(3) NO DEFERENCE.—Applying the standards 
set forth in paragraph (2) does not require deference 
to findings of law made by the dispute settlement 
panel or the Appellate Body, as the case may be. 
(b) DETERMINATION; REPORT.— 
(1) DETERMINATION.— 
(A) IN
GENERAL.—Not later than 150 
days after the date on which the Commission 
receives notice of a report or request under sec-
tion 405(b), the Commission shall make a writ-
ten determination with respect to the matters 
described in paragraph (2) of subsection (a), in-
cluding a full analysis of the basis for its deter-
mination. A vote by a majority of the members 
of the Commission shall constitute a determina-
tion of the Commission, although the members 
need not agree on the basis for their vote. 
(B) DISSENTING
OR
CONCURRING
OPIN-
IONS.—Any member of the Commission who 
disagrees with a determination of the Commis-
sion or who concurs in such a determination on 
a basis different from that of the Commission 
or other members of the Commission, may write 
an opinion expressing such disagreement or 
concurrence, as the case may be. 
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(2) REPORT.—The Commission shall promptly 
report the determinations described in paragraph 
(1)(A) to the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
nance of the Senate. The Commission shall include 
with the report any opinions written under para-
graph (1)(B) with respect to the determination. 
(c) AVAILABILITY TO THE PUBLIC.—Each report of 
the Commission under subsection (b)(2), together with the 
opinions included with the report, shall be made available 
to the public. 
SEC. 405. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold a public 
hearing to solicit views concerning a report of a dispute 
settlement panel or the Appellate Body described in sec-
tion 404(a)(1), if the Commission considers such hearing 
to be necessary to carry out the purpose of this title. The 
Commission shall provide reasonable notice of a hearing 
held pursuant to this subsection. 
(b) INFORMATION FROM INTERESTED PARTIES AND 
FEDERAL AGENCIES.— 
(1) NOTICE TO COMMISSION.— 
(A) UNDER SECTION 404(a)(1)(A).—The 
Trade Representative shall advise the Commis-
sion not later than 5 business days after the 
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date the Dispute Settlement Body adopts a re-
port of a panel or the Appellate Body that is 
to be reviewed by the Commission under section 
404(a)(1)(A). 
(B) UNDER SECTION 404(a)(1)(B).—The 
Committee on Ways and Means or the Com-
mittee on Finance, as the case may be, may 
make and notify the Commission of a request 
under section 404(a)(1)(B) not later than 1 
year after the Dispute Settlement Body adopts 
the report that is the subject of the request. 
(C) REPORTS
ADOPTED
PRIOR
TO
AP-
POINTMENT OF COMMISSION.—With respect to 
any report to which section 404(a)(1)(B) ap-
plies and that is adopted before the date on 
which the first members of the Commission are 
appointed under section 403(b)(2), the Com-
mittee on Ways and Means or the Committee 
on Finance, as the case may be, may make and 
notify the Commission of a request under sec-
tion 404(a)(1)(B) with respect to that report 
not later than 1 year after the date on which 
the first members of the Commission are ap-
pointed under section 403(b)(2). 
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(2) SUBMISSIONS AND REQUESTS FOR INFOR-
MATION.— 
(A) IN GENERAL.—The Commission shall 
promptly publish in the Federal Register notice 
of the notice received under paragraph (1) from 
the Trade Representative, the Committee on 
Ways and Means, or the Committee on Fi-
nance, as the case may be, along with notice of 
an opportunity for interested parties to submit 
written comments to the Commission. The 
Commission shall make comments submitted 
pursuant to the preceding sentence available to 
the public. 
(B) INFORMATION FROM FEDERAL AGEN-
CIES
AND
DEPARTMENTS.—The Commission 
may also secure directly from any Federal de-
partment or agency such information as the 
Commission considers necessary to carry out 
the provisions of this title. Upon the request of 
the chairperson of the Commission, the head of 
such department or agency shall furnish the in-
formation requested to the Commission in a 
timely manner. 
(3) ACCESS TO PANEL AND APPELLATE BODY 
DOCUMENTS.— 
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(A) IN GENERAL.—The Trade Representa-
tive shall make available to the Commission all 
submissions and relevant documents relating to 
a report of a panel or the Appellate Body de-
scribed in section 404(a)(1), including any in-
formation contained in such submissions identi-
fied by the provider of the information as pro-
prietary information or information designated 
as confidential by a foreign government. 
(B) 
PUBLIC
ACCESS.—Any 
document 
which the Trade Representative submits to the 
Commission shall be available to the public, ex-
cept information which is identified as propri-
etary or confidential or the disclosure of which 
would otherwise violate the rules of the WTO. 
(c) ASSISTANCE FROM FEDERAL AGENCIES; CON-
FIDENTIALITY.— 
(1) ADMINISTRATIVE ASSISTANCE.—Any agency 
or department of the United States that is des-
ignated by the President shall provide administrative 
services, funds, facilities, staff, or other support 
services to the Commission to assist the Commission 
with the performance of the Commission’s functions. 
(2) CONFIDENTIALITY.—The Commission shall 
protect from disclosure any document or information 
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submitted to it by a department or agency of the 
United States which the agency or department re-
quests be kept confidential. The Commission shall 
not be considered to be an agency for purposes of 
section 552 of title 5, United States Code. 
SEC. 406. REPORT BY UNITED STATES TRADE REPRESENTA-
TIVE. 
(a) IN GENERAL.—Not later than 90 days after the 
third instance in which the Commission, under section 
402(a)(2), advises Congress in the affirmative with respect 
to one or more actions specified in section 402(a)(2)(A), 
the United States Trade Representative shall submit to 
the congressional committees specified in subsection (c) a 
report detailing a course of action for reforming the WTO 
dispute settlement process so as to ensure that dispute set-
tlement panels and the Appellate Body do not take actions 
specified in section 402(a)(2)(A). 
(b) FOLLOW-UP REPORTS.—Once the United States 
Trade Representative submits to the congressional com-
mittees a report under subsection (a), the United States 
Trade Representative shall thereafter submit to those 
committees, not less frequently than once every six 
months, a report detailing the progress made with respect 
to reforming the WTO dispute settlement process (as de-
scribed in subsection (a)). 
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(c) SPECIFIED COMMITTEES.—The committees re-
ferred to in subsection (a) are the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee on Finance of the Senate. 
SEC. 407. DEFINITIONS. 
In this title: 
(1) ADVERSE
FINDING.—The term ‘‘adverse 
finding’’ means— 
(A) in a proceeding of a panel or the Ap-
pellate Body that is initiated against the United 
States, a finding by the panel or the Appellate 
Body that any law or regulation of, or applica-
tion thereof by, the United States, or any State, 
is inconsistent with the obligations of the 
United States under a Uruguay Round Agree-
ment (or nullifies or impairs benefits accruing 
to a WTO member under such an Agreement); 
or 
(B) in a proceeding of a panel or the Ap-
pellate Body in which the United States is a 
complaining party, any finding by the panel or 
the Appellate Body that a measure of the party 
complained against is not inconsistent with that 
party’s obligations under a Uruguay Round 
Agreement (or does not nullify or impair bene-
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fits accruing to the United States under such 
an Agreement). 
(2) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established by the 
Dispute Settlement Body pursuant to Article 17.1 of 
the Dispute Settlement Understanding. 
(3) DISPUTE
SETTLEMENT
BODY.—The term 
‘‘Dispute Settlement Body’’ means the Dispute Set-
tlement Body established pursuant to the Dispute 
Settlement Understanding. 
(4) DISPUTE
SETTLEMENT
PANEL; PANEL.— 
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 
mean a panel established pursuant to Article 6 of 
the Dispute Settlement Understanding. 
(5) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
means the Understanding on Rules and Procedures 
Governing the Settlement of Disputes referred to in 
section 101(d)(16) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(16)). 
(6) TERMS OF REFERENCE.—The term ‘‘terms 
of reference’’ has the meaning given such term in 
the Dispute Settlement Understanding. 
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(7) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
(8) URUGUAY ROUND AGREEMENT.—The term 
‘‘Uruguay Round Agreement’’ means any of the 
Agreements described in section 101(d) of the Uru-
guay Round Agreements Act. 
(9) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien ad-
mitted for permanent residence into the United 
States; and 
(B) a corporation, partnership, or other 
legal entity organized under the laws of the 
United States or of any State, the District of 
Columbia, or any commonwealth, territory, or 
possession of the United States. 
(10) WORLD TRADE ORGANIZATION; WTO.—The 
terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 
mean the organization established pursuant to the 
WTO Agreement. 
(11) WTO AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
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(12) WTO MEMBER.—The term ‘‘WTO mem-
ber’’ has the meaning given that term in section 
2(10) of the Uruguay Round Agreements Act (19 
U.S.C. 3501(10)). 
SEC. 408. EFFECTIVE DATE. 
This title shall take effect on the date of the enact-
ment of this Act. 
TITLE V—STEEL IMPORT 
LICENSING AND MONITORING 
SEC. 501. MAINTENANCE AND EXPANSION OF STEEL IM-
PORT LICENSING AND MONITORING PRO-
GRAM. 
(a) MAINTENANCE OF PROGRAM.—The steel import 
licensing and monitoring program established by the Sec-
retary of the Treasury and the Secretary of Commerce 
pursuant to the Memorandum signed by the President on 
March 5, 2002 (67 Fed. Reg. 10593 through 10597) (pur-
suant to the authority of the President under section 
203(g) of the Trade Act of 1974), shall, notwithstanding 
any other action taken by the President under section 203 
of the Trade Act of 1974 concerning the steel products 
described in the Memorandum, remain in effect and be 
established by the Secretary of Commerce as a permanent 
program. 
(b) EXPANSION OF PROGRAM.— 
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(1) IN GENERAL.—In carrying out the program 
in accordance with subsection (a), the Secretary of 
the Treasury and the Secretary of Commerce shall 
expand the program to include all iron and steel, 
and all articles of iron or steel, described in para-
graph (2). The import and licensing data made 
available to the public as part of this program shall 
be released based upon classifications at the tenth 
digit level of the Harmonized Tariff Schedule of the 
United States. 
(2) IRON
AND
STEEL
DESCRIBED.—The iron 
and steel, and articles of iron or steel, referred to in 
subparagraph (A) are the iron and steel, and articles 
of iron or steel, contained in the following headings 
and subheadings of the Harmonized Tariff Schedule 
of the United States: 
(A) Each of the headings 7206 through 
7229 (relating to mill products). 
(B) Each of the headings 7301 through 
7307 (relating to rails, structurals, pipe and 
tubes, and fittings and flanges). 
(C) Heading 7308 (relating to fabricated 
structurals). 
(D) Subheading 7310.10.00 (relating to 
barrels and drums). 
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(E) Heading 7312 (relating to strand and 
rope). 
(F) Heading 7313.00.00 (relating to 
barbed and fence wire). 
(G) Headings 7314, 7315, and 7317.00 
(relating to fabricated wire). 
(H) Heading 7318 (relating to industrial 
fasteners). 
(I) Heading 7326 (relating to fence posts). 
(c) ADDITIONAL AUTHORITY.—The Secretary of the 
Treasury and the Secretary of Commerce are hereby au-
thorized and directed to take such actions as are nec-
essary— 
(1) to maintain the program described in sub-
section (a) in accordance with such subsection; and 
(2) to expand, as necessary and appropriate, 
such program in accordance with subsection (b). 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. CONSTRUCTION. 
The amendments made by this Act shall not be con-
strued to create any inference with respect to the interpre-
tation of the provisions of law amended by this Act as 
such provisions were in effect before the enactment of this 
Act. 
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SEC. 602. APPLICATION TO GOODS FROM CANADA AND 
MEXICO. 
Pursuant to section 1902 of the North American 
Free Trade Agreement and section 408 of the North 
American Free Trade Agreement Implementation Act, the 
amendments made by this Act shall apply to goods from 
Canada and Mexico. 
SEC. 603. PARTICIPATION IN WTO PANEL PROCEEDINGS. 
(a) IN GENERAL.—If the United States Trade 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-
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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 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, if appropriate, such person or its 
appropriate representative as an advisory member of 
the delegation in sessions of the dispute settlement 
panel; 
(3) allow such special delegation member, if 
such member would bring special knowledge to the 
proceeding, to appear before the panel, directly or 
through counsel, under the supervision of responsible 
United States Government officials; and 
(4) in proceedings involving confidential infor-
mation, allow the appearance of such person only 
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through counsel as a member of the special delega-
tion. 
(d) DEFINITIONS.—In this section: 
(1) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established under 
Article 17.1 of the Dispute Settlement Under-
standing. 
(2) DISPUTE
SETTLEMENT
PANEL; PANEL.— 
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 
mean a panel established pursuant to Article 6 of 
the Dispute Settlement Understanding. 
(3) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
means the Understanding on Rules and Procedures 
Governing the Settlement of Disputes referred to in 
section 101(d)(16) of the Uruguay Round Agree-
ments Act. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien ad-
mitted for permanent residence into the United 
States; and 
(B) a corporation, partnership, or other 
legal entity organized under the laws of the 
United States or of any State, the District of 
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Columbia, or any commonwealth, territory, or 
possession of the United States. 
(5) WTO.—The term ‘‘WTO’’ means the orga-
nization established pursuant to the WTO Agree-
ment. 
(6) WTO 
AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
Æ 
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