| Home > 106th Congressional Bills > S. 1258 (rs) To authorize funds for the payment of salaries and expenses of the Patent and Trademark Office, and for other purposes. [Reported in Senate] ...
S. 1258 (rs) To authorize funds for the payment of salaries and expenses of the Patent and Trademark Office, and for other purposes. [Reported in Senate] ...
108th CONGRESS 1st Session S. 1258 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. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 12, 2003 Mr. Bayh introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) In General.--This Act may be cited as the ``Stand With American Workers Act''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--ROLE OF UNITED STATES TRADE REPRESENTATIVE Sec. 101. Role of USTR. Sec. 102. Deputy USTR for litigation. Sec. 103. Amendments to URAA. TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION; NEGOTIATING OBJECTIVES OF THE UNITED STATES FOR REFORM OF DISPUTE SETTLEMENT PROCEEDINGS Subtitle A--General Provisions Sec. 201. Definitions. Subtitle B--WTO Dispute Settlement Review Commission Sec. 211. Establishment of Commission. Sec. 212. Duties of the Commission. Sec. 213. Powers of the Commission. Sec. 214. Review of dispute settlement procedures. Sec. 215. Participation in WTO panel proceedings. Subtitle C--Negotiating Objectives of the United States and Reform of Dispute Settlement Proceedings Sec. 221. Reform of dispute settlement proceedings. Sec. 222. Ethics requirements. SEC. 2. FINDINGS. Congress finds the following: (1) The United States joined the World Trade Organization (in this Act referred to as the ``WTO'') as an original member with the goal of creating an improved global trading system that would provide mutual trade benefits through more open foreign markets. (2) Congress passed the Uruguay Round Agreements Act based on its understanding that existing United States trade remedies would be consistent with WTO agreements. Effective trade remedy rules are a cornerstone of the multilateral trading system and an essential bulwark for American industries against unfair trade and damaging import surges. (3) Since the WTO's founding, foreign governments have used the WTO's dispute settlement system to launch an unanticipated and unwarranted series of attacks against United States trade laws, particularly the antidumping, countervailing duty, and safeguard laws. (4) In the overwhelming number of such cases, WTO panel and Appellate Body rulings have gone against the United States. These decisions are often based upon obligations that do not exist under existing WTO agreements. (5) The one-sided record in dispute settlement proceedings is particularly disturbing because the right to act against dumped, subsidized, and surging imports is a fundamental part of the multilateral trade regime, having been codified in Articles VI and XIX of the General Agreement on Tariffs and Trade 1947. (6) To address this problem, the United States must ensure that it is aggressively defending United States trade remedy laws at the WTO and promoting a WTO dispute settlement system that both acts within its limitations under existing WTO agreements and operates in a more fair and transparent manner. TITLE I--ROLE OF UNITED STATES TRADE REPRESENTATIVE SEC. 101. ROLE OF USTR. (a) In General.--Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by inserting after section 141, the following new section: ``SEC. 142. SPECIAL PROVISIONS RELATING TO THE WORLD TRADE ORGANIZATION. ``(a) Definitions.--In this chapter: ``(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) Appellate body, etc.--The terms `Appellate Body', `dispute settlement panel', and `Dispute Settlement Body', have the meanings given those terms in section 121 of the Uruguay Round Agreements Act (19 U.S.C. 3531). ``(3) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. ``(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 proceeding.--The term `dispute settlement proceeding' means any procedure initiated, or decision rendered, pursuant to the Dispute Settlement Understanding. ``(7) 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. ``(8) Terms of reference.--The term `terms of reference' has the meaning given such term in the Dispute Settlement Understanding. ``(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) WTO agreement.--The term `WTO Agreement' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. ``(11) WTO, etc.--The terms `WTO', `World Trade Organization', and `WTO member country' have the meaning given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). ``(b) Responsibility of USTR.--In addition to the responsibilities described in section 141, the United States Trade Representative shall be the primary government official responsible for all dispute settlement proceedings before the World Trade Organization that involve the United States. ``(c) Additional Attorneys.-- ``(1) Increase in staff.--The United States Trade Representative may hire 10 additional attorneys to assist the United States Trade Representative in carrying out the responsibilities described in subsection (b). ``(2) Panel of outside attorneys.--The United States Trade Representative may, pursuant to section 141(e)(2), employ private attorneys who have the expertise and experience to represent the United States before dispute settlement panels and the Appellate Body.''. (b) Conforming Amendment.--The table of contents of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended by inserting after the item relating to section 141 the following new item: ``Sec. 142. Special provisions relating to the World Trade Organization.''. SEC. 102. DEPUTY USTR FOR LITIGATION. (a) In General.--Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is amended by inserting after paragraph (5), the following new paragraph: ``(6) The United States Trade Representative shall designate 1 of the Deputy United States Trade Representatives whose sole responsibility shall be to oversee-- ``(A) all dispute settlement proceedings involving the United States before the World Trade Organization; and ``(B) any negotiations involving modifications to, or amendments of, the Understanding on Rules and Procedures Governing the Settlement of Disputes.''. (b) Conforming Amendment.--Section 141(b) of such Act is amended by moving paragraph (5) 2 ems to the left. SEC. 103. AMENDMENTS TO URAA. (a) Maintenance of Biographical Material.--Section 123(a) of the Uruguay Round Agreements Act (19 U.S.C. 3533(a)) is amended-- (1) by striking ``The President'' and inserting: ``(1) Review by president.--The President''; (2) by moving the text of paragraph (1) of section 123(a), as redesignated by paragraph (1), 2 ems to the right; and (3) by adding at the end the following new paragraph: ``(2) Maintenance of roster by ustr.--The Trade Representative shall maintain and make available to the public a current list of WTO panelists, including persons serving on the Appellate Body. The list shall include pertinent biographical information on each person, including panel decisions made by the person, the person's dispute settlement experience, and any relevant speeches, articles, or books of the person.''. (b) Notification Requirements.--Section 123(d) of the Uruguay Round Agreements Act (19 U.S.C. 3533(d)) is amended-- (1) in the matter preceding paragraph (1), by inserting ``or regulation, or practice of a department or agency of the United States,'' after ``Federal or State law''; and (2) in paragraph (1), by inserting ``or regulation, or practice of a department or agency of the United States,'' after ``State or Federal law''. (c) Actions Upon Circulation of Reports.--Section 123(f) of the Uruguay Round Agreements Act (19 U.S.C. 3533(f)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) in paragraph (3), by inserting ``, before the United States communicates its intentions regarding its compliance with the panel or Appellate body report under Article 21(3) of the Dispute Settlement Understanding,'' before ``consult with''; (3) by striking the period at the end of paragraph (3) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(4) as part of the consultations described in paragraph (3), provide the appropriate congressional committees with a written analysis of the rights or obligations of the United States affected by the report, as well as an analysis of whether, in the opinion of the Trade Representative, the panel or Appellate Body violated the standard of review or its terms of reference in reaching its decision, and whether the measure being challenged has any adverse trade effects for the United States.''. (d) Requirements for Agency Action.--Section 123(g)(1)(E) of the Uruguay Round Agreements Act (19 U.S.C. 3533(g)(1)(E)) is amended to read as follows: ``(E) not later than 60 days before the publication required by subparagraph (C), the Trade Representative has submitted to the appropriate congressional committees a report and the Trade Representative and the head of the relevant department or agency have consulted with such committees regarding the proposed content of the final rule or other modification, the reasons for the rule or modification, and the advice obtained under subparagraph (B) with respect to the rule or modification; and''. (e) Consent to Appellate Body Appointments.--Section 123 of the Uruguay Round Agreements Act (19 U.S.C. 3533) is amended by adding at the end the following new subsection: ``(i) Congressional Consent to Appellate Body Appointments.-- ``(1) Report to committees.--Not later than 60 days (or as early as practicable) before the Dispute Settlement Body considers for appointment or reappointment a person to the Appellate Body, the Trade Representative shall report to the appropriate congressional committees regarding the person being considered for appointment or reappointment. ``(2) Content of report.--The report required by paragraph (1) shall include information on the suitability of each person being considered for appointment and the Trade Representative's recommendation regarding the person. The recommendation shall include an assessment of each person's ability to understand and abide by the limitations imposed by the standard of review and the terms of reference under which the Appellate Body must decide its cases. If a person is being considered for reappointment, the Trade Representative shall report on the person's record on the Appellate Body, including the cases handled and the decisions rendered by that person. ``(3) Consent by committees.--Unless a majority of the members of each of the congressional committees vote in favor of the appointment or reappointment of the person to the Appellate Body, the Trade Representative shall oppose the appointment or reappointment at the WTO.''. TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION; NEGOTIATING OBJECTIVES OF THE UNITED STATES FOR REFORM OF DISPUTE SETTLEMENT PROCEEDINGS Subtitle A--General Provisions SEC. 201. DEFINITIONS.
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