101
(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 the Appellate Body that is
adverse 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-
102
mation contained in such submissions identified by
the provider of the information as proprietary infor-
mation or information treated as confidential by a
foreign government.
SEC. 4106. REVIEW OF DISPUTE SETTLEMENT PROCE-
DURES 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 United
States Trade Representative shall undertake nego-
tiations to amend or modify the rules and proce-
dures of the Dispute Settlement Understanding 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.—
103
(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 United States Trade
Representative to undertake negotiations to amend
or modify the rules and procedures of the Under-
standing on Rules and Procedures Governing the
Settlement of Disputes relating to ll with respect
to the affirmative determination 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 re-
spect to which the Trade Representative is to under-
take negotiations and the second blank space being
filled with the date of the affirmative determination
submitted to the Congress by the Commission pursu-
ant to section 4104(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 resolv-
ing clause of such joint resolution is as follows:
104
‘‘That the Congress authorizes and directs the
United States Trade Representative to undertake
negotiations to amend or modify the rules and proce-
dures of the Understanding on Rules and Proce-
dures Governing the Settlement of Disputes relating
to ll with respect to the affirmative report sub-
mitted to the Congress by the WTO Dispute Settle-
ment Review Commission on ll and if such nego-
tiations do not result in a solution that the Trade
Representative, by ll, certifies to the Congress is
satisfactory, the Congress withdraws its approval,
provided under section 101(a) of the Uruguay
Round Agreements Act, of the WTO Agreement as
defined in section 2(9) of that Act’’, the first blank
space being filled with the specific rules and proce-
dures with respect to which the Trade Representa-
tive is to undertake negotiations, the second blank
space being filled with the date of the affirmative
determination submitted to the Congress by the
Commission pursuant to section 4104(b) which has
given rise to the joint resolution, and the third blank
space being filled with the date the Congress with-
draws its approval of the WTO Agreement.
(c) PROCEDURAL PROVISIONS.—
105
(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 4104(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 4104(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
106
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 described in section 4104(b), and
before the end of the 90-day period referred to
in subparagraph (A) or (B) of paragraph (1),
as the case may be.
(B) ANY
MEMBER
MAY
INTRODUCE.—A
joint resolution described in subsection (b) may
be introduced in either House of the Congress
by any Member of such House.
(4) EXPEDITED PROCEDURES.—
(A) GENERAL RULE.—Subject to the pro-
visions of this subsection, the provisions of sub-
107
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
108
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
109
(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. 4107. 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
United States Government’s position before the panel or
Appellate Body and that has a direct economic interest
in the panel’s or Appellate Body’s resolution of the mat-
ters in dispute shall be permitted to participate in con-
sultations and panel proceedings. The Trade Representa-
tive shall issue regulations, consistent with subsections (b)
and (c), ensuring full and effective participation by any
such private person.
(b) ACCESS TO INFORMATION.—The United States
Trade Representative shall make available to persons de-
scribed in subsection (a) all information presented to or
110
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 by the submitting member as con-
fidential.
(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) allow such special delegation member, where
such member would bring special knowledge to the
proceeding, to appear before the panel, directly or
through counsel, under the supervision of responsible
United States Government officials; and
(4) in proceedings involving confidential infor-
mation, allow appearance of such person only
111
through counsel as a member of the special delega-
tion.
SEC. 4108. DEFINITIONS.
For purposes of 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’’ includes any re-
port which holds any law, regulation, or application
thereof by a government agency to be inconsistent
with international obligations under a Uruguay
Round Agreement (or a nullification or impairment
thereof), whether or not there are other elements of
the decision which favor arguments made by the
United States.
(3) DISPUTE
SETTLEMENT
PANEL; PANEL.—
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’
mean a panel established pursuant to Article 6 of
the Dispute Settlement Understanding.
(4) DISPUTE
SETTLEMENT
BODY.—The term
‘‘Dispute Settlement Body’’ means the Dispute Set-
tlement Body administering the rules and proce-
112
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.
SEC. 4109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title such sums as may be necessary for fiscal year
2000 and each subsequent fiscal year.
Æ