed to the consideration of other 

24 business, shall be decided without debate. 


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1 (4) APPEALS.—All appeals from the decisions 

2 of the Chair relating to the application of the Rules 

3 of the House of Representatives to the procedure re4 lating to an approval resolution shall be decided 

5 without debate. 

6 (5) OTHER RULES.—Except to the extent spe7 cifically provided in the preceding provisions of this 

8 subsection, consideration of an approval resolution 

9 shall be governed by the Rules of the House of Rep10 resentatives applicable to other bills and resolutions 

11 in similar circumstances. 

12 (i) FLOOR CONSIDERATION IN THE SENATE.— 

13 (1) MOTION PRIVILEGED.—A motion in the 

14 Senate to proceed to the consideration of an ap15 proval resolution shall be privileged and not debat16 able. An amendment to the motion shall not be in 

17 order, nor shall it be in order to move to reconsider 

18 the vote by which the motion is agreed to or dis19 agreed to. 

20 (2) DEBATE LIMITED.—Debate in the Senate 

21 on an approval resolution, and all debatable motions 

22 and appeals in connection therewith, shall be limited 

23 to not more than 20 hours. The time shall be equally 

24 divided between, and controlled by, the majority 

25 leader and the minority leader or their designees. 


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1 (3) CONTROL OF DEBATE.—Debate in the Sen2 ate on any debatable motion or appeal in connection 

3 with an implementing bill or approval resolution 

4 shall be limited to not more than 1 hour, to be 

5 equally divided between, and controlled by, the 

6 mover and the manager of the bill or resolution, ex7 cept that in the event the manager of the bill or res8 olution is in favor of any such motion or appeal, the 

9 time in opposition thereto, shall be controlled by the 

10 minority leader or his designee. Such leaders, or ei11 ther of them, may, from time under their control on 

12 the passage of an or approval resolution, allot addi13 tional time to any Senator during the consideration 

14 of any debatable motion or appeal. 

15 (4) OTHER MOTIONS.—A motion in the Senate 

16 to further limit debate is not debatable. A motion to 

17 recommit an approval resolution is not in order. 

18 SEC. 114. EFFECTIVE DATE. 

19 Except as otherwise specifically provided by this title, 

20 the amendments made by this title shall apply with respect 

21 to determinations made under title VII of the Tariff Act 

22 of 1930 that— 

23 (1) are made with respect to investigations ini24 tiated or petitions filed on or after the date of the 

25 enactment of this Act; or 


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1 (2) have not become final as of such date of en2 actment. 

3 TITLE II—SAFEGUARD 

4 AMENDMENTS 

5 SEC. 201. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE 

6 TRADE ACT OF 1974. 

7 (a) TEST FOR POSITIVE ADJUSTMENTS TO IMPORT

8 COMPETITION.—Section 201(a) of the Trade Act of 1974 

9 (19 U.S.C. 2251(a)) is amended by striking ‘‘be a sub10 stantial cause of serious injury, or the threat thereof,’’ and 

11 inserting ‘‘cause or threaten to cause serious injury’’. 

12 (b) INVESTIGATIONS AND DETERMINATIONS.—Sec13 tion 202 of such Act (19 U.S.C. 2252) is amended— 

14 (1) in subsection (b)(1)(A), by striking ‘‘be a 

15 substantial cause of serious injury, or the threat 

16 thereof,’’ and inserting ‘‘cause or threaten to cause 

17 serious injury’’; 

18 (2) by amending subsection (b)(1)(B) to read 

19 as follows: 

20 ‘‘(B) For purposes of this section, the term 

21 ‘cause’ refers to a cause that contributes signifi22 cantly to serious injury, or the threat thereof, to the 

23 domestic industry but need not be equal to or great24 er than any other cause.’’; 

25 (3) in subsection (c)— 


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1 (A) by amending paragraph (1)(A) to read 

2 as follows: 

3 ‘‘(A) with respect to serious injury— 

4 ‘‘(i) change in the level of sales, pro5 duction, productivity, capacity utilization, 

6 profits and losses, and employment; 

7 ‘‘(ii) the significant idling of produc8 tive facilities in the domestic industry; 

9 ‘‘(iii) the inability of a significant 

10 number of firms to carry out domestic pro11 duction operations at a reasonable level of 

12 profit; and 

13 ‘‘(iv) significant unemployment or 

14 underemployment within the domestic in15 dustry;’’; 

16 (B) in paragraph (1)(B)— 

17 (i) in clause (iii) by striking ‘‘; and’’ 

18 and inserting ‘‘, and’’; and 

19 (ii) by inserting after clause (iii) the 

20 following: 

21 ‘‘(iv) foreign production capacity, for22 eign inventories, the level of demand in 

23 third country markets, and the availability 

24 of other export markets to absorb any ad25 ditional exports; and’’; 


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1 (C) by amending paragraph (1)(C) to read 

2 as follows: 

3 ‘‘(C) with respect to cause— 

4 ‘‘(i) the rate, amount, and timing of 

5 the increase in imports of the product con6 cerned in absolute and relative terms, in7 cluding whether there has been a substan8 tial increase in imports over a short period 

9 of time; and 

10 ‘‘(ii) the share of the domestic market 

11 taken by increased imports.’’; 

12 (D) by redesignating paragraphs (3) 

13 through (6) as paragraphs (5) through (8), re14 spectively; 

15 (E) by striking paragraph (2) and insert16 ing the following: 

17 ‘‘(2) In making determinations under para18 graph (1)(A) and (B), if domestic producers inter19 nally transfer, including to affiliated persons as de20 fined in section 771(33) of the Tariff Act of 1930, 

21 significant production of the article like or directly 

22 competitive with the imported article for the produc23 tion of a downstream article and sell significant pro24 duction of the article like or directly competitive 

25 with the imported article in the merchant market, 


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1 then the Commission, in determining market share 

2 and the factors affecting financial performance set 

3 forth in paragraph (1)(A) and (B), shall focus pri4 marily on the merchant market for the article like 

5 or directly competitive with the imported article. 

6 ‘‘(3) In making determinations under sub7 section (b), the Commission shall— 

8 ‘‘(A) consider the condition of the domestic 

9 industry over the course of the relevant busi10 ness cycle, but may not aggregate the causes of 

11 declining demand associated with a recession or 

12 economic downturn in the United States econ13 omy into a single cause of serious injury or 

14 threat of injury; and 

15 ‘‘(B) examine factors other than imports 

16 which may cause or threaten to cause serious 

17 injury to the domestic industry. 

18 The Commission shall include the results of its ex19 amination under subparagraph (B) in the report 

20 submitted by the Commission to the President under 

21 subsection (e). 

22 ‘‘(4) In making determinations under sub23 section (b), the Commission shall consider whether 

24 any change in the volume of imports that has oc25 curred since a petition under subsection (a) was filed 


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1 or a request under subsection (b) was made is re2 lated to the pendency of the investigation, and if so, 

3 the Commission may reduce the weight accorded to 

4 the data for the period after the petition under sub5 section (a) was filed or the request under subsection 

6 (b) was made in making its determination of serious 

7 injury, or the threat thereof.’’; and 

8 (F) in paragraph (5), as so redesignated— 

9 (i) by striking ‘‘and (B)’’ and insert10 ing ‘‘, (B), and (C)’’; and 

11 (ii) by striking ‘‘be a substantial cause 

12 of serious injury, or the threat thereof,’’ 

13 and inserting ‘‘cause or threaten to cause 

14 serious injury’’; 

15 (4) in subsection (d)— 

16 (A) in paragraph (1)(A)(ii), by striking 

17 ‘‘be, or likely to be a substantial cause of seri18 ous injury, or the threat thereof,’’ and inserting 

19 ‘‘cause, or be likely to cause, or threaten to 

20 cause, or be likely to threaten to cause, serious 

21 injury’’; 

22 (B) in paragraph (1)(C), in the matter fol23 lowing clause (ii), by striking ‘‘a substantial 

24 cause of serious injury, or the threat thereof,’’ 


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1 and inserting ‘‘causing or threatening to cause 

2 serious injury’’; 

3 (C) by amending paragraph (2)(A) to read 

4 as follows: 

5 ‘‘(2)(A) When a petition filed under subsection 

6 (a) or a request filed under subsection (b) alleges 

7 that critical circumstances exist and requests that 

8 provisional relief be provided under this subsection 

9 with respect to imports of the article identified in 

10 the petition or request, the Commission shall, not 

11 later than 45 days after the petition or request is 

12 filed, determine, on the basis of available informa13 tion, whether— 

14 ‘‘(i) there is clear evidence that increased 

15 imports (either actual or relative to domestic 

16 production) of the article are causing or threat17 ening to cause serious injury to the domestic in18 dustry producing an article like or directly com19 petitive with the imported article; and 

20 ‘‘(ii) delay in taking action under this 

21 chapter would cause damage to that industry 

22 that would be difficult to repair. 

23 ‘‘In making the evaluation under clause (ii), the 

24 Commission should consider, among other factors 

25 that it considers relevant, the timing and volume of 


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1 the imports, including whether there has been a sub2 stantial increase in imports over a short period of 

3 time, and any other circumstances indicating that 

4 delay in taking action under this chapter would 

5 cause damage to the industry that would be difficult 

6 to repair.’’; and 

7 (D) in paragraph (2)(D), by striking ‘‘30’’ 

8 and inserting ‘‘20’’. 

9 (c) PRESIDENTIAL DETERMINATIONS.— 

10 (1) ACTION BY PRESIDENT.—Section 203(a) of 

11 the Trade Act of 1974 (19 U.S.C. 2253(a)) is 

12 amended— 

13 (A) in paragraph (1)(A), by striking ‘‘and 

14 provide greater economic and social benefits 

15 than costs’’ and inserting ‘‘and will not have an 

16 adverse impact on the United States clearly 

17 greater than the benefits of such action’’; 

18 (B) in paragraph (2)(F), by striking ‘‘com19 pensation;’’ at the end of clause (iii) and insert20 ing the following: ‘‘compensation, except that 

21 the President shall give substantially greater 

22 weight to the factors set out in clause (i) than 

23 to those set out in clauses (ii) and (iii);’’; and 

24 (C) by amending paragraph (2)(I) to read 

25 as follows: 


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1 ‘‘(I) the potential for harm to the national 

2 security of the United States; and’’. 

3 (2) IMPLEMENTATION OF ACTION REC4 OMMENDED BY COMMISSION.—(A) Section 203(c) of 

5 the Trade Act of 1974 (19 U.S.C. 2253(c)) is 

6 amended by striking ‘‘90’’ and inserting ‘‘60’’. 

7 (B) Section 152(c)(1) of the Trade Act of 1974 

8 (19 U.S.C. 2192(c)(1)) is amended by striking ‘‘not 

9 counting any day which is excluded under section 

10 154(b),’’ and inserting ‘‘counting all calendar days 

11 in the case of a resolution described in subsection 

12 (a)(1)(A), and not counting any day which is ex13 cluded under section 154(b) in the case of a resolu14 tion described in subsection (a)(1)(B),’’. 

15 (d) CONFORMING AMENDMENTS.— 

16 (1) Section 203(e)(6)(B) of the Trade Act of 

17 1974 (19 U.S.C. 2253(e)(6)(B)) is amended by 

18 striking ‘‘substantially’’. 

19 (2) Section 264(c) of the Trade Act of 1974 

20 (19 U.S.C. 2354(c)) is amended by striking ‘‘a sub21 stantial cause of serious injury or threat thereof’’ 

22 and inserting ‘‘causing or threatening to cause seri23 ous injury’’. 

24 (3) Section 154(b) of the Trade Act of 1974 

25 (19 U.S.C. 2194(b)) is amended by striking the 


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1 matter that precedes paragraph (1) and inserting 

2 the following: 

3 ‘‘(b) The 60-day period referred to in section 203(c) 

4 and the 90-day period referred to in section 407(c)(2) 

5 shall be computed by excluding—’’. 

6 TITLE III—INTERNATIONAL 

7 TRADE NEGOTIATIONS 

8 SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE 

9 REMEDY LAWS. 

10 Section 2102(b)(14) of the Trade Act of 2002 (19 

11 U.S.C. 3801(b)) is amended by adding at the end the fol12 lowing flush sentence: 

13 ‘‘In order to carry out subparagraph (A), the 

14 United States Trade Representative should refuse to 

15 agree to any proposal, whether in the context of a 

16 trade agreement entered into under the auspices of 

17 the World Trade Organization, or a free trade agree18 ment with another country or group of countries, 

19 that would, either individually or in combination 

20 with other proposals, weaken existing United States 

21 trade remedy laws contained in title VII of the Tar22 iff Act of 1930 or chapter 1 of title II of the Trade 

23 Act of 1974, including any proposal that would 

24 make obtaining relief under these provisions more 


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1 difficult, uncertain, or costly for domestic industries 

2 to achieve or maintain over time.’’. 

3 SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING 

4 TRADE AGREEMENTS. 

5 Section 2104(d)(3)(A) of the Trade Act of 2002 (19 

6 U.S.C. 3804(d)(3)(A)) is amended— 

7 (1) in clause (i), by striking ‘‘and’’ after the 

8 semicolon; 

9 (2) in clause (ii), by striking the period and in10 serting a semicolon; and 

11 (3) by adding after clause (ii) the following: 

12 ‘‘(iii) with respect to each specific pro13 posal that could require amendments to 

14 title VII of the Tariff Act of 1930 or chap15 ter 1 of title II of the Trade Act of 1974, 

16 whether and to what extent the proposal 

17 would, either individually or in combination 

18 with other proposals, make obtaining relief 

19 under these provisions more difficult, un20 certain, or costly for domestic industries to 

21 achieve or maintain over time; and 

22 ‘‘(iv) for each specific proposal that 

23 the President reports would not (whether 

24 individually or in combination with other 

25 proposals) make obtaining relief under title 


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1 VII of the Tariff Act of 1930 or chapter 

2 1 of title II of the Trade Act of 1974 more 

3 difficult, uncertain, or costly for domestic 

4 industries to achieve or maintain over 

5 time, a detailed explanation providing the 

6 basis for this conclusion.’’. 

7 SEC. 303. EFFECTIVE DATE. 

8 The amendments made by this title take effect on the 

9 date of the enactment of this Act. 

10 TITLE IV—CONGRESSIONAL AD11 VISORY COMMISSION ON WTO 

12 DISPUTE SETTLEMENT 

13 SEC. 401. SHORT TITLE. 

14 This title may be cited as the ‘‘Congressional Advi15 sory Commission on WTO Dispute Settlement Act’’. 

16 SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE. 

17 (a) FINDINGS.—The Congress finds the following: 

18 (1) The United States joined the World Trade 

19 Organization as an original member with the goal of 

20 creating an improved global trading system and pro21 viding expanded economic opportunities for United 

22 States firms and workers. 

23 (2) The dispute settlement rules of the WTO 

24 were created to enhance the likelihood that govern25 ments will observe their WTO obligations. 


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1 (3) These dispute settlement rules help ensure 

2 that the United States can reap the full benefits of 

3 its participation in the WTO. 

4 (4) Successful operation of the WTO dispute 

5 settlement system was critical to congressional ap6 proval of the Uruguay Round Agreements and is 

7 critical to continued support by the United States 

8 for the WTO. In particular, it is imperative that dis9 pute settlement panels and the Appellate Body— 

10 (A) operate with fairness and in an impar11 tial manner; 

12 (B) strictly observe the terms of reference 

13 and any applicable standard of review set forth 

14 in the Uruguay Round Agreements; and 

15 (C) not add to the obligations, or diminish 

16 the rights, of WTO members under the Uru17 guay Round Agreements in violation of Articles 

18 3.2 and 19.2 of the Dispute Settlement Under19 standing. 

20 (5) An increasing number of reports by dispute 

21 settlement panels and the Appellate Body have 

22 raised serious concerns within the Congress about 

23 the ability of the WTO dispute settlement system to 

24 operate in accordance with paragraph (4). 


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1 (6) In particular, several reports of dispute set2 tlement panels and the Appellate Body have added 

3 to the obligations and diminished the rights of WTO 

4 members, particularly under the Agreement on Im5 plementation of Article VI of the General Agreement 

6 on Tariffs and Trade 1994, the Agreement on Sub7 sidies and Countervailing Measures, and the Agree8 ment on Safeguards. 

9 (7) In order to come into compliance with re10 ports of dispute settlement panels and the Appellate 

11 Body that have been adopted by the Dispute Settle12 ment Body, the Congress may need to amend or re13 peal statutes of the United States. In such cases, the 

14 Congress must have a high degree of confidence that 

15 the reports are in accordance with paragraph (4). 

16 (8) The Congress needs impartial, objective, 

17 and juridical advice to determine the appropriate re18 sponse to reports of dispute settlement panels and 

19 the Appellate Body. 

20 (9) The United States remains committed to 

21 the multilateral, rules-based trading system. 

22 (b) PURPOSE.—It is the purpose of this title to pro23 vide for the establishment of the Congressional Advisory 

24 Commission on WTO Dispute Settlement to provide objec25 tive and impartial advice to the Congress on the operation 


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1 of the dispute settlement system of the World Trade Orga2 nization. 

3 SEC. 403. ESTABLISHMENT OF COMMISSION. 

4 (a) ESTABLISHMENT.—There is established a com5 mission to be known as the Congressional Advisory Com6 mission on WTO Dispute Settlement (in this title referred 

7 to as the ‘‘Commission’’). 

8 (b) MEMBERSHIP.— 

9 (1) COMPOSITION.—The Commission shall be 

10 composed of 5 members, all of whom shall be judges 

11 or former judges of the Federal judicial circuits and 

12 shall be appointed by the Speaker of the House of 

13 Representatives and the President pro tempore of 

14 the Senate after considering the recommendations of 

15 the Chairman and ranking member of the Com16 mittee on Finance of the Senate and the Chairman 

17 and ranking member of the Committee on Ways and 

18 Means of the House of Representatives. Commis19 sioners shall be chosen without regard to political af20 filiation and solely on the basis of each Commis21 sioner’s fitness to perform the duties of a Commis22 sioner. 

23 (2) DATE.—The appointments of the initial 

24 members of the Commission shall be made not later 


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1 than 90 days after the date of the enactment of this 

2 Act. 

3 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

4 (1) IN GENERAL.—Members of the Commission 

5 shall each be appointed for a term of 5 years, except 

6 that of the members first appointed, 3 members 

7 shall be appointed for terms of 3 years. 

8 (2) VACANCIES.— 

9 (A) IN GENERAL.—Any vacancy on the 

10 Commission shall not affect its powers, but 

11 shall be filled in the same manner as the origi12 nal appointment was made and shall be subject 

13 to the same conditions as the original appoint14 ment. 

15 (B) UNEXPIRED TERM.—An individual 

16 chosen to fill a vacancy shall be appointed for 

17 the unexpired term of the member replaced. 

18 (d) INITIAL MEETING.—Not later than 30 days after 

19 the date on which all members of the Commission have 

20 been appointed, the Commission shall hold its first meet21 ing. 

22 (e) MEETINGS.—The Commission shall meet at the 

23 call of the Chairperson. 


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1 (f) QUORUM.—A majority of the members of the 

2 Commission shall constitute a quorum, but a lesser num3 ber of members may hold hearings. 

4 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The 

5 Commission shall select a Chairperson and Vice Chair6 person from among its members. 

7 (h) FUNDING.—Members of the Commission shall be 

8 allowed travel expenses, including per diem in lieu of sub9 sistence at rates authorized for employees of agencies 

10 under subchapter I of chapter 57 of title 5, United States 

11 Code, while away from their homes or regular places of 

12 business in the performance of services for the Commis13 sion. 

14 SEC. 404. DUTIES OF THE COMMISSION. 

15 (a) ADVISING CONGRESS ON THE OPERATION OF

16 THE WTO DISPUTE SETTLEMENT SYSTEM.— 

17 (1) IN GENERAL.—The Commission shall re18 view— 

19 (A) all adverse reports of dispute settle20 ment panels and the Appellate Body which 

21 are— 

22 (i) adopted by the Dispute Settlement 

23 Body; and 


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1 (ii) the result of a proceeding initiated 

2 against the United States by a WTO mem3 ber; and 

4 (B) upon the request of the Committee on 

5 Ways and Means of the House of Representa6 tives or the Committee on Finance of the Sen7 ate— 

8 (i) any adverse report of a dispute 

9 settlement panel or the Appellate Body— 

10 (I) which is adopted by the Dis11 pute Settlement Body; and 

12 (II) in which the United States is 

13 a complaining party; or 

14 (ii) any other finding which is con15 tained in a report of a dispute settlement 

16 panel or the Appellate Body that is adopt17 ed by the Dispute Settlement Body. 

18 (2) SCOPE OF REVIEW.—The Commission shall 

19 advise the Congress in connection with each adverse 

20 finding or other finding under paragraph (1) (B) 

21 only whether— 

22 (A) the dispute settlement panel or the Ap23 pellate Body, as the case may be— 

24 (i) exceeded its authority or its terms 

25 of reference; 


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1 (ii) added to the obligations, or dimin2 ished the rights, of the United States 

3 under the Uruguay Round Agreement 

4 which is the subject of the finding; 

5 (iii) acted arbitrarily or capriciously, 

6 engaged in misconduct, or demonstrably 

7 departed from the procedures specified for 

8 panels and the Appellate Body in the ap9 plicable Uruguay Round Agreement; and 

10 (iv) deviated from the applicable 

11 standard of review, including in anti12 dumping, countervailing duty, and other 

13 unfair trade remedy cases, the standard of 

14 review set forth in Article 17.6 of the 

15 Agreement on Implementation of Article 

16 VI of the General Agreement on Tariffs 

17 and Trade 1994; and 

18 (B) the finding is consistent with the origi19 nal understanding by the United States of the 

20 Uruguay Round Agreement that is the subject 

21 of the finding as explained in the statement of 

22 administrative action approved under section 

23 101(a) of the Uruguay Round Agreements Act 

24 (19 U.S.C. 3511(a)). 


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1 (3) NO DEFERENCE.—Applying the standards 

2 set forth in paragraph (2) does not require deference 

3 to findings of law made by the dispute settlement 

4 panel or the Appellate Body, as the case may be. 

5 (b) DETERMINATION; REPORT.— 

6 (1) DETERMINATION.— 

7 (A) IN GENERAL.—Not later than 150 

8 days after the date on which the Commission 

9 receives notice of a report or request under sec10 tion 405(b), the Commission shall make a writ11 ten determination with respect to the matters 

12 described in paragraph (2) of subsection (a), in13 cluding a full analysis of the basis for its deter14 mination. A vote by a majority of the members 

15 of the Commission shall constitute a determina16 tion of the Commission, although the members 

17 need not agree on the basis for their vote. 

18 (B) DISSENTING OR CONCURRING OPIN19 IONS.—Any member of the Commission who 

20 disagrees with a determination of the Commis21 sion or who concurs in such a determination on 

22 a basis different from that of the Commission 

23 or other members of the Commission, may write 

24 an opinion expressing such disagreement or 

25 concurrence, as the case may be. 


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1 (2) REPORT.—The Commission shall promptly 

2 report the determinations described in paragraph 

3 (1)(A) to the Committee on Ways and Means of the 

4 House of Representatives and the Committee on Fi5 nance of the Senate. The Commission shall include 

6 with the report any opinions written under para7 graph (1)(B) with respect to the determination. 

8 (c) AVAILABILITY TO THE PUBLIC.—Each report of 

9 the Commission under subsection (b)(2), together with the 

10 opinions included with the report, shall be made available 

11 to the public. 

12 SEC. 405. POWERS OF THE COMMISSION. 

13 (a) HEARINGS.—The Commission may hold a public 

14 hearing to solicit views concerning a report of a dispute 

15 settlement panel or the Appellate Body described in sec16 tion 404(a)(1), if the Commission considers such hearing 

17 to be necessary to carry out the purpose of this title. The 

18 Commission shall provide reasonable notice of a hearing 

19 held pursuant to this subsection. 

20 (b) INFORMATION FROM INTERESTED PARTIES AND

21 FEDERAL AGENCIES.— 

22 (1) NOTICE TO COMMISSION.— 

23 (A) UNDER SECTION 404(a)(1)(A).—The 

24 Trade Representative shall advise the Commis25 sion not later than 5 business days after the 


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•HR 5529 IH

1 date the Dispute Settlement Body adopts a re2 port of a panel or the Appellate Body that is 

3 to be reviewed by the Commission under section 

4 404(a)(1)(A). 

5 (B) UNDER SECTION 404(a)(1)(B).—The 

6 Committee on Ways and Means or the Com7 mittee on Finance, as the case may be, may 

8 make and notify the Commission of a request 

9 under section 404(a)(1)(B) not later than 1 

10 year after the Dispute Settlement Body adopts 

11 the report that is the subject of the request. 

12 (C) REPORTS ADOPTED PRIOR TO AP13 POINTMENT OF COMMISSION.—With respect to 

14 any report to which section 404(a)(1)(B) ap15 plies and that is adopted before the date on 

16 which the first members of the Commission are 

17 appointed under section 403(b)(2), the Com18 mittee on Ways and Means or the Committee 

19 on Finance, as the case may be, may make and 

20 notify the Commission of a request under sec21 tion 404(a)(1)(B) with respect to that report 

22 not later than 1 year after the date on which 

23 the first members of the Commission are ap24 pointed under section 403(b)(2). 


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1 (2) SUBMISSIONS AND REQUESTS FOR INFOR2 MATION.— 

3 (A) IN GENERAL.—The Commission shall 

4 promptly publish in the Federal Register notice 

5 of the notice received under paragraph (1) from 

6 the Trade Representative, the Committee on 

7 Ways and Means, or the Committee on Fi8 nance, as the case may be, along with notice of 

9 an opportunity for interested parties to submit 

10 written comments to the Commission. The 

11 Commission shall make comments submitted 

12 pursuant to the preceding sentence available to 

13 the public. 

14 (B) INFORMATION FROM FEDERAL AGEN15 CIES AND DEPARTMENTS.—The Commission 

16 may also secure directly from any Federal de17 partment or agency such information as the 

18 Commission considers necessary to carry out 

19 the provisions of this title. Upon the request of 

20 the chairperson of the Commission, the head of 

21 such department or agency shall furnish the in22 formation requested to the Commission in a 

23 timely manner. 

24 (3) ACCESS TO PANEL AND APPELLATE BODY

25 DOCUMENTS.— 


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1 (A) IN GENERAL.—The Trade Representa2 tive shall make available to the Commission all 

3 submissions and relevant documents relating to 

4 a report of a panel or the Appellate Body de5 scribed in section 404(a)(1), including any in6 formation contained in such submissions identi7 fied by the provider of the information as pro8 prietary information or information designated 

9 as confidential by a foreign government. 

10 (B) PUBLIC ACCESS.—Any document 

11 which the Trade Representative submits to the 

12 Commission shall be available to the public, ex13 cept information which is identified as propri14 etary or confidential or the disclosure of which 

15 would otherwise violate the rules of the WTO. 

16 (c) ASSISTANCE FROM FEDERAL AGENCIES; CON17 FIDENTIALITY.— 

18 (1) ADMINISTRATIVE ASSISTANCE.—Any agency 

19 or department of the United States that is des20 ignated by the President shall provide administrative 

21 services, funds, facilities, staff, or other support 

22 services to the Commission to assist the Commission 

23 with the performance of the Commission’s functions. 

24 (2) CONFIDENTIALITY.—The Commission shall 

25 protect from disclosure any document or information 


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•HR 5529 IH

1 submitted to it by a department or agency of the 

2 United States which the agency or department re3 quests be kept confidential. The Commission shall 

4 not be considered to be an agency for purposes of 

5 section 552 of title 5, United States Code. 

6 SEC. 406. REPORT BY UNITED STATES TRADE REPRESENTA7 TIVE. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 third instance in which the Commission, under section 

10 402(a)(2), advises Congress in the affirmative with respect 

11 to one or more actions specified in section 402(a)(2)(A), 

12 the United States Trade Representative shall submit to 

13 the congressional committees specified in subsection (c) a 

14 report detailing a course of action for reforming the WTO 

15 dispute settlement process so as to ensure that dispute set16 tlement panels and the Appellate Body do not take actions 

17 specified in section 402(a)(2)(A). 

18 (b) FOLLOW-UP REPORTS.—Once the United States 

19 Trade Representative submits to the congressional com20 mittees a report under subsection (a), the United States 

21 Trade Representative shall thereafter submit to those 

22 committees, not less frequently than once every six 

23 months, a report detailing the progress made with respect 

24 to reforming the WTO dispute settlement process (as de25 scribed in subsection (a)). 


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•HR 5529 IH

1 (c) SPECIFIED COMMITTEES.—The committees re2 ferred to in subsection (a) are the Committee on Ways 

3 and Means of the House of Representatives and the Com4 mittee on Finance of the Senate. 

5 SEC. 407. DEFINITIONS. 

6 In this title: 

7 (1) ADVERSE FINDING.—The term ‘‘adverse 

8 finding’’ means— 

9 (A) in a proceeding of a panel or the Ap10 pellate Body that is initiated against the United 

11 States, a finding by the panel or the Appellate 

12 Body that any law or regulation of, or applica13 tion thereof by, the United States, or any State, 

14 is inconsistent with the obligations of the 

15 United States under a Uruguay Round Agree16 ment (or nullifies or impairs benefits accruing 

17 to a WTO member under such an Agreement); 

18 or 

19 (B) in a proceeding of a panel or the Ap20 pellate Body in which the United States is a 

21 complaining party, any finding by the panel or 

22 the Appellate Body that a measure of the party 

23 complained against is not inconsistent with that 

24 party’s obligations under a Uruguay Round 

25 Agreement (or does not nullify or impair beneVerDate Aug 31 2005 23:54 Jun 08, 2006 Jkt 049196 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5529.IH H5529

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1 fits accruing to the United States under such 

2 an Agreement). 

3 (2) APPELLATE BODY.—The term ‘‘Appellate 

4 Body’’ means the Appellate Body established by the 

5 Dispute Settlement Body pursuant to Article 17.1 of 

6 the Dispute Settlement Understanding. 

7 (3) DISPUTE SETTLEMENT BODY.—The term 

8 ‘‘Dispute Settlement Body’’ means the Dispute Set9 tlement Body established pursuant to the Dispute 

10 Settlement Understanding. 

11 (4) DISPUTE SETTLEMENT PANEL; PANEL.— 

12 The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 

13 mean a panel established pursuant to Article 6 of 

14 the Dispute Settlement Understanding. 

15 (5) DISPUTE SETTLEMENT UNDERSTANDING.— 

16 The term ‘‘Dispute Settlement Understanding’’ 

17 means the Understanding on Rules and Procedures 

18 Governing the Settlement of Disputes referred to in 

19 section 101(d)(16) of the Uruguay Round Agree20 ments Act (19 U.S.C. 3511(d)(16)). 

21 (6) TERMS OF REFERENCE.—The term ‘‘terms 

22 of reference’’ has the meaning given such term in 

23 the Dispute Settlement Understanding. 


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1 (7) TRADE REPRESENTATIVE.—The term 

2 ‘‘Trade Representative’’ means the United States 

3 Trade Representative. 

4 (8) URUGUAY ROUND AGREEMENT.—The term 

5 ‘‘Uruguay Round Agreement’’ means any of the 

6 Agreements described in section 101(d) of the Uru7 guay Round Agreements Act. 

8 (9) UNITED STATES PERSON.—The term 

9 ‘‘United States person’’ means— 

10 (A) a United States citizen or an alien ad11 mitted for permanent residence into the United 

12 States; and 

13 (B) a corporation, partnership, or other 

14 legal entity organized under the laws of the 

15 United States or of any State, the District of 

16 Columbia, or any commonwealth, territory, or 

17 possession of the United States. 

18 (10) WORLD TRADE ORGANIZATION; WTO.—The 

19 terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 

20 mean the organization established pursuant to the 

21 WTO Agreement. 

22 (11) WTO AGREEMENT.—The term ‘‘WTO 

23 Agreement’’ means the Agreement Establishing the 

24 World Trade Organization entered into on April 15, 

25 1994. 


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1 (12) WTO MEMBER.—The term ‘‘WTO mem2 ber’’ has the meaning given that term in section 

3 2(10) of the Uruguay Round Agreements Act (19 

4 U.S.C. 3501(10)). 

5 SEC. 408. EFFECTIVE DATE. 

6 This title shall take effect on the date of the enact7 ment of this Act. 

8 TITLE V—STEEL IMPORT 

9 LICENSING AND MONITORING 

10 SEC. 501. MAINTENANCE AND EXPANSION OF STEEL IM11 PORT LICENSING AND MONITORING PRO12 GRAM. 

13 (a) MAINTENANCE OF PROGRAM.—The steel import 

14 licensing and monitoring program established by the Sec15 retary of the Treasury and the Secretary of Commerce 

16 pursuant to the Memorandum signed by the President on 

17 March 5, 2002 (67 Fed. Reg. 10593 through 10597) (pur18 suant to the authority of the President under section 

19 203(g) of the Trade Act of 1974), shall, notwithstanding 

20 any other action taken by the President under section 203 

21 of the Trade Act of 1974 concerning the steel products 

22 described in the Memorandum, remain in effect and be 

23 established by the Secretary of Commerce as a permanent 

24 program. 

25 (b) EXPANSION OF PROGRAM.— 


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1 (1) IN GENERAL.—In carrying out the program 

2 in accordance with subsection (a), the Secretary of 

3 the Treasury and the Secretary of Commerce shall 

4 expand the program to include all iron and steel, 

5 and all articles of iron or steel, described in para6 graph (2). The import and licensing data made 

7 available to the public as part of this program shall 

8 be released based upon classifications at the tenth 

9 digit level of the Harmonized Tariff Schedule of the 

10 United States. 

11 (2) IRON AND STEEL DESCRIBED.—The iron 

12 and steel, and articles of iron or steel, referred to in 

13 subparagraph (A) are the iron and steel, and articles 

14 of iron or steel, contained in the following headings 

15 and subheadings of the Harmonized Tariff Schedule 

16 of the United States: 

17 (A) Each of the headings 7206 through 

18 7229 (relating to mill products). 

19 (B) Each of the headings 7301 through 

20 7307 (relating to rails, structurals, pipe and 

21 tubes, and fittings and flanges). 

22 (C) Heading 7308 (relating to fabricated 

23 structurals). 

24 (D) Subheading 7310.10.00 (relating to 

25 barrels and drums). 


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1 (E) Heading 7312 (relating to strand and 

2 rope). 

3 (F) Heading 7313.00.00 (relating to 

4 barbed and fence wire). 

5 (G) Headings 7314, 7315, and 7317.00 

6 (relating to fabricated wire). 

7 (H) Heading 7318 (relating to industrial 

8 fasteners). 

9 (I) Heading 7326 (relating to fence posts). 

10 (c) ADDITIONAL AUTHORITY.—The Secretary of the 

11 Treasury and the Secretary of Commerce are hereby au12 thorized and directed to take such actions as are nec13 essary— 

14 (1) to maintain the program described in sub15 section (a) in accordance with such subsection; and 

16 (2) to expand, as necessary and appropriate, 

17 such program in accordance with subsection (b). 

18 TITLE VI—MISCELLANEOUS 

19 PROVISIONS 

20 SEC. 601. CONSTRUCTION. 

21 The amendments made by this Act shall not be con22 strued to create any inference with respect to the interpre23 tation of the provisions of law amended by this Act as 

24 such provisions were in effect before the enactment of this 

25 Act. 


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1 SEC. 602. APPLICATION TO GOODS FROM CANADA AND 

2 MEXICO. 

3 Pursuant to section 1902 of the North American 

4 Free Trade Agreement and section 408 of the North 

5 American Free Trade Agreement Implementation Act, the 

6 amendments made by this Act shall apply to goods from 

7 Canada and Mexico. 

8 SEC. 603. PARTICIPATION IN WTO PANEL PROCEEDINGS. 

9 (a) IN GENERAL.—If the United States Trade Rep10 resentative, in proceedings before a dispute settlement 

11 panel or the Appellate Body of the WTO, seeks— 

12 (1) to enforce United States rights under a 

13 multilateral trade agreement, or 

14 (2) to defend a challenged action or determina15 tion of the United States Government, 

16 a private United States person that is supportive of the 

17 United States Government’s position before the panel or 

18 Appellate Body and that has a direct economic interest 

19 in the panel’s or Appellate Body’s resolution of the mat20 ters in dispute shall be permitted to participate in con21 sultations and panel proceedings. The Trade Representa22 tive shall issue regulations, consistent with subsections (b) 

23 and (c), ensuring full and effective participation by any 

24 such private person. 

25 (b) ACCESS TO INFORMATION.—The United States 

26 Trade Representative shall make available to persons deVerDate Aug 31 2005 23:54 Jun 08, 2006 Jkt 049196 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5529.IH H5529

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1 scribed in subsection (a) all information presented to or 

2 otherwise obtained by the Trade Representative in connec3 tion with a WTO dispute settlement proceeding. The 

4 United States Trade Representative shall promulgate reg5 ulations implementing a protective order system to protect 

6 information designated by the submitting member as con7 fidential. 

8 (c) PARTICIPATION IN PANEL PROCESS.—Upon re9 quest from a person described in subsection (a), the 

10 United States Trade Representative shall— 

11 (1) consult in advance with such person regard12 ing the content of written submissions from the 

13 United States to the WTO panel concerned or to the 

14 other member countries involved; 

15 (2) include, if appropriate, such person or its 

16 appropriate representative as an advisory member of 

17 the delegation in sessions of the dispute settlement 

18 panel; 

19 (3) allow such special delegation member, if 

20 such member would bring special knowledge to the 

21 proceeding, to appear before the panel, directly or 

22 through counsel, under the supervision of responsible 

23 United States Government officials; and 

24 (4) in proceedings involving confidential infor25 mation, allow the appearance of such person only 


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1 through counsel as a member of the special delega2 tion. 

3 (d) DEFINITIONS.—In this section: 

4 (1) APPELLATE BODY.—The term ‘‘Appellate 

5 Body’’ means the Appellate Body established under 

6 Article 17.1 of the Dispute Settlement Under7 standing. 

8 (2) DISPUTE SETTLEMENT PANEL; PANEL.— 

9 The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 

10 mean a panel established pursuant to Article 6 of 

11 the Dispute Settlement Understanding. 

12 (3) DISPUTE SETTLEMENT UNDERSTANDING.— 

13 The term ‘‘Dispute Settlement Understanding’’ 

14 means the Understanding on Rules and Procedures 

15 Governing the Settlement of Disputes referred to in 

16 section 101(d)(16) of the Uruguay Round Agree17 ments Act. 

18 (4) UNITED STATES PERSON.—The term 

19 ‘‘United States person’’ means— 

20 (A) a United States citizen or an alien ad21 mitted for permanent residence into the United 

22 States; and 

23 (B) a corporation, partnership, or other 

24 legal entity organized under the laws of the 

25 United States or of any State, the District of 


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1 Columbia, or any commonwealth, territory, or 

2 possession of the United States. 

3 (5) WTO.—The term ‘‘WTO’’ means the orga4 nization established pursuant to the WTO Agree5 ment. 

6 (6) WTO AGREEMENT.—The term ‘‘WTO 

7 Agreement’’ means the Agreement Establishing the 

8 World Trade Organization entered into on April 15, 

9 1994. 

Æ 


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