I 
108TH CONGRESS 
2D SESSION 
H. R. 4177 
To establish a Manufacturing and Technology Administration to promote 
and assist American manufacturers, to provide incentives to American 
manufacturers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2004 
Mr. LARSON of Connecticut (for himself, Ms. DELAURO, Mr. FROST, Mr. 
GREEN of Texas, Mr. HOLDEN, and Mr. BRADY of Pennsylvania) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means, and in addition to the Committees on Science, Financial 
Services, International Relations, Government Reform, and 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 com-
mittee concerned 
A BILL 
To establish a Manufacturing and Technology Administration 
to promote and assist American manufacturers, to pro-
vide incentives to American manufacturers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Workers and 
Manufacturers Support Act’’.
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—ESTABLISHMENT OF MANUFACTURING AND 
TECHNOLOGY ADMINISTRATION 
Sec. 101. Manufacturing and Technology Administration. 
Sec. 102. Study of abusive practices by large manufacturers and retailers. 
Sec. 103. Study of feasibility of labeling requirements. 
Sec. 104. Studies by National Academy of Sciences. 
Sec. 105. Manufacturing research and implementation; development of new 
manufacturing technologies. 
Sec. 106. Advanced Technology Program. 
TITLE II—WTO DISPUTE SETTLEMENT REVIEW COMMISSION 
Sec. 201. Establishment of Commission. 
Sec. 202. Duties of the Commission. 
Sec. 203. Powers of the Commission. 
Sec. 204. Review of dispute settlement procedures and participation in the 
WTO. 
Sec. 205. Participation in WTO panel proceedings. 
Sec. 206. Definitions. 
TITLE III—REFORM OF EXPORT-IMPORT BANK AND OVERSEAS 
PRIVATE INVESTOR CORPORATION 
Sec. 301. Restrictions on Export-Import Bank assistance. 
Sec. 302. Restrictions on the Overseas Private Investment Corporation. 
TITLE IV—CURRENCY MANIPULATION 
Sec. 401. Negotiation period regarding currency manipulation. 
Sec. 402. Findings of fact and report regarding currency manipulation. 
Sec. 403. Proceedings regarding currency manipulation. 
Sec. 404. Additional reports and recommendations. 
Sec. 405. Currency manipulation defined. 
TITLE V—INTERNAL REVENUE CODE AMENDMENTS 
Sec. 501. Disincentivization of corporate expatriation to avoid United States in-
come tax. 
Sec. 502. Inclusion of income from U.S. imports in subpart F income. 
Sec. 503. Denial of treaty benefits for certain deductible payments. 
Sec. 504. Repeal of exclusion for extraterritorial income. 
Sec. 505. Deduction relating to income attributable to United States production 
activities. 
TITLE VI—BUY AMERICAN PROVISIONS 
Sec. 601. Requirements for waivers. 
Sec. 602. GAO report and recommendations. 
Sec. 603. Dual use technologies.
TITLE VII—ESTABLISHMENT OF CONGRESSIONAL TRADE OFFICE 
Sec. 701. Findings. 
Sec. 702. Establishment of office. 
Sec. 703. Public access to data. 
Sec. 704. Authorization of appropriations. 
TITLE 
I—ESTABLISHMENT 
OF 
MANUFACTURING AND TECH-
NOLOGY ADMINISTRATION 
SEC. 101. MANUFACTURING AND TECHNOLOGY ADMINIS-
TRATION. 
Section 5 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3704) is amended to read 
as follows: 
‘‘SEC. 5. MANUFACTURING AND TECHNOLOGY. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department of Commerce a Manufacturing and Tech-
nology Administration, which shall operate in accordance 
with the provisions, findings, and purposes of this Act. 
The Manufacturing and Technology Administration shall 
include— 
‘‘(1) the National Institute of Standards and 
Technology; 
‘‘(2) the National Technical Information Serv-
ice; and 
‘‘(3) a policy analysis office, which shall be 
known as the Office of Manufacturing and Tech-
nology Policy.
‘‘(b) UNDER SECRETARY AND ASSISTANT SECRE-
TARIES.—The President shall appoint, by and with the ad-
vice and consent of the Senate, to the extent provided for 
in appropriations Acts— 
‘‘(1) an Under Secretary of Commerce for Man-
ufacturing and Technology, who shall be com-
pensated at the rate provided for level III of the Ex-
ecutive Schedule in section 5314 of title 5, United 
States Code; 
‘‘(2) an Assistant Secretary of Manufacturing 
who shall serve as a policy analyst for the Under 
Secretary; and 
‘‘(3) an Assistant Secretary of Technology who 
shall serve as a policy analyst for the Under Sec-
retary. 
‘‘(c) DUTIES.—The Secretary, through the Under 
Secretary, as appropriate, shall— 
‘‘(1) manage the Manufacturing and Tech-
nology Administration and supervise its agencies, 
programs, and activities; 
‘‘(2) conduct manufacturing and technology pol-
icy analyses to improve United States industrial pro-
ductivity, manufacturing capabilities, and innova-
tion, and cooperate with United States industry to 
improve its productivity, manufacturing capabilities,
and ability to compete successfully in an inter-
national marketplace; 
‘‘(3) identify manufacturing and technological 
needs, problems, and opportunities within and across 
industrial sectors, that, if addressed, could make sig-
nificant contributions to the economy of the United 
States; 
‘‘(4) assess whether the capital, technical, and 
other resources being allocated to domestic indus-
trial sectors which are likely to generate new tech-
nologies are adequate to meet private and social de-
mands for goods and services and to promote pro-
ductivity and economic growth; 
‘‘(5) propose and support studies and policy ex-
periments, in cooperation with other Federal agen-
cies, to determine the effectiveness of measures for 
improving United States manufacturing capabilities 
and productivity; 
‘‘(6) provide that cooperative efforts to stimu-
late industrial competitiveness and innovation be un-
dertaken between the Under Secretary and other of-
ficials in the Department of Commerce responsible 
for such areas as trade and economic assistance; 
‘‘(7) encourage and assist the creation of cen-
ters and other joint initiatives by State or local gov-
ernments, regional organizations, private businesses, 
institutions of higher education, nonprofit organiza-
tions, or Federal laboratories to encourage tech-
nology transfer, to encourage innovation, and to pro-
mote an appropriate climate for investment in tech-
nology-related industries; 
‘‘(8) propose and encourage cooperative re-
search involving appropriate Federal entities, State 
or local governments, regional organizations, colleges 
or universities, nonprofit organizations, or private 
industry to promote the common use of resources, to 
improve training programs and curricula, to stimu-
late interest in manufacturing and technology ca-
reers, and to encourage the effective dissemination 
of manufacturing and technology skills within the 
wider community; 
‘‘(9) serve as a focal point for discussions 
among United States companies on topics of interest 
to industry and labor, including discussions regard-
ing manufacturing, competitiveness, and emerging 
technologies; 
‘‘(10) consider government measures with the 
potential of advancing United States technological 
innovation and exploiting innovations of foreign ori-
gin and publish the results of studies and policy ex-
periments; and 
‘‘(11) assist in the implementation of the Metric 
Conversion Act of 1975 (15 U.S.C. 205a et seq.). 
‘‘(d) MANUFACTURING ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT
AND
COMPOSITION.— 
There is established a Manufacturing Advisory 
Board within the Manufacturing and Technology 
Administration. The Under Secretary or the Assist-
ant Secretary of Manufacturing shall chair the Advi-
sory Board. The Advisory Board shall be composed 
of 14 additional members appointed by the Under 
Secretary as follows: 
‘‘(A) 1 representative each from the Na-
tional Association of Manufacturers, the Na-
tional Coalition for Advanced Manufacturing, 
and the Modernization Forum. 
‘‘(B) 4 members from outside the Federal 
Government who are eminent in the manufac-
turing industry, at least 2 of whom are rep-
resentatives of small and medium-sized compa-
nies in such industries. 
‘‘(C) 4 members from Federal agencies 
who have manufacturing science and technology 
expertise, at least 1 of whom shall be from the
National Institute of Standards and Tech-
nology. 
‘‘(D) 3 members from labor unions, a ma-
jority of whose members have manufacturing 
jobs. 
‘‘(2) DUTIES.—The duties of the Advisory 
Board shall be— 
‘‘(A) to identify manufacturing issues rel-
ative to manufacturing technology and competi-
tiveness; 
‘‘(B) to advise the Under Secretary on 
manufacturing issues, including manufacturing 
activities at the National Institute of Standards 
and Technology, and make recommendations 
for actions by the Federal Government; and 
‘‘(C) to report its finding and rec-
ommendations to the Under Secretary and the 
Director of the Office of Management and 
Budget. 
‘‘(3) TERMS OF OFFICE.—The term of office of 
each member of the Advisory Board shall be 4 years, 
except that— 
‘‘(A) of the initial members, 3 shall be ap-
pointed for terms of 1 year, 3 shall be ap-
pointed for terms of 2 years, 4 shall be ap-
pointed for terms of 3 years, and 4 shall be ap-
pointed for terms of 4 years; and 
‘‘(B) any member appointed to fill a va-
cancy in the Advisory Board shall serve for the 
remainder of the term for which his predecessor 
was appointed. 
‘‘(4) QUORUM.—The Advisory Board shall not 
act in the absence of a quorum, which shall consist 
of 8 members. 
‘‘(5) ALLOWANCE
FOR
TRAVEL
EXPENSES.— 
Members of the Advisory Board, other than full-time 
employees of the Federal Government, while attend-
ing meetings of the Board or while otherwise per-
forming duties at the request of the Chairman while 
away from their home or a regular place of business, 
may be allowed travel expenses in accordance with 
subchapter I of chapter 57 of title 5, United States 
Code. 
‘‘(6) STAFF
SERVICES
AND
UTILIZATION
OF 
FEDERAL PERSONNEL.—To provide the staff serv-
ices necessary to assist the Advisory Board in car-
rying out its functions, the Advisory Board may uti-
lize personnel from the National Institute of Stand-
ards and Technology or any other agency of the
Federal Government with the consent of the head of 
the agency. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for the 
activities of the Under Secretary— 
‘‘(1) $2,000,000 for fiscal year 2004; 
‘‘(2) $2,070,000 for fiscal year 2005; 
‘‘(3) $2,140,000 for fiscal year 2006; and 
‘‘(4) $2,220,000 for fiscal year 2007.’’. 
SEC. 102. STUDY OF ABUSIVE PRACTICES BY LARGE MANU-
FACTURERS AND RETAILERS. 
(a) STUDY.—The Under Secretary of Commerce for 
Manufacturing and Technology (appointed pursuant to 
section 101 of this title) shall conduct a study of practices 
by large manufacturers and retailers whereby such manu-
facturers and retailers place large contract orders and 
later cancel such orders after only a portion of the goods 
or services are provided, and the impact that such prac-
tices have on small businesses. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this title, the Under Secretary of Com-
merce for Manufacturing and Technology shall transmit 
a report to the Congress on the findings of the study re-
quired by subsection (a). The report shall propose guide-
lines to address abusive practices and recommendations
for a means to allow small manufacturers to confidentially 
report such practices. 
SEC. 103. STUDY OF FEASIBILITY OF LABELING REQUIRE-
MENTS. 
(a) STUDY.—The Under Secretary of Commerce for 
Manufacturing and Technology (appointed pursuant to 
section 101 of this title) shall conduct a study of the feasi-
bility and impact of laws or regulations requiring all prod-
ucts retailing at more than $15 to state clearly on the 
labels the percentage of components made in the United 
States. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this title, the Under Secretary of Com-
merce for Manufacturing and Technology shall transmit 
a report to the Congress on the findings of the study re-
quired by subsection (a). The report shall examine the cost 
of such a labeling requirement to manufacturers and con-
sumers, shall include recommendations for any necessary 
legislation, and shall propose a timetable for implementa-
tion of such requirements. 
SEC. 104. STUDIES BY NATIONAL ACADEMY OF SCIENCES. 
Section 24 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278j) is amended— 
(1) by striking ‘‘The Director may’’ through 
‘‘assist the’’ and inserting ‘‘The Under Secretary of
Commerce for Manufacturing and Technology and 
the Director may periodically enter into an arrange-
ment with the National Academy of Sciences for ad-
vice and studies to assist the Manufacturing and 
Technology Administration and the’’; and 
(2) in paragraph (2) by inserting ‘‘the Manu-
facturing and Technology Administration and’’ after 
‘‘potential activities of’’. 
SEC. 105. MANUFACTURING RESEARCH AND IMPLEMENTA-
TION; DEVELOPMENT OF NEW MANUFAC-
TURING TECHNOLOGIES. 
(a) NATIONAL INSTITUTES
OF STANDARDS
AND 
TECHNOLOGY LABORATORY ACTIVITIES.—There are au-
thorized to be appropriated to the Secretary of Commerce 
for Manufacturing Engineering activities at the Scientific 
and Technical Research and Services Laboratory of the 
National Institute of Standards and Technology— 
(1) $60,000,000 for fiscal year 2004, of which 
$30,000,000 shall be for the research and develop-
ment program on manufacturing under section 33 of 
the National Institute of Standards and Technology 
Act; 
(2) $62,100,000 for fiscal year 2005, of which 
$31,050,000 shall be for the research and develop-
ment program on manufacturing under section 33 of
the National Institute of Standards and Technology 
Act; 
(3) $64,270,000 for fiscal year 2006, of which 
$32,140,000 shall be for the research and develop-
ment program on manufacturing under section 33 of 
the National Institute of Standards and Technology 
Act; and 
(4) $68,850,000 for fiscal year 2007, of which 
$33,260,000 shall be for the research and develop-
ment program on manufacturing under section 33 of 
the National Institute of Standards and Technology 
Act. 
(b) NATIONAL INSTITUTES
OF STANDARDS
AND 
TECHNOLOGY
RESEARCH
AND
DEVELOPMENT
PRO-
GRAM.—The National Institute of Standards and Tech-
nology Act is amended— 
(1) by redesignating the first section 32 as sec-
tion 34 and moving it to the end of the Act; and 
(2) by inserting before the section moved by 
paragraph (1) the following new section: 
‘‘SEC. 33. RESEARCH AND DEVELOPMENT PROGRAM ON 
MANUFACTURING. 
‘‘(a) ESTABLISHMENT.—The Director shall establish 
a program of assistance to institutions of higher education 
or nonprofit research institutions that enter into partner-
ships with for-profit entities to support, promote, and en-
hance manufacturing research and development. The pro-
gram shall— 
‘‘(1) include multidisciplinary research; and 
‘‘(2) include research directed toward address-
ing the needs identified through the Under Secretary 
of Commerce for Manufacturing and Technology, 
the Office of Manufacturing and Technology Policy, 
and the Manufacturing Advisory Board. 
‘‘(b) FELLOWSHIPS.—In order to promote the devel-
opment of a robust research community working at the 
leading edge of manufacturing sciences, the Director shall 
establish a program to award— 
‘‘(1) postdoctoral research fellowships to indi-
viduals who are seeking research positions at institu-
tions, including the Institute, engaged in research 
activities related to manufacturing sciences; and 
‘‘(2) senior research fellowships to individuals 
seeking research positions at institutions, including 
the Institute, engaged in research activities related 
to manufacturing sciences. To be eligible for an 
award under this subsection, an individual shall sub-
mit an application to the Director at such time, in 
such manner, and containing such information as 
the Director may require. Under this subsection, the
Director shall provide stipends for postdoctoral re-
search fellowships at a level consistent with the In-
stitute’s Post Doctoral Research Fellowship Pro-
gram, and senior research fellowships at levels con-
sistent with support for a faculty member in a sab-
batical position. 
‘‘(c) AWARDS, APPLICATIONS.—The Director is au-
thorized to award grants or cooperative agreements to in-
stitutions of higher education to carry out the program 
established under subsection (a). To be eligible for an 
award under such subsection, an institution shall submit 
an application to the Director at such time, in such man-
ner, and containing such information as the Director may 
require. The application shall include, at minimum, a de-
scription of how the for-profit entities and any other part-
ners will participate in developing and carrying out the 
research agenda of the partnership. 
‘‘(d) PROGRAM OPERATION.—(1) The program es-
tablished under subsection (a) shall be managed by indi-
viduals who have expertise in research related to manufac-
turing technology. The Director shall designate such indi-
viduals program managers. 
‘‘(2) Program managers designated under paragraph 
(1) may be new or existing employees of the Institute or
individuals on assignment at the Institute under the Inter-
governmental Personnel Act of 1970. 
‘‘(3) Program managers designated under paragraph 
(1) shall be responsible for— 
‘‘(A) establishing and publicizing the broad re-
search and development goals for the program; 
‘‘(B) soliciting applications for specific research 
projects to address the goals developed under sub-
paragraph (A); and 
‘‘(C) selecting research projects for support 
under the program from among applications sub-
mitted to the Institute, following consideration of— 
‘‘(i) the novelty and scientific and technical 
merit of the proposed projects; 
‘‘(ii) the demonstrated capabilities of the 
individual or individuals submitting the applica-
tions to successfully carry out the proposed re-
search; 
‘‘(iii) the impact the proposed projects will 
have on increasing the number of individuals 
with 
research 
expertise 
in 
manufacturing 
sciences; and 
‘‘(iv) the nature of the participation by for- 
profit entities and the extent to which the pro-
posed projects address the concerns of industry.
‘‘(e) REVIEW
OF PROGRAM.—The Director shall 
enter into an arrangement with the National Academy of 
Sciences for a comprehensive review of the program estab-
lished under subsection (a) during the third year of the 
program. Such review shall include an assessment of the 
quality and utility of the research conducted and the rel-
evance of the research results obtained to the goals of the 
program. The Director shall submit a report to Congress 
on the results of the review under this subsection not later 
than 4 years after the initiation of the program. 
‘‘(f) DEFINITION.—For the purposes of this section 
the term ‘institution of higher education’ has the meaning 
given that term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001).’’. 
SEC. 106. ADVANCED TECHNOLOGY PROGRAM. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Com-
merce for the Advanced Technology Program under sec-
tion 28 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n)— 
(1) $219,400,000 for fiscal year 2004, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences;
(2) $262,900,000 for fiscal year 2005, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences; 
(3) $280,900,000 for fiscal year 2006, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences; and 
(4) $290,400,000 for fiscal year 2007, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences. 
(b) UNIVERSITY
LEADERSHIP
OF
JOINT
VEN-
TURES.— 
(1) JOINT VENTURE AID.—Section 28(b)(1) of 
the National Institute of Standards and Technology 
Act (15 U.S.C. 278n(b)(1)) is amended by striking 
‘‘industry-led United States’’ and all that follows 
through ‘‘organizations)’’ and inserting ‘‘joint ven-
tures’’. 
(2) DEFINITION.—Section 28(j)(1) of the Na-
tional Institute of Standards and Technology Act 
(15 U.S.C. 278n(j)(1)) is amended by striking ‘‘two 
or more persons’’ and inserting ‘‘a combination of 
two or more persons (which shall include at least
two companies, each of which participates substan-
tially in the joint venture, and may include one or 
more institutions of higher education or nonprofit 
organizations)’’. 
(c) INTELLECTUAL
PROPERTY
RIGHTS
OWNER-
SHIP.—Section 28(d)(11) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278n(d)(11)) 
is amended by striking ‘‘(11)(A)’’ and all that follows 
through ‘‘with such intellectual property.’’ and inserting 
the following: 
‘‘(11)(A) Title to any intellectual property de-
veloped by a joint venture from assistance provided 
under this section may vest in any participant in the 
joint venture, as agreed by the members of the joint 
venture, notwithstanding section 202(a) and (b) of 
title 35, United States Code. The United States may 
reserve a nonexclusive, nontransferable, irrevocable, 
paid-up license, to have practiced for or on behalf of 
the United States in connection with any such intel-
lectual property, but shall not, in the exercise of 
such license, publicly disclose proprietary informa-
tion related to the license. Title to any such intellec-
tual property shall not be transferred or passed, ex-
cept to a participant in the joint venture, until the
expiration of the first patent obtained in connection 
with such intellectual property.’’. 
(d) BARRIERS TO PRODUCT DEVELOPMENT.—Sec-
tion 28(d) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n(d)) is amended by add-
ing at the end the following new paragraph: 
‘‘(12) No contract or award may be made under 
this section for any project unless the project may 
remove a scientific or technological barrier to prod-
uct development.’’. 
(e) PROJECT REVIEW AND EVALUATION.—Section 
28(g) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n(g)) is amended to read as 
follows: 
‘‘(g) INDUSTRY
AND
PEER
REVIEW
OF
PRO-
POSALS.—(1) In order to analyze the need for or the value 
of any proposal made by a joint venture or company re-
questing the Secretary’s assistance under this section, or 
to monitor the progress of any project which receives 
funds under this section, the Secretary, the Under Sec-
retary of Commerce for Manufacturing and Technology, 
and the Director may, notwithstanding any other provision 
of law, meet with such industry and other expert sources, 
without a proprietary or financial interest in proposals 
being evaluated, as they consider useful and appropriate.
‘‘(2) In order to better assess whether specific innova-
tions to be pursued are being adequately supported by the 
private sector, the Director shall conduct a study of, and 
thereafter monitor, whether the Secretary, the Undersec-
retary of Commerce for Manufacturing and Technology, 
and the Director could benefit from advice and informa-
tion from additional industry and other expert sources, 
without a proprietary or financial interest in proposals 
being evaluated. Not later than one year after the date 
of the enactment of this Act, and biennially thereafter, the 
Director shall transmit to the Congress a report con-
taining the results of the study and monitoring under this 
paragraph.’’. 
TITLE II—WTO DISPUTE SETTLE-
MENT REVIEW COMMISSION 
SEC. 201. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the WTO Dispute Settlement Re-
view Commission (in this title referred to as the ‘‘Commis-
sion’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 5 members, all of whom shall be judges 
of the Federal judicial circuits and shall be ap-
pointed by the President, after consultation with the
Majority Leader and Minority Leader of the House 
of Representatives, and the Majority Leader and Mi-
nority Leader of the Senate. 
(2) DATE.—The appointments of the members 
of the Commission shall be made no later than 60 
days after the date of the enactment of this Act. 
(3) IN GENERAL.—Members of the Commission 
first appointed shall each be appointed for a term of 
5 years. After the initial 5-year term, 3 members of 
the Commission shall be appointed for terms of 3 
years and the remaining 2 members shall be ap-
pointed for terms of 2 years. 
(4) VACANCIES.— 
(A) IN
GENERAL.—Any vacancy on the 
Commission shall not affect its powers, but 
shall be filled in the same manner as the origi-
nal appointment and shall be subject to the 
same conditions as the original appointment. 
(B) UNEXPIRED
TERM.—An individual 
chosen to fill a vacancy shall be appointed for 
the unexpired term of the member replaced. 
SEC. 202. DUTIES OF THE COMMISSION. 
(a) REVIEW OF WTO DISPUTE SETTLEMENT RE-
PORTS.—
(1) IN GENERAL.—The Commission shall re-
view— 
(A) all reports of dispute settlement panels 
or the Appellate Body of the World Trade Or-
ganization in proceedings initiated by other par-
ties to the WTO which are adverse to the 
United States and which are adopted by the 
Dispute Settlement Body, and 
(B) upon request of the United States 
Trade Representative, any other report of a dis-
pute settlement panel or the Appellate Body 
which is adopted by the Dispute Settlement 
Body. 
(2) SCOPE OF REVIEW.—In the case of reports 
described in paragraph (1), the Commission shall re-
view the report and determine whether— 
(A) the panel or the Appellate Body, as the 
case may be, exceeded its authority or its terms 
of reference; 
(B) the panel or the Appellate Body, as 
the case may be, added to the obligations of or 
diminished the rights of the United States 
under the Uruguay Round agreement which is 
the subject of report;
(C) the panel or the Appellate Body, as the 
case may be, acted arbitrarily or capriciously, 
engaged in misconduct, or demonstrably de-
parted from the procedures specified for panels 
and Appellate Bodies in the applicable Uruguay 
Round Agreement; and 
(D) the report of the panel or the Appel-
late Body, as the case may be, deviated from 
the applicable standard of review, including, in 
antidumping, countervailing duty, and other un-
fair trade remedy cases, the standard of review 
set forth in Article 17.6 of the Agreement on 
Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994. 
(3) AFFIRMATIVE
DETERMINATION.—If the 
Commission makes an affirmative determination 
with respect to the action of a panel or an Appellate 
Body under subparagraph (A), (B), (C), or (D) of 
paragraph (2), the Commission shall determine 
whether the action of the panel or Appellate Body 
materially affected the outcome of the report of the 
panel or Appellate Body. 
(b) DETERMINATION; REPORT.— 
(1) DETERMINATION.—No later than 120 days 
after the date on which a report of a panel or Appel-
late Body described in subsection (a)(1) is adopted 
by the Dispute Settlement Body, the Commission 
shall make a written determination with respect to 
matters described in subsections (a)(2) and (a)(3). 
(2) REPORTS.—The Commission shall report 
the determinations described in paragraph (1) to the 
Congress. 
SEC. 203. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Commission 
considers advisable to carry out the purposes of this title. 
(b) INFORMATION FROM INTERESTED PARTIES AND 
FEDERAL AGENCIES.— 
(1) NOTICE OF PANEL OR APPELLATE BODY 
REPORT.—The United States Trade Representative 
shall advise the Commission no later than 5 days 
after the date the Dispute Settlement Body adopts 
the report of a panel or Appellate Body that is ad-
verse to the United States and shall immediately 
publish notice of such advice in the Federal Reg-
ister, along with notice of an opportunity for inter-
ested parties to submit comments to the Commis-
sion.
(2) SUBMISSIONS AND REQUESTS FOR INFOR-
MATION.—Any interested party may submit com-
ments to the Commission regarding the panel or Ap-
pellate Body report. The Commission may also se-
cure directly from any Federal department or agency 
such information as the Commission considers nec-
essary to carry out the provisions of this title. Upon 
request of the Chairman of the Commission, the 
head of such department or agency shall furnish 
such information to the Commission. 
(3) ACCESS TO PANEL AND APPELLATE BODY 
DOCUMENTS.—The United States Trade Representa-
tive shall make available to the Commission all sub-
missions and relevant documents relating to the 
panel or Appellate Body report, including any infor-
mation contained in such submissions that is identi-
fied by the provider of the information as propri-
etary information or information treated as con-
fidential by a foreign government. 
SEC. 204. REVIEW OF DISPUTE SETTLEMENT PROCEDURES 
AND PARTICIPATION IN THE WTO. 
(a) AFFIRMATIVE REPORT BY COMMISSION.— 
(1) IN
GENERAL.—If a joint resolution de-
scribed in subsection (b)(1) is enacted into law pur-
suant to the provisions of subsection (c), the Presi-
dent shall undertake negotiations to amend or mod-
ify the rules and procedures of the Understanding 
on Rules and Procedures Governing the Settlement 
of Disputes to which such joint resolution relates. 
(2) 3 AFFIRMATIVE
REPORTS
BY
COMMIS-
SION.—If a joint resolution described in subsection 
(b)(2) is enacted into law pursuant to the provisions 
of subsection (c), the approval of the Congress, pro-
vided under section 101(a) of the Uruguay Round 
Agreements Act, of the WTO Agreement shall cease 
to be effective in accordance with the provisions of 
the joint resolution and the United States shall 
cease to be a member of the WTO. 
(b) JOINT RESOLUTIONS DESCRIBED.— 
(1) IN GENERAL.—For purposes of subsection 
(a)(1), a joint resolution is described in this para-
graph, 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 Con-
gress authorizes and directs the President to under-
take negotiations to amend or modify the rules and 
procedures of the Understanding on Rules and Pro-
cedures Governing the Settlement of Disputes relat-
ing to ll with respect to the affirmative deter-
mination submitted to the Congress by the WTO
Dispute Settlement Review Commission on ll’’, 
the first blank space being filled with the specific 
rules and procedures with respect to which the 
President is to undertake negotiations and the sec-
ond blank space being filled with the date of the af-
firmative determination submitted to the Congress 
by the Commission pursuant to section 202(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 re-
solving clause of such joint resolution is as follows: 
‘‘That the Congress authorizes and directs the Presi-
dent 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 ll with respect to the affirm-
ative report submitted to the Congress by the WTO 
Dispute Settlement Review Commission on ll and 
if such negotiations do not result in a satisfactory 
solution by ll, the Congress withdraws its ap-
proval, provided under section 101(a) of the Uru-
guay Round Agreements Act, of the WTO Agree-
ment 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 President 
is to undertake negotiations, the second blank space 
being filled with the date of the affirmative deter-
mination submitted to the Congress by the Commis-
sion pursuant to section 202(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 de-
scribed 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 affirma-
tive determination from the Commission de-
scribed in section 202(b); or 
(B) in the case of a joint resolution de-
scribed in subsection (b)(2), the Commission 
has made 3 affirmative determinations de-
scribed in section 202(b) during a 5-year pe-
riod, and the Congress adopts and transmits 
the joint resolution to the President before the 
end of the 90-day period (excluding any day de-
scribed in section 154(b) of the Trade Act of 
1974), beginning on the date on which the Con-
gress receives the third such affirmative deter-
mination. 
(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 sec-
tion 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 Commis-
sion transmits to the Congress an affirmative 
determination under section 202(b), and before
the end of the 90-day period referred to in sub-
paragraph (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 pro-
visions of this subsection, the provisions of sub-
sections (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 sec-
tion. 
(B) REPORT
OR
DISCHARGE
OF
COM-
MITTEE.—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 de-
scribed 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 ap-
propriate calendar. 
(C) FINANCE AND WAYS AND MEANS COM-
MITTEES.—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 com-
mittee has been discharged under subpara-
graph (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 dis-
charged under subparagraph (B). 
(D) SPECIAL RULE FOR HOUSE.—A mo-
tion 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 con-
sider a joint resolution (other than a joint resolution
received from the other House), if that House has 
previously adopted a joint resolution under this sec-
tion 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, re-
spectively, and as such is deemed a part of the rules 
of each House, respectively, and such procedures su-
persede other rules only to the extent that they are 
inconsistent with such other rules; and 
(2) with the full recognition of the constitu-
tional 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 ex-
tent as any other rule of that House. 
SEC. 205. PARTICIPATION IN WTO PANEL PROCEEDINGS. 
(a) IN GENERAL.—If the United States Trade Rep-
resentative, 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 determina-
tion of the United States Government,
a private United States person that is supportive of the 
position of United States Government before the panel or 
Appellate Body and that has a direct economic interest 
in the resolution by the panel or the Appellate Body of 
the matters in dispute shall be permitted to participate 
in consultations and panel proceedings with respect to 
those matters. The Trade Representative shall issue regu-
lations, 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 de-
scribed in subsection (a) all information presented to or 
otherwise obtained by the Trade Representative in connec-
tion with a WTO dispute settlement proceeding. The 
United States Trade Representative shall promulgate reg-
ulations implementing a protective order system to protect 
information designated as confidential by the party sub-
mitting the information. 
(c) PARTICIPATION IN PANEL PROCESS.—Upon re-
quest from a person described in subsection (a), the 
United States Trade Representative shall— 
(1) consult in advance with such person regard-
ing 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 mem-
ber of the delegation in sessions of the dispute set-
tlement panel; 
(3) where such person or representative, as the 
case may be, would bring special knowledge to the 
proceeding, allow such person or representative to 
appear before the panel, directly or through counsel, 
under the supervision of responsible United States 
Government officials; and 
(4) in proceedings involving confidential infor-
mation, allow appearance of such person only 
through counsel. 
SEC. 206. DEFINITIONS. 
In this title: 
(1) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established under 
Article 17.1 of the Dispute Settlement Under-
standing. 
(2) ADVERSE TO THE UNITED STATES.—The 
term ‘‘adverse to the United States’’, with respect to 
a report of a dispute settlement panel or the Appel-
late Body, includes any report which holds any law, 
regulation, or application thereof by an agency of 
the Federal Government or of a State or local gov-
ernment in the United States to be inconsistent with 
obligations of the United States under a Uruguay 
Round Agreement (or a nullification or impairment 
thereof), whether or not there are other elements of 
the report 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 Set-
tlement Body administering the rules and proce-
dures set forth in the Dispute Settlement Under-
standing. 
(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 Agree-
ments Act. 
(6) URUGUAY ROUND AGREEMENT.—The term 
‘‘Uruguay Round Agreement’’ means any of the 
agreements described in section 101(d) of the Uru-
guay 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. 
TITLE III—REFORM OF EXPORT- 
IMPORT 
BANK 
AND 
OVER-
SEAS 
PRIVATE 
INVESTOR 
CORPORATION 
SEC. 301. RESTRICTIONS ON EXPORT-IMPORT BANK ASSIST-
ANCE. 
Section 2 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635) is amended by adding at the end the fol-
lowing: 
‘‘(g) UNITED STATES CONTENT REQUIREMENTS.— 
Notwithstanding any other provision of law, the Bank may 
not guarantee, insure, extend credit, or participate in the 
extension of credit in connection with any project or activ-
ity that involves the production of any commodity less 
than 80 percent of the value of which is attributable to 
content produced, manufactured, mined, or grown in the 
United States.’’.
SEC. 302. RESTRICTIONS ON THE OVERSEAS PRIVATE IN-
VESTMENT CORPORATION. 
Section 231A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2191a) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) UNITED STATES CONTENT REQUIREMENTS.— 
Notwithstanding any other provision of law, the Corpora-
tion may not insure, reinsure, guarantee, or finance a 
project if the project involves the production of any com-
modity less than 80 percent of the value of which is attrib-
utable to content produced, manufactured, mined, or 
grown in the United States.’’. 
TITLE IV—CURRENCY 
MANIPULATION 
SEC. 401. NEGOTIATION PERIOD REGARDING CURRENCY 
MANIPULATION. 
Beginning on the date of the enactment of this Act, 
the President shall begin bilateral and multilateral nego-
tiations for a 90-day period with those governments of 
countries that the President determines are engaged most 
egregiously in currency manipulation, for the purpose of 
seeking a prompt and orderly end to such currency manip-
ulation and ensuring that the currencies of those countries
are freely traded on international currency markets, or are 
established at a level that reflects a more appropriate and 
accurate market value. The President shall seek support 
in this process from international organizations and other 
countries and regions adversely affected by such currency 
manipulation. 
SEC. 402. FINDINGS OF FACT AND REPORT REGARDING 
CURRENCY MANIPULATION. 
(a) IN GENERAL.—During the 90-day negotiation pe-
riod described in section 401, the International Trade 
Commission shall— 
(1) examine in detail how countries have en-
gaged in currency manipulation to increase their ex-
ports to the United States and limit their imports of 
United States products; 
(2) quantify the extent of such currency manip-
ulation; 
(3) examine in detail how such currency manip-
ulation has affected and will continue to affect 
United States manufacturers and United States 
trade levels, both for imports and exports; 
(4) review whether and to what extent reduc-
tion of currency manipulation and the accumulation 
of dollar-denominated currency reserves and public
debt instruments might adversely affect United 
States interest rates and public debt financing; 
(5) determine all available mechanisms for re-
dress under applicable international trade agree-
ments, including the Articles of Agreement of the 
International Monetary Fund, the GATT 1994 (as 
defined in section 2 of the Uruguay Round Agree-
ments Act), and other Uruguay Round Agreements 
(as defined in section 2 of that Act), and under 
United States trade laws; and 
(6) examine other relevant matters in connec-
tion with the issues described in paragraphs (1) 
through (5). 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the International Trade 
Commission shall provide a detailed report to the Presi-
dent, the United States Trade Representative, the Sec-
retary of the Treasury, and the appropriate congressional 
committees on the findings made under subsection (a). 
SEC. 403. PROCEEDINGS REGARDING CURRENCY MANIPU-
LATION. 
(a) PROCEEDING.—At the end of the 90-day negotia-
tion period provided for in section 401, if agreements are 
not reached by the President to promptly end the currency 
manipulation with respect to which the negotiations were
conducted, the President shall institute proceedings under 
the relevant provisions of international law and United 
States trade laws, including section 301 of the Trade Act 
of 1974, with respect to those countries that, based on 
the findings of the International Trade Commission under 
section 402, continue to engage in the most egregious cur-
rency manipulation. In such proceedings, the President 
shall, in addition to seeking a prompt end to currency ma-
nipulation, seek appropriate compensation for the dam-
ages incurred by manufacturers and other affected parties 
in the United States as a result of the currency manipula-
tion. 
(b) REPORT TO CONGRESS IF NO ACTION TAKEN.— 
If the President does not enter into negotiations with any 
country under section 401, or if the President does not 
institute proceedings under this section, the President 
shall, not later than 120 days after the date of the enact-
ment of this Act, provide to the appropriate congressional 
committees a detailed explanation of why he has not done 
so. 
SEC. 404. ADDITIONAL REPORTS AND RECOMMENDATIONS. 
(a) NATIONAL SECURITY.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide a detailed report to the appro-
priate congressional committees evaluating the effects on