the imports, including whether there has been a sub-
stantial increase in imports over a short period of 
time, and any other circumstances indicating that 
delay in taking action under this chapter would 
cause damage to the industry that would be difficult 
to repair.’’; and 
(D) in paragraph (2)(D), by striking ‘‘30’’ 
and inserting ‘‘20’’. 
(c) PRESIDENTIAL DETERMINATIONS.— 
(1) ACTION BY PRESIDENT.—Section 203(a) of 
the Trade Act of 1974 (19 U.S.C. 2253(a)) is 
amended— 
(A) in paragraph (1)(A), by striking ‘‘and 
provide greater economic and social benefits 
than costs’’ and inserting ‘‘and will not have an 
adverse impact on the United States clearly 
greater than the benefits of such action’’; 
(B) in paragraph (2)(F), by striking ‘‘com-
pensation;’’ at the end of clause (iii) and insert-
ing the following: ‘‘compensation, except that 
the President shall give substantially greater 
weight to the factors set out in clause (i) than 
to those set out in clauses (ii) and (iii);’’; and 
(C) by amending paragraph (2)(I) to read 
as follows: 
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‘‘(I) the potential for harm to the national 
security of the United States; and’’. 
(2) 
IMPLEMENTATION
OF
ACTION
REC-
OMMENDED BY COMMISSION.—(A) Section 203(c) of 
the Trade Act of 1974 (19 U.S.C. 2253(c)) is 
amended by striking ‘‘90’’ and inserting ‘‘60’’. 
(B) Section 152(c)(1) of the Trade Act of 1974 
(19 U.S.C. 2192(c)(1)) is amended by striking ‘‘not 
counting any day which is excluded under section 
154(b),’’ and inserting ‘‘counting all calendar days 
in the case of a resolution described in subsection 
(a)(1)(A), and not counting any day which is ex-
cluded under section 154(b) in the case of a resolu-
tion described in subsection (a)(1)(B),’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 203(e)(6)(B) of the Trade Act of 
1974 (19 U.S.C. 2253(e)(6)(B)) is amended by 
striking ‘‘substantially’’. 
(2) Section 264(c) of the Trade Act of 1974 
(19 U.S.C. 2354(c)) is amended by striking ‘‘a sub-
stantial cause of serious injury or threat thereof’’ 
and inserting ‘‘causing or threatening to cause seri-
ous injury’’. 
(3) Section 154(b) of the Trade Act of 1974 
(19 U.S.C. 2194(b)) is amended by striking the 
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matter that precedes paragraph (1) and inserting 
the following: 
‘‘(b) The 60-day period referred to in section 203(c) 
and the 90-day period referred to in section 407(c)(2) 
shall be computed by excluding—’’. 
TITLE III—INTERNATIONAL 
TRADE NEGOTIATIONS 
SEC. 301. NEGOTIATING OBJECTIVES REGARDING TRADE 
REMEDY LAWS. 
Section 2102(b)(14) of the Trade Act of 2002 (19 
U.S.C. 3801(b)) is amended by adding at the end the fol-
lowing flush sentence: 
‘‘In order to carry out subparagraph (A), the 
United States Trade Representative should refuse to 
agree to any proposal, whether in the context of a 
trade agreement entered into under the auspices of 
the World Trade Organization, or a free trade agree-
ment with another country or group of countries, 
that would, either individually or in combination 
with other proposals, weaken existing United States 
trade remedy laws contained in title VII of the Tar-
iff Act of 1930 or chapter 1 of title II of the Trade 
Act of 1974, including any proposal that would 
make obtaining relief under these provisions more 
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difficult, uncertain, or costly for domestic industries 
to achieve or maintain over time.’’. 
SEC. 302. CONSULTATIONS AND ASSESSMENTS REGARDING 
TRADE AGREEMENTS. 
Section 2104(d)(3)(A) of the Trade Act of 2002 (19 
U.S.C. 3804(d)(3)(A)) is amended— 
(1) in clause (i), by striking ‘‘and’’ after the 
semicolon; 
(2) in clause (ii), by striking the period and in-
serting a semicolon; and 
(3) by adding after clause (ii) the following: 
‘‘(iii) with respect to each specific pro-
posal that could require amendments to 
title VII of the Tariff Act of 1930 or chap-
ter 1 of title II of the Trade Act of 1974, 
whether and to what extent the proposal 
would, either individually or in combination 
with other proposals, make obtaining relief 
under these provisions more difficult, un-
certain, or costly for domestic industries to 
achieve or maintain over time; and 
‘‘(iv) for each specific proposal that 
the President reports would not (whether 
individually or in combination with other 
proposals) make obtaining relief under title 
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VII of the Tariff Act of 1930 or chapter 
1 of title II of the Trade Act of 1974 more 
difficult, uncertain, or costly for domestic 
industries to achieve or maintain over 
time, a detailed explanation providing the 
basis for this conclusion.’’. 
SEC. 303. EFFECTIVE DATE. 
The amendments made by this title take effect on the 
date of the enactment of this Act. 
TITLE IV—CONGRESSIONAL AD-
VISORY COMMISSION ON WTO 
DISPUTE SETTLEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Congressional Advi-
sory Commission on WTO Dispute Settlement Act’’. 
SEC. 402. CONGRESSIONAL FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The United States joined the World Trade 
Organization as an original member with the goal of 
creating an improved global trading system and pro-
viding expanded economic opportunities for United 
States firms and workers. 
(2) The dispute settlement rules of the WTO 
were created to enhance the likelihood that govern-
ments will observe their WTO obligations. 
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(3) These dispute settlement rules help ensure 
that the United States can reap the full benefits of 
its participation in the WTO. 
(4) Successful operation of the WTO dispute 
settlement system was critical to congressional ap-
proval of the Uruguay Round Agreements and is 
critical to continued support by the United States 
for the WTO. In particular, it is imperative that dis-
pute settlement panels and the Appellate Body— 
(A) operate with fairness and in an impar-
tial manner; 
(B) strictly observe the terms of reference 
and any applicable standard of review set forth 
in the Uruguay Round Agreements; and 
(C) not add to the obligations, or diminish 
the rights, of WTO members under the Uru-
guay Round Agreements in violation of Articles 
3.2 and 19.2 of the Dispute Settlement Under-
standing. 
(5) An increasing number of reports by dispute 
settlement panels and the Appellate Body have 
raised serious concerns within the Congress about 
the ability of the WTO dispute settlement system to 
operate in accordance with paragraph (4). 
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(6) In particular, several reports of dispute set-
tlement panels and the Appellate Body have added 
to the obligations and diminished the rights of WTO 
members, particularly under the Agreement on Im-
plementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, the Agreement on Sub-
sidies and Countervailing Measures, and the Agree-
ment on Safeguards. 
(7) In order to come into compliance with re-
ports of dispute settlement panels and the Appellate 
Body that have been adopted by the Dispute Settle-
ment Body, the Congress may need to amend or re-
peal statutes of the United States. In such cases, the 
Congress must have a high degree of confidence that 
the reports are in accordance with paragraph (4). 
(8) The Congress needs impartial, objective, 
and juridical advice to determine the appropriate re-
sponse to reports of dispute settlement panels and 
the Appellate Body. 
(9) The United States remains committed to 
the multilateral, rules-based trading system. 
(b) PURPOSE.—It is the purpose of this title to pro-
vide for the establishment of the Congressional Advisory 
Commission on WTO Dispute Settlement to provide objec-
tive and impartial advice to the Congress on the operation 
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of the dispute settlement system of the World Trade Orga-
nization. 
SEC. 403. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Congressional Advisory Com-
mission on WTO Dispute Settlement (in this title referred 
to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 5 members, all of whom shall be judges 
or former judges of the Federal judicial circuits and 
shall be appointed by the Speaker of the House of 
Representatives and the President pro tempore of 
the Senate after considering the recommendations of 
the Chairman and ranking member of the Com-
mittee on Finance of the Senate and the Chairman 
and ranking member of the Committee on Ways and 
Means of the House of Representatives. Commis-
sioners shall be chosen without regard to political af-
filiation and solely on the basis of each Commis-
sioner’s fitness to perform the duties of a Commis-
sioner. 
(2) DATE.—The appointments of the initial 
members of the Commission shall be made not later 
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than 90 days after the date of the enactment of this 
Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) IN GENERAL.—Members of the Commission 
shall each be appointed for a term of 5 years, except 
that of the members first appointed, 3 members 
shall be appointed for terms of 3 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 was made and shall be subject 
to the same conditions as the original appoint-
ment. 
(B) UNEXPIRED
TERM.—An individual 
chosen to fill a vacancy shall be appointed for 
the unexpired term of the member replaced. 
(d) INITIAL MEETING.—Not 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 Chairperson. 
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(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) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall select a Chairperson and Vice Chair-
person from among its members. 
(h) FUNDING.—Members of the Commission shall be 
allowed travel expenses, including per diem in lieu of sub-
sistence at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of services for the Commis-
sion. 
SEC. 404. DUTIES OF THE COMMISSION. 
(a) ADVISING CONGRESS ON THE OPERATION OF 
THE WTO DISPUTE SETTLEMENT SYSTEM.— 
(1) IN GENERAL.—The Commission shall re-
view— 
(A) all adverse reports of dispute settle-
ment panels and the Appellate Body which 
are— 
(i) adopted by the Dispute Settlement 
Body; and 
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(ii) the result of a proceeding initiated 
against the United States by a WTO mem-
ber; and 
(B) upon the request of the Committee on 
Ways and Means of the House of Representa-
tives or the Committee on Finance of the Sen-
ate— 
(i) any adverse report of a dispute 
settlement panel or the Appellate Body— 
(I) which is adopted by the Dis-
pute Settlement Body; and 
(II) in which the United States is 
a complaining party; or 
(ii) any other finding which is con-
tained in a report of a dispute settlement 
panel or the Appellate Body that is adopt-
ed by the Dispute Settlement Body. 
(2) SCOPE OF REVIEW.—The Commission shall 
advise the Congress in connection with each adverse 
finding or other finding under paragraph (1) (B) 
only whether— 
(A) the dispute settlement panel or the Ap-
pellate Body, as the case may be— 
(i) exceeded its authority or its terms 
of reference; 
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(ii) added to the obligations, or dimin-
ished the rights, of the United States 
under the Uruguay Round Agreement 
which is the subject of the finding; 
(iii) acted arbitrarily or capriciously, 
engaged in misconduct, or demonstrably 
departed from the procedures specified for 
panels and the Appellate Body in the ap-
plicable Uruguay Round Agreement; and 
(iv) deviated from the applicable 
standard of review, including in anti-
dumping, countervailing duty, and other 
unfair 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; and 
(B) the finding is consistent with the origi-
nal understanding by the United States of the 
Uruguay Round Agreement that is the subject 
of the finding as explained in the statement of 
administrative action approved under section 
101(a) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(a)). 
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