A bill to improve United States litigation efforts at the WTO, establish a WTO Dispute Settlement Review Commission, promote reform of the WTO dispute settlement process, and for other purposes.

s Described.--For purposes of subsection 
(a)(1), 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 
resolving clause of such joint resolution is as follows: ``That the 
Congress approves the proposal of the President, submitted on ____, in 
response to the affirmative determination submitted to the Congress by 
the WTO Dispute Settlement Review Commission on ____, to seek the 
fundamental reform of the dispute settlement system at the WTO and the 
rights and obligations of WTO member countries under that system, and 
authorizes and directs the United States Trade Representative to 
undertake negotiations to achieve such fundamental reform in accordance 
with the plan'', the first blank space being filled with the date the 
President submits the proposal, and the second blank space being filled 
with the date of the affirmative determination submitted to the 
Congress by the Commission pursuant to section 212(b) which has given 
rise to the joint resolution.
    (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 the Congress adopts and transmits the joint 
        resolution to the President.
            (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 last day of the 30-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 
        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 before the 
                date that is 90 days after the President submits the 
                plan described in subsection (a).
                    (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 provisions of 
                this subsection, the provisions of subsections (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 a 
                joint resolution described in subsection (b) to the 
                same extent as such provisions apply to resolutions 
                under such section.
                    (B) Report or discharge of committee.--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 
                described 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 appropriate calendar.
                    (C) Finance and ways and means committees.--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 committee has been 
                        discharged under subparagraph (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 discharged 
                        under subparagraph (B).
                    (D) Special rule for house.--A motion 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 consider a joint resolution (other than a joint 
        resolution received from the other House), if that House has 
        previously adopted a joint resolution under this section 
        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, respectively, and as such is 
        deemed a part of the rules of each House, respectively, and 
        such procedures supersede other rules only to the extent that 
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional 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 extent as any other rule of that House.

SEC. 215. PARTICIPATION IN WTO PANEL PROCEEDINGS.

    (a) In General.--If the United States Trade Representative, 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 determination 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 matters in dispute shall be permitted to participate in 
consultations and panel proceedings. The Trade Representative 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 described in subsection (a) all 
information presented to or otherwise obtained by the Trade 
Representative in connection with a WTO dispute settlement proceeding. 
The United States Trade Representative shall promulgate regulations 
implementing a protective order system to protect information 
designated by the submitting member as confidential.
    (c) Participation in Dispute Settlement Proceeding.--Upon request 
from a person described in subsection (a), the United States Trade 
Representative shall--
            (1) consult in advance with such person regarding the 
        content of written submissions from the United States to the 
        dispute settlement panel or Appellate Body concerned or to the 
        other member countries involved;
            (2) include, where appropriate, such person or the 
        appropriate representative of such person as an advisory member 
        of the delegation in sessions of the dispute settlement panel 
        or Appellate Body;
            (3) allow such special delegation member, where such member 
        would bring special knowledge to the proceeding, to appear 
        before the panel or Appellate Body, directly or through 
        counsel, under the supervision of responsible United States 
        Government officials; and
            (4) in proceedings involving confidential information, 
        allow appearance of such person only through counsel as a 
        member of the special delegation.

 Subtitle C--Negotiating Objectives of the United States and Reform of 
                     Dispute Settlement Proceedings

SEC. 221. REFORM OF DISPUTE SETTLEMENT PROCEEDINGS.

    (a) Negotiations Regarding Reform of the WTO Dispute Settlement 
Proceedings.--The United States Trade Representative shall follow the 
principal negotiating objectives set forth in subsection (b) regarding 
reform of the WTO dispute settlement proceedings and pursue those 
objectives through all possible means, including negotiations to carry 
out the 4th World Trade Organization Ministerial held in Doha, Qatar in 
November 2001.
    (b) Negotiating Objectives.--The principal negotiating objectives 
set forth in this subsection are as follows:
            (1) Deference to member country's trade laws.--A principal 
        negotiating objective of the United States is to amend Article 
        11 of the Dispute Settlement Understanding to require that in 
        reviewing a determination involving a trade remedy or safeguard 
        law of a WTO member country, a dispute settlement panel or the 
        Appellate Body shall set aside the determination only if the 
        determination is not supported by substantial evidence or is 
        expressly contrary to the applicable Uruguay Round Agreement.
            (2) Creating a secretariat.--A principal negotiating 
        objective of the United States is the establishment of a 
        Secretariat in the Dispute Settlement Body who shall be 
        responsible for selecting for nomination individuals to serve 
        on dispute settlement panels and for providing individuals 
        selected with technical support.
            (3) Elimination of participation by government officials.--
        A principal negotiating objective of the United States is to 
        amend the Dispute Settlement Understanding to prohibit any 
        individual employed by the government of a WTO member country 
        from serving on a panel or on the Appellate Body.
            (4) Third party participation.--A principal negotiating 
        objective of the United States is to establish procedures to 
        provide for the general acceptance of amicus curiae submissions 
        from interested outside parties by dispute settlement panels 
        and the Appellate Body.
            (5) Public access to dispute settlement proceedings.--A 
        principal negotiating objective of the United States is to 
        establish more open and transparent dispute settlement 
        proceedings, by--
                    (A) allowing public access to proceedings before 
                dispute settlement panels and the Appellate Body, and 
                to arbitration meetings;
                    (B) making nonconfidential submissions and written 
                statements of oral presentations available to the 
                public;
                    (C) providing timely access to final reports of 
                dispute settlement panels; and
                    (D) maintaining in a central location for 
                nonconfidential documents relating to dispute 
                settlement proceedings and making those documents 
                publicly available.
    (c) Report.--Not later than 60 days before reaching an agreement 
involving a negotiating objective described in subsection (b), the 
Trade Representative shall report to Congress regarding the progress 
made in achieving the objective and the details of any agreement.

SEC. 222. ETHICS REQUIREMENTS.

    (a) In General.--The United States shall not agree to the 
appointment or reappointment of any individual to the Appellate Body or 
to the WTO panel roster until the WTO establishes and implements the 
reporting requirements described in subsection (b).
    (b) Reporting Requirements.--An individual may not serve on a panel 
or the Appellate Body without first submitting in writing the following 
information:
            (1) Information regarding any interest, relationship, or 
        matter that is likely to affect the individual's independence 
        or impartially or that might reasonably create an appearance of 
        impropriety or an apprehension of bias in the matter being 
        considered before the panel or Appellate Body.
            (2) Information regarding financial or personal interest 
        the individual has in, or related to, the matter before the 
        panel or Appellate Body.
            (3) Current and previous employment history and information 
        regarding any financial or personal interest an employer, 
        business associate, or family member may have in the matter 
        before the panel or Appellate Body.
            (4) Information regarding the individual's relationship 
        with any government entity or official involved in the matter 
        before the panel or Appellate Body.
            (5) Any position papers prepared by the individual or 
        public advocacy of the individual relating to the matter or 
        issue before the panel or Appellate Body.
    (c) Availability to WTO Member Countries.--The information required 
by subsection (b) shall be made available to WTO member countries and 
the Trade Representative shall make the information available to 
persons described in section 215(a) under an appropriately drawn 
protective order designed to protect confidential information.

Summary: Stand With American Workers Act - Amends the Trade Act of 1974 to: (1) declare that the United States Trade Representative (USTR) is the primary government official responsible for dispute settlement proceedings before the World Trade Organization (WTO) that involve the United States; and (2) designate a Deputy USTR to oversee dispute settlement proceedings involving the United States before the WTO, including negotiations regarding Understanding on Rules and Procedures Governing the Settlement of Disputes.

 Amends the Uruguay Round Agreements Act to modify procedural guidelines for dispute settlement panels.

 Establishes the World Trade Organization Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the WTO in proceedings initiated by other parties to the WTO that are adverse to the United States and that are adopted by the Dispute Settlement Body; and (2) upon the request of the USTR or specified congressional officials, any other report of a dispute settlement panel or the Appellate Body that is adopted by the Dispute Settlement Body.

Requires the Commission to determine whether the panel or Appellate Body: (1) exceeded its authority or its terms of reference; (2) added to the obligations or diminished the rights of the United States under the Uruguay Round Agreement that is the subject of the report; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified in the applicable Uruguay Round Agreement; (4) deviated from the applicable standard of review; and (5) if it makes an affirmative determination on these matters, further determine whether the action of the panel or Appellate Body materially affected the outcome of its report.

Requires the President, if the Commission makes three such affirmative determinations in a five-year period, to submit to Congress a proposal for the fundamental reform of the dispute settlement system at the WTO and the rights and obligations of WTO member countries under that system, and a plan on how to achieve such reform. Declares that, until a joint resolution is enacted approving the President's proposal and authorizing the USTR to negotiate for such fundamental reform, "fast-track" requirements of the Trade Act of 1974 for congressional implementation of trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries, and the trade authorities procedures provided for in the Bipartisan Trade Promotion Authority Act of 2002, shall cease to apply to implementing bills (except those implementing trade agreements for reduction of foreign tariffs).

Prescribes expedited procedures for congressional handling of such a joint resolution.

Permits a private US person that is supportive of the US Government's position and has a direct economic interest in the panel's or Appellate Body's resolution of matters in dispute to participate in dispute settlement proceedings.

Cites principal negotiating objectives to be pursued by the USTR regarding reform of dispute settlement proceedings.

States that the United States shall not agree to the appointment or reappointment of any individual to the Appellate Body or to the WTO panel roster until the WTO establishes and implements specified reporting requirements.