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Administration’s investigations on pollution and
health hazards in and around the United States-
Mexico border zone since the implementation of the
NAFTA. The report shall include—
(A) a description and status report of all
industrial site cleanup and environmental im-
provement projects begun in the border zone
since January 1, 1994; and
(B) information on the incidence of air and
water pollution since January 1, 1990, and the
causes, levels, and types of pollution which have
occurred.
SEC. 104. CONSULTATION WITH CONGRESS.
The President shall consult regularly with the Con-
gress regarding the negotiations described in section 102.
The United States Trade Representative shall consult with
the appropriate committees of Congress in the develop-
ment of any technical and conforming amendments that
may be required to carry out the provisions of this Act.
SEC. 106. DEFINITIONS.
As used in this Act:
(1) NAFTA.—The term ‘‘NAFTA’’ means the
North American Free Trade Agreement entered into
between the United States, Canada, and Mexico on
December 17, 1992.
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(2) NAFTA 
PARTY.—The term ‘‘NAFTA
party’’ means the United States, Canada, or Mexico.
(3) UNITED STATES-MEXICO BORDER ZONE.—
The term ‘‘United States-Mexico border zone’’
means the area that comprises the 12-mile zone on
the Mexican side of the United States-Mexico border
and the counties within any State of the United
States that are contiguous with Mexico.
TITLE II—WTO DISPUTE SETTLEMENT
REVIEW COMMISSION ACT
SEC. 201. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The United States joined the World Trade
Organization as a founding member with the goal of
creating an improved global trading system.
(2) The American people must receive assur-
ances that United States sovereignty will be pro-
tected, and United States interests will be advanced,
within the global trading system which the WTO will
oversee.
(3) The survival of the new WTO requires the
continuation of both trade liberalization and the
ability to respond effectively to unfair or otherwise
harmful trade practices.
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(4) United States support for the WTO de-
pends upon obtaining mutual trade benefits through
the openness of foreign markets and the mainte-
nance of effective United States and WTO remedies
against unfair or otherwise harmful trade practices.
(5) Congress passed the Uruguay Round Agree-
ments Act based upon its understanding that effec-
tive trade remedies would not be eroded. These rem-
edies are essential to continue the process of opening
foreign markets to imports of goods and services and
to prevent harm to American industry and agri-
culture, particularly through foreign dumping and
subsidization.
(6) The continued support of the Congress for
the WTO is dependent upon a WTO dispute settle-
ment system that—
(A) operates in a fair and impartial man-
ner;
(B) does not add to the obligations of or
diminish the rights of the United States under
the Uruguay Round Agreements; and
(C) does not exceed its authority, scope, or
established standard of review.
(b) PURPOSE.—It is the purpose of this title to pro-
vide for the establishment of the WTO Dispute Settlement
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Review Commission to achieve the goals described in sub-
section (a)(6).
SEC. 202. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the WTO Dispute Settlement Re-
view Commission (hereafter in this Act referred to as the
‘‘Commission’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be
composed of five members all of whom shall be
judges of the Federal judicial circuits and shall be
appointed by the President, after consultation with
the majority leader and minority leader of the House
of Representatives, the majority leader and minority
leader of the Senate, the chairman and ranking
member of the Committee on Ways and Means of
the House of Representatives, and the chairman and
ranking member of the Committee on Finance 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.
(c) PERIOD OF APPOINTMENT; VACANCIES.—
(1) IN GENERAL.—Members of the Commission
first appointed shall each be appointed for a term of
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5 years. After the initial 5-year term, three members
of the Commission shall be appointed for terms of
3 years and the remaining two members shall be ap-
pointed for terms of 2 years.
(2) 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.
(d) INITIAL MEETING.—No later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold its first meet-
ing.
(e) MEETINGS.—The Commission shall meet at the
call of the Chairman.
(f) QUORUM.—A majority of the members of the
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings.
(g) CHAIRMAN AND VICE CHAIRMAN.—The Commis-
sion shall select a Chairman and Vice Chairman from
among its members.
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SEC. 203. 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 any re-
port described in paragraph (1), the Commission
shall review 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
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under the Uruguay Round Agreement which is
the subject of the 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 the Appellate Body in the applicable Uru-
guay 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, including the standard
of review set forth in article 17.6 of the Agree-
ment 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 the 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.—
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(1) DETERMINATION.—No later than 120 days
after the date on which a report of a panel or the
Appellate Body described in subsection (a)(1) is
adopted by the Dispute Settlement Body, the Com-
mission shall make a written determination with re-
spect to matters described in subsections (a)(2) and
(a)(3).
(2) REPORTS.—The Commission shall report
the determinations described in paragraph (1) to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate.
SEC. 204. 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 Act.
(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 the Appellate Body that is
adverse to the United States and shall immediately
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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 Act. 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 identified by
the provider of the information as proprietary infor-
mation or information treated as confidential by a
foreign government.
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SEC. 205. 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 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) THREE 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 two Houses
of Congress and the matter after the resolving
clause of such joint resolution is as follows: ‘‘That
the Congress authorizes and directs the United
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States Trade Representative to undertake negotia-
tions to amend or modify the rules and procedures
of the Understanding on Rules and Procedures Gov-
erning the Settlement of Disputes relating to XX
with respect to the affirmative determination sub-
mitted to the Congress by the WTO Dispute Settle-
ment Review Commission on XX’’, 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 and the second
blank space being filled with the date of the affirma-
tive determination submitted to the Congress by the
Commission pursuant to section 4(b) which has
given rise to the joint resolution.
(2) WITHDRAWAL RESOLUTION.—For purposes
of subsection (a)(2), a joint resolution is described
in this paragraph if it is a joint resolution of the two
Houses of Congress and the matter after the resolv-
ing clause of such joint resolution is as follows:
‘‘That the Congress authorizes and directs the Unit-
ed States Trade Representative to undertake nego-
tiations to amend or modify the rules and proce-
dures of the Understanding on Rules and Proce-
dures Governing the Settlement of Disputes relating
to XX with respect to the affirmative report submit-
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ted to the Congress by the WTO Dispute Settlement
Review Commission on XX and if such negotiations
do not result in a solution that the Trade Represent-
ative, by XX, certifies to the Congress is satisfac-
tory, the Congress withdraws its approval, provided
under section 101(a) of the Uruguay Round Agree-
ments Act, of the WTO Agreement as defined in
section 2(9) of that Act’’, the first blank space being
filled with the specific rules and procedures with re-
spect to which the Trade Representative is to under-
take negotiations, the second blank space being filled
with the date of the affirmative determination sub-
mitted to the Congress by the Commission pursuant
to section 4(b) which has given rise to the joint reso-
lution, and the third blank space being filled with
the date the Congress withdraws is 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