WTO Dispute Settlement Review Commission Act

s Described.--
            (1) In general.--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 calls upon the President to undertake negotiations 
        to amend or modify the matter relating to ____________ that is 
        the subject of the affirmative report submitted to the Congress 
        by the WTO Dispute Settlement Review Commission on ____'', the 
        first blank space being filled with the specific provisions of 
        the Uruguay Round Agreement with respect to which the President 
        is to undertake negotiations and the second blank space being 
        filled with the date that the affirmative report, which was 
        made under section 4(a) and which has given rise to the joint 
        resolution, was submitted to the Congress by the Commission 
        pursuant to section 4(b).
            (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 resolving clause of such joint resolution is 
        as follows: ``That, in light of the 3 affirmative reports 
        submitted to the Congress by the WTO Dispute Settlement Review 
        Commission during the preceding 5-year period, and the failure 
        to remedy the problems identified in the reports through 
        negotiations, it is no longer in the overall national interest 
        of the United States to be a member of the WTO, and accordingly 
        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.''.
    (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 described 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 affirmative 
                report from the Commission pursuant to section 4(b)(2); 
                or
                    (B) in the case of a joint resolution described in 
                subsection (b)(2), the Commission has submitted 3 
                affirmative reports pursuant to section 4(b)(2) during 
                a 5-year period, and 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 the third such 
                affirmative report.
            (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 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 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 after the 
                date on which the Commission transmits to the Congress 
                an affirmative report pursuant to section 4(b)(2), 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 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 
                joint resolutions 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. 7. DEFINITIONS.

    For purposes of this title:
            (1) Adverse finding.--The term ``adverse finding'' means--
                    (A) in a panel or Appellate Body proceeding 
                initiated against the United States, a finding by the 
                panel or the Appellate Body that any law or regulation 
                of, or application thereof by, the United States is 
                inconsistent with the obligations of the United States 
                under a Uruguay Round Agreement (or nullifies or 
                impairs benefits accruing to a WTO member under such an 
                Agreement); or
                    (B) in a panel or Appellate Body proceeding 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 
                benefits accruing to the United States under such an 
                Agreement).
            (2) Affirmative report.--The term ``affirmative report'' 
        means a report described in section 4(b)(2) which contains 
        affirmative determinations made by the Commission under 
        paragraph (3) of section 4(a).
            (3) 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.
            (4) Dispute settlement body.--The term ``Dispute Settlement 
        Body'' means the Dispute Settlement Body established pursuant 
        to the Dispute Settlement Understanding.
            (5) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (6) 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 Agreements Act.
            (7) Terms of reference.--The term ``terms of reference'' 
        has the meaning given such term in the Dispute Settlement 
        Understanding.
            (8) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.
            (9) Uruguay round agreement.--The term ``Uruguay Round 
        Agreement'' means any of the Agreements described in section 
        101(d) of the Uruguay Round Agreements Act.
            (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.
S 1438 PCS----2

Summary: WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review all adverse reports of dispute settlement panels and the Appellate Body adopted by the Dispute Settlement Body of the World Trade Organization (WTO) which result from a proceeding initiated against the United States by a WTO member, or (but only at the request of the U.S. Trade Representative) in which the United States is a complaining party. 
Requires the Commission to determine whether the panel or the Appellate Body:  (1) demonstrably exceeded its authority; (2) added to the obligations, or diminished the rights, of the United States under the Uruguay Round Agreement; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review.  Requires the Commission to make an affirmative determination with respect to the action of a panel or the Appellate Body if it determines that:  (1) any of the above occurred; and (2) the action of such panel or the Appellate Body materially affected the outcome of its report. 
Urges the President, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Uruguay Round Agreement with respect to any affirmative report submitted to the Congress concerning the action of a panel or the Appellate Body.  Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if:  (1) there are three affirmative reports submitted to the Congress during the preceding five-year period; and (2) negotiations to remedy the problems in such reports are no longer in the national interest.