Text: H.R.2612 — 106th Congress (1999-2000)All Information (Except Text)

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Introduced in House (07/26/1999)

 
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[H.R. 2612 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2612

To expand United States exports of goods and services by requiring the 
 development of objective criteria to achieve market access in foreign 
 countries, to provide the President with reciprocal trade authority, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 1999

Mr. Traficant (for himself and Mr. Visclosky) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
  addition to the Committee on Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To expand United States exports of goods and services by requiring the 
 development of objective criteria to achieve market access in foreign 
 countries, to provide the President with reciprocal trade authority, 
                        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.

    This Act may be cited as the ``Trade Policy Reform Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
            TITLE I--OPEN MARKETS AND FAIR TRADE PROVISIONS

Sec. 1101. Short title.
Sec. 1102. Reports on market access.
Sec. 1103. Negotiations to achieve market access.
Sec. 1104. Monitoring of agreements and understandings.
Sec. 1105. Triggering of section 301 actions.
Sec. 1106. Expedited procedures for certain presidential actions.
Sec. 1107. Uruguay round agreements not affected.
Sec. 1108. Inclusion of certain additional information in National 
                            Trade Estimate report.
Sec. 1109. Definitions.
  TITLE II--RELIEF FROM UNFAIR TRADE PRACTICES UNDER THE TRADE ACT OF 
                                  1974

Sec. 2101. Actions by United States Trade Representative under section 
                            301.
Sec. 2102. Initiation of investigations.
Sec. 2103. Monitoring of foreign compliance.
Sec. 2104. Requests for review of foreign compliance.
Sec. 2105. Renewal of annual report on discrimination of United States 
                            products or services in foreign government 
                            procurements.
Sec. 2106. Withdrawal from suspension agreements for certain steel 
                            products.
TITLE III--ABOLISHMENT OF UNITED STATES INTERNATIONAL TRADE COMMISSION 
          AND TRANSFER OF FUNCTIONS TO DEPARTMENT OF COMMERCE

Subtitle A--Abolishment of United States International Trade Commission

Sec. 3001. Abolishment of Commission.
   Subtitle B--Transfer of Functions of Commission to Department of 
                                Commerce

      subchapter a--part ii of title iii of the tariff act of 1930
Sec. 3101. Investigations.
Sec. 3102. Testimony and production of papers.
Sec. 3103. Cooperation with other agencies.
Sec. 3104. Rules and regulations.
Sec. 3105. Equalization of costs of production.
Sec. 3106. Unfair practices in import trade.
Sec. 3107. Discrimination by foreign countries.
Sec. 3108. Trade remedy assistance.
Sec. 3109. subchapter b--title vii of the tariff act of 1930
              Part I--Imposition of Countervailing Duties

Sec. 3111. Countervailing duties imposed.
Sec. 3112. Procedures for initiating a countervailing duty 
                            investigation.
Sec. 3113. Preliminary determinations.
Sec. 3114. Termination or suspension of investigation.
Sec. 3115. Final determinations.
Sec. 3116. Assessment of duty.
Sec. 3117. Treatment of difference between deposit of estimated 
                            countervailing duty and final assessed duty 
                            under countervailing duty order.
               Part II--Imposition of Antidumping Duties

Sec. 3121. Antidumping duties imposed.
Sec. 3122. Procedures for initiating an antidumping duty investigation.
Sec. 3123. Preliminary determinations.
Sec. 3124. Termination or suspension of investigation.
Sec. 3125. Final determinations.
Sec. 3126. Assessment of duty.
Sec. 3127. Treatment of difference between deposit of estimated 
                            antidumping duty and final assessed duty 
                            under antidumping duty order.
Sec. 3128. Establishment of product categories for short life cycle 
                            merchandise.
         Part III--Reviews; Other Actions Regarding Agreements

Sec. 3131. Administrative review of determinations.
Sec. 3132. Special rules for section 751(b) and 751(c) reviews.
Sec. 3133. Special rules for injury investigations for certain section 
                            303 or section 701(c) countervailing duty 
                            orders and investigations.
Sec. 3134. Required determinations.
                      Part IV--General Provisions

Sec. 3141. Definitions; special rules.
Sec. 3142. Hearings.
Sec. 3143. Determinations on the basis of the facts available.
Sec. 3144. Access to information.
Sec. 3145. Downstream product monitoring.
Sec. 3146. Prevention of circumvention of antidumping and 
                            countervailing duty orders.
Sec. 3147. Conduct of investigations and administrative reviews.
Sec. 3148. Antidumping petitions by third countries.
            Chapter 2--Functions Under the Trade Act of 1974

Sec. 3201. Advice from Secretary of Commerce.
Sec. 3202. Prerequisites for offers.
Sec. 3203. Transmission of agreements to Congress.
Sec. 3204. Action to facilitate positive adjustment to import 
                            competition.
Sec. 3205. Investigations, determinations, and recommendations.
Sec. 3206. Action by President after determination of import injury.
Sec. 3207. Monitoring, modification, and determination of action.
Sec. 3208. Study by Secretary of Labor when Secretary of Commerce 
                            begins investigation.
Sec. 3209. Study by Secretary of Commerce; action where there is 
                            affirmative finding.
Sec. 3210. Determinations by the Trade Representative.
Sec. 3211. Market disruption.
Sec. 3212. Designation of eligible articles.
Sec. 3213. Additional functions of the Secretary of Commerce.
           Chapter 3--Functions Under Other Provisions of Law

Sec. 3301. Act of June 12, 1934.
Sec. 3302. Trade Agreements Extension Act of 1951.
Sec. 3303. Omnibus Trade and Competitiveness Act of 1988.
Sec. 3304. Andean Trade Preference Act.
Sec. 3305. Uruguay Round Agreements Act.
Sec. 3306. Atomic Energy Act of 1954.
                  Chapter 4--Miscellaneous Provisions

Sec. 3401. Transfer of other functions.
Sec. 3402. Transfer of assets and funds.
Sec. 3403. Savings provisions.
            Subtitle C--Technical and Conforming Amendments

Sec. 3501. Technical and conforming amendments.
Sec. 3502. Other references.
                       Subtitle D--Effective Date

Sec. 3601. Effective date.
           TITLE IV--WTO DISPUTE SETTLEMENT REVIEW COMMISSION

Sec. 4101. Short title.
Sec. 4102. Congressional findings and purpose.
Sec. 4103. Establishment of commission.
Sec. 4104. Duties of the commission.
Sec. 4105. Powers of the commission.
Sec. 4106. Review of dispute settlement procedures and participation in 
                            the WTO.
Sec. 4107. Participation in WTO panel proceedings.
Sec. 4108. Definitions.
Sec. 4109. Authorization of appropriations.

            TITLE I--OPEN MARKETS AND FAIR TRADE PROVISIONS

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Open Markets and Fair Trade Act of 
1999''.

SEC. 1102. REPORTS ON MARKET ACCESS.

    (a) Annual Reports.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Congress a report with respect to those countries 
selected by the Secretary in which goods or services produced or 
originating in the United States, that would otherwise be competitive 
in those countries, do not have market access. Each report shall 
contain the following with respect to each such country:
            (1) Assessment of potential market access.--An assessment 
        of the opportunities that would, but for the lack of market 
        access, be available in the market in that country, for goods 
        and services produced or originating in the United States in 
        those sectors selected by the Secretary. In making such 
        assessment, the Secretary shall consider the competitive 
        position of such goods and services in similarly developed 
        markets in other countries. Such assessment shall specify the 
        time periods within which such market access opportunities 
        should reasonably be expected to be obtained.
            (2) Criteria for measuring market access.--Objective 
        criteria for measuring the extent to which those market access 
        opportunities described in paragraph (1) have been obtained. 
        The development of such objective criteria may include the use 
        of interim objective criteria to measure results on a periodic 
        basis, as appropriate.
            (3) Compliance with trade agreements.--An assessment of 
        whether, and to what extent, the country concerned has 
        materially complied with--
                    (A) agreements and understandings reached between 
                the United States and that country pursuant to section 
                1103, and
                    (B) existing trade agreements between the United 
                States and that country.
        Such assessment shall include specific information on the 
        extent to which United States suppliers have achieved 
        additional access to the market in the country concerned and 
        the extent to which that country has complied with other 
        commitments under such agreements and understandings.
    (b) Selection of Countries and Sectors.--
            (1) In general.--In selecting countries and sectors that 
        are to be the subject of a report under subsection (a), the 
        Secretary shall give priority to--
                    (A) any country with which the United States has a 
                trade deficit if access to the markets in that country 
                is likely to have significant potential to increase 
                exports of United States goods and services; and
                    (B) any country, and sectors therein, in which 
                access to the markets will result in significant 
                employment benefits for producers of United States 
                goods and services.
        The Secretary shall also give priority to sectors which 
        represent critical technologies, including those identified by 
        the National Critical Technologies Panel under section 603 of 
        the National Science and Technology Policy, Organization, and 
        Priorities Act of 1976 (42 U.S.C. 6683).
            (2) First report.--The first report submitted under 
        subsection (a) shall include those countries with which the 
        United States has a substantial portion of its trade deficit.
            (3) Trade surplus countries.--The Secretary may include in 
        reports after the first report such countries as the Secretary 
        considers appropriate with which the United States has a trade 
        surplus but which are otherwise described in subsection (a) and 
        paragraph (1) of this subsection.
    (c) Other Sectors.--The Secretary shall include an assessment under 
subsection (a) of any country or sector for which the Trade 
Representative requests such assessment be made. In preparing any such 
request, the Trade Representative shall give priority to those barriers 
identified in the reports required by section 181(b) of the Trade Act 
of 1974 (19 U.S.C. 2241(b)).
    (d) Information on Access by Foreign Suppliers.--The Secretary 
shall consult with the governments of foreign countries concerning 
access to the markets of any other country of goods and services 
produced or originating in those countries. At the request of the 
government of any such country so consulted, the Secretary may include 
in the reports required by subsection (a) information, with respect to 
that country, on such access.

SEC. 1103. NEGOTIATIONS TO ACHIEVE MARKET ACCESS.

    (a) Negotiating Authority.--The President is authorized to enter 
into agreements or other understandings with the government of any 
country for the purpose of obtaining the market access opportunities 
described in the reports of the Secretary under section 1102.
    (b) Determination of Priority of Negotiations.--Upon the submission 
by the Secretary of each report under section 1102, the Trade 
Representative shall determine--
            (1) for which countries and sectors identified in the 
        report the Trade Representative will pursue negotiations, 
        during the 6-month period following submission of the report, 
        for the purpose of concluding agreements or other 
        understandings described in subsection (a), and the timeframe 
        for pursuing negotiations on any other country or sector 
        identified in the report; and
            (2) for which countries and sectors identified in any 
        previous report of the Secretary under section 1102 the Trade 
        Representative will pursue negotiations, during the 6-month 
        period described in paragraph (1), in cases in which--
                    (A) negotiations were not previously pursued by the 
                Trade Representative, or
                    (B) negotiations that were pursued by the Trade 
                Representative did not result in the conclusion of an 
                agreement or understanding described in subsection (a) 
                during the preceding 6-month period, but are expected 
                to result in such an agreement or understanding during 
                the 6-month period described in paragraph (1).
For purposes of this title, negotiations by the Trade Representative 
with respect to a particular sector shall be for a period of not more 
than 12 months.
    (c) Semiannual Reports.--At the end of the 6-month period beginning 
on the date on which the Secretary's first report is submitted under 
section 1102(a), and every 6 months thereafter, the Trade 
Representative shall submit to the Congress a report containing the 
following:
            (1) Report where negotiations pursued in previous 6-month 
        period.--With respect to each country and sector on which 
        negotiations described in subsection (b) were pursued during 
        that 6-month period--
                    (A) a determination of whether such negotiations 
                have resulted in the conclusion of an agreement or 
                understanding intended to obtain the market access 
                opportunities described in the most recent applicable 
                report of the Secretary, and if not--
                            (i) whether such negotiations are 
                        continuing because they are expected to result 
                        in such an agreement or understanding during 
                        the succeeding 6-month period; or
                            (ii) whether such negotiations have 
                        terminated;
                    (B) in the case of a positive determination made 
                under subparagraph (A)(i) in the preceding report 
                submitted under this subsection, a determination of 
                whether the continuing negotiations have resulted in 
                the conclusion of an agreement or understanding 
                described in subparagraph (A) during that 6-month 
                period.
            (2) Report where negotiations not pursued.--With respect to 
        each country and sector on which negotiations described in 
        subsection (b) were not pursued during that 6-month period, a 
        determination of when such negotiations will be pursued.

SEC. 1104. MONITORING OF AGREEMENTS AND UNDERSTANDINGS.

    (a) In General.--For the purpose of making the assessments required 
by section 1102(a)(3), the Secretary shall monitor the compliance with 
each agreement or understanding reached between the United States and 
any country pursuant to section 1103, and with each existing trade 
agreement between the United States and any country that is the subject 
of a report under section 1102(a). In making each such assessment, the 
Secretary shall describe--
            (1) the extent to which market access for the country and 
        sectors covered by the agreement or understanding has been 
        achieved; and
            (2) the bilateral trade relationship with that country in 
        that sector.
In the case of agreements or understandings reached pursuant to section 
1103, the description under paragraph (1) shall be done on the basis of 
the objective criteria set forth in the applicable report under section 
1102(a)(2).
    (b) Treatment of Agreements and Understandings.--Any agreement or 
understanding reached pursuant to negotiations conducted under this 
title, and each existing trade agreement between the United States and 
a country that is the subject of a report under section 1102(a), shall 
be considered to be a trade agreement for purposes of section 301 of 
the Trade Act of 1974.

SEC. 1105. TRIGGERING OF SECTION 301 ACTIONS.

    (a) Failure To Conclude Agreements.--In any case in which the Trade 
Representative determines under subparagraph (A)(ii) or (B) of section 
1103(c)(1) that negotiations have not resulted in the conclusion of an 
agreement or understanding described in section 1103(a), each 
restriction on, or barrier or impediment to, access to the markets of 
the country concerned that was the subject of such negotiations shall, 
for purposes of title III of the Trade Act of 1974, be considered to be 
an act, policy, or practice determined under section 304 of that Act to 
be an act, policy, or practice that is unreasonable and discriminatory 
and burdens or restricts United States commerce. The Trade 
Representative shall determine what action to take under section 301(b) 
of that Act in response to such act, policy, or practice.
    (b) Noncompliance With Agreements or Understandings.--In any case 
in which the Secretary determines, in a report submitted under section 
1102(a), that a foreign country is not in material compliance with--
            (1) any agreement or understanding concluded pursuant to 
        negotiations conducted under section 1103, or
            (2) any existing trade agreement between the United States 
        and that country,
the Trade Representative shall determine what action to take under 
section 301(a) of the Trade Act of 1974. For purposes of section 301 of 
that Act, a determination of noncompliance described in the preceding 
sentence shall be treated as a determination made under section 304 of 
that Act.

SEC. 1106. EXPEDITED PROCEDURES FOR CERTAIN PRESIDENTIAL ACTIONS.

    (a) Authority for Reciprocal Actions.--In any case in which--
            (1) section 1105 applies,
            (2) the President determines that reciprocal action should 
        be taken by the United States in response to--
                    (A) a restriction, barrier, or impediment referred 
                to in section 1105(a) with respect to access to the 
                market of a country, or
                    (B) noncompliance with an agreement, understanding, 
                or trade agreement referred to in section 1105(b),
        as the case may be,
            (3) changes in existing law or new statutory authority is 
        necessary for such reciprocal action to be taken, and
            (4) the President, within 30 days (excluding any day 
        described in section 154(b) of the Trade Act of 1974) after--
                    (A) the determination of the Trade Representative 
                under subparagraph (A)(ii) or (B) of section 
                1103(c)(1), or
                    (B) the determination of the Secretary in the 
                applicable report under section 1102(a),
        as the case may be, submits to the Congress a draft of 
        implementing legislation with respect to the changes or 
        authority described in paragraph (3),
then subsection (c) applies.
    (b) Definitions.--For purposes of this section--
            (1) the term ``reciprocal action'' means action that is 
        taken in direct response to a restriction on,
        or barrier or impediment to, access to the market in another 
        country and is comparable or of equivalent effect to such 
        restriction, barrier, or impediment; and
            (2) the term ``implementing legislation'' means a bill of 
        either House of Congress which is introduced as provided in 
        subsection (c) and which contains provisions necessary to make 
        the changes or provide the authority described in subsection 
        (a)(3).
    (c) Procedures for Implementing Legislation.--On the day on which 
implementing legislation is submitted to the House of Representatives 
and the Senate under subsection (a), the implementing legislation shall 
be introduced and referred as provided in section 151(c)(1) of the 
Trade Act of 1974 for implementing bills under such section. The 
provisions of subsections (d), (e), (f), and (g) of section 151 of such 
Act shall apply to implementing legislation to the same extent as such 
subsections apply to implementing bills.
    (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. 1107. URUGUAY ROUND AGREEMENTS NOT AFFECTED.

    Nothing in this title shall be construed to violate any provision 
of the agreements approved by the Congress in section 101(a)(1) of the 
Uruguay Round Agreements Act (19 U.S.C. 3511(a)(1)).

SEC. 1108. INCLUSION OF CERTAIN ADDITIONAL INFORMATION IN NATIONAL 
              TRADE ESTIMATE REPORT.

    (a) National Trade Estimates.--Section 181(a)(1) of the Trade Act 
of 1974 (19 U.S.C. 2241(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(D) further identify those acts, policies, or 
                practices identified under subparagraph (A) that 
                violate treaties or other international agreements, 
                including international labor agreements or 
                international labor standards (such as standards 
                established by the International Labor Organization) of 
                the foreign country;
                    ``(E) identify remedial actions, if any, taken by 
                the United States Government with respect to acts, 
                policies, or practices identified under subparagraph 
                (A); and
                    ``(F) further identify those acts, policies, or 
                practices identified under subparagraph (A) that need 
                further classification and documentation from the 
                foreign government involved.''.
    (b) Certain Factors Taken Into Account in Making Analysis and 
Estimate.--Section 181(a)(2) of the Trade Act of 1974 (19 U.S.C. 
2241(a)(2)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) any advice given by representatives of 
                affected United States industries, including 
                representatives of labor unions.''.

SEC. 1109. DEFINITIONS.

    As used in this title:
            (1) Existing trade agreement between the united states and 
        a country.--An ``existing trade agreement'' between the United 
        States and another country means any trade agreement or 
        understanding that was entered into between the United States 
        and that country before the date of the enactment of this Act 
        and is in effect on such date. Such term includes, but is not 
        limited to--
                    (A) with respect to Japan--
                            (i) the Arrangement Between the Government 
                        of Japan and the Government of the United 
                        States of America Concerning Trade in 
                        Semiconductor Products, signed in 1986;
                            (ii) the Arrangement Between the Government 
                        of Japan and the Government of the United 
                        States of America Concerning Trade in 
                        Semiconductor Products, signed in 1991;
                            (iii) the United States-Japan Wood Products 
                        Agreement, signed on June 5, 1990;
                            (iv) Measures Related to Japanese Public 
                        Sector Procurements of Computer Products and 
                        Services, signed on January 10, 1992;
                            (v) the Tokyo Declaration on the U.S.-Japan 
                        Global Partnership, signed on January 9, 1992; 
                        and
                            (vi) the Cellular Telephone and Third-Party 
                        Radio Agreement, signed in 1989;
                    (B) with respect to the European Union--
                            (i) the Agreement Concerning the 
                        Application of the GATT Agreement on Trade in 
                        Civil Aircraft Between the European Economic 
                        Community and the Government of the United 
                        States of America on trade in large civil 
                        aircraft, with annexes, entered into force on 
                        July 17, 1992;
                            (ii) the Agreement Concerning Procurement 
                        Between the United States and the European 
Union, signed April 15, 1994; and
                            (iii) the Memorandum of Understanding (MOU) 
                        on Procurement Between the United States and 
                        the European Union, signed May 25, 1993; and
                    (C) with respect to the People's Republic of 
                China--
                            (i) the Memorandum of Understanding (MOU) 
                        on the Protection of Intellectual Property 
                        Rights Between the United States and the 
                        People's Republic of China, signed January 17, 
                        1992;
                            (ii) the Memorandum of Understanding (MOU) 
                        on Market Access Between the United States and 
                        the People's Republic of China, signed October 
                        10, 1992;
                            (iii) the Bilateral Textile Agreement 
                        Between the United States and the People's 
                        Republic of China, signed January 17, 1994; and
                            (iv) an exchange of letters with an 
                        attached action plan between the United States 
                        and the People's Republic of China, signed 
                        February 26, 1995, relating to intellectual 
                        property rights.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.

  TITLE II--RELIEF FROM UNFAIR TRADE PRACTICES UNDER THE TRADE ACT OF 
                                  1974

SEC. 2101. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE UNDER SECTION 
              301.

    Section 301(d) of the Trade Act of 1974 (19 U.S.C. 2411(d)) is 
amended--
            (1) by redesignating paragraphs (6) through (9) as 
        paragraphs (7) through (10), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) An act, policy, or practice of a foreign country is 
        unreasonable and burdens or restricts United States commerce if 
        the act, policy, or practice provides for an agreement, 
        understanding, or informal arrangement between the foreign 
        government and a foreign business enterprise that has the 
        effect of restricting market access in the country for United 
        States goods or services or diverting goods or services of that 
        country or any other country to the United States.''.

SEC. 2102. INITIATION OF INVESTIGATIONS.

    Section 302(a)(3) of the Trade Act of 1974 (19 U.S.C. 2412(a)(3)) 
is amended by striking ``and shall publish'' and all that follows and 
inserting the following: ``and shall submit to the Committee on Ways 
and Means of the House of Representatives and the Committee on Finance 
of the Senate a report, and shall publish a notice in the Federal 
Register, containing the determination, a summary of the reasons 
therefor, and a list of the specific actions (such as notice provided 
to, or negotiations entered into with, the foreign country involved) 
the Trade Representative has taken to address the concerns of the 
petitioner.''.

SEC. 2103. MONITORING OF FOREIGN COMPLIANCE.

    Section 306 of the Trade Act of 1974 (19 U.S.C. 2416) is amended by 
adding at the end the following:
    ``(d) Report.--The Trade Representative shall prepare and submit to 
the Congress an annual report that contains a description of all 
actions taken under this section for the preceding calendar year.''.

SEC. 2104. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.

    (a) In General.--Chapter 1 of title III of the Trade Act of 1974 
(19 U.S.C. 2411 et seq.) is amended by inserting after section 306 the 
following new section:

``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.

    ``(a) Definitions.--As used in this section:
            ``(1) Interested person.--The term `interested person' 
        means any person that has a significant economic interest that 
        is being, or has been, adversely affected by the failure of a 
        foreign country to comply materially with the terms of a trade 
        agreement.
            ``(2) Trade agreement.--The term `trade agreement' means 
        any bilateral trade agreement to which the United States is a 
        party.
            ``(3) WTO agreement.--The term `WTO Agreement' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
    ``(b) Request for Review.--
            ``(1) In general.--An interested person may request the 
        Trade Representative to undertake a review under this section 
        to determine whether a foreign country is in material 
        compliance with the terms of a trade agreement.
            ``(2) Time period.--A request for the review of a trade 
        agreement under this section may be made only during--
                    ``(A) the 30-day period beginning on each 
                anniversary of the effective date of the trade 
                agreement; and
                    ``(B) the 30-day period ending on the 90th day 
                before the termination date of the trade agreement, if 
                the first day of such 30-day period occurs not less 
                than 180 days after the last occurring 30-day period 
                referred to in subparagraph (A).
            ``(3) Requirements of request.--The Trade Representative 
        shall commence a review under this section if the request--
                    ``(A) is in writing;
                    ``(B) includes information reasonably available to 
                the petitioner regarding the failure of the foreign 
                country to comply with the trade agreement;
                    ``(C) identifies the economic interest of the 
                petitioner that is being adversely affected by the 
                failure referred to in subparagraph (B); and
                    ``(D) describes the extent of the adverse effect.
            ``(4) Two or more requests.--If 2 or more requests are 
        filed during any period described in paragraph (2) regarding 
        the same trade agreement, all of such requests shall be joined 
        in a single review of the trade agreement.
    ``(c) Review.--
            ``(1) In general.--If 1 or more requests regarding any 
        trade agreement are received during any period described in 
        subsection (b)(2), then within 90 days after the last day of 
        such period the Trade Representative shall determine whether 
        the foreign country is in material compliance with the terms of 
        the trade agreement.
            ``(2) Factors.--In making a determination under paragraph 
        (1), the Trade Representative shall take into account--
                    ``(A) the extent to which the foreign country has 
                adhered to the commitments it made to the United 
                States;
                    ``(B) the extent to which that degree of adherence 
                has achieved the objectives of the agreement; and
                    ``(C) any act, policy, or practice of the foreign 
                country, or other relevant factor, that may have 
                contributed directly or indirectly to material 
                noncompliance with the terms of the agreement.
        The acts, policies, or practices referred to in subparagraph 
        (C) may include structural policies, tariff or nontariff 
        barriers, or other actions which affect compliance with the 
        terms of the agreement.
            ``(3) Consultation; presentation of public views.--In 
        conducting any review under paragraph (1), the Trade 
        Representative may, if the Trade Representative considers such 
        action necessary or appropriate--
                    ``(A) consult with the Secretary of Commerce and 
                the Secretary of Agriculture; and
                    ``(B) provide opportunity for the presentation of 
                views by the public.
    ``(d) Action After Affirmative Determination.--
            ``(1) Action.--If, on the basis of the review carried out 
        under subsection (c), the Trade Representative determines that 
        a foreign country is not in material compliance with the terms 
        of a trade agreement, the Trade Representative shall determine 
        what action to take under section 301(a).
            ``(2) Rule of construction.--For purposes of section 301, 
        any determination made under subsection (c) shall be treated as 
        a determination made under section 304.
            ``(3) Additional requirement.--In determining what action 
        to take under section 301(a), the Trade Representative shall 
        seek to minimize the adverse impact on existing business 
        relations or economic interests of United States persons, 
        including products for which a significant volume of trade does 
        not currently exist.
    ``(e) International Obligations.--Nothing in this section may be 
construed as requiring actions that are inconsistent with the 
international obligations of the United States, including obligations 
under the WTO Agreement.''.
    (b) Conforming Amendments.--
            (1) Congressional notification.--Section 309(3)(A) of the 
        Trade Act of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking 
        ``section 302'' and inserting ``sections 302 and 306A(c)''.
            (2) Table of contents.--The table of contents of the Trade 
        Act of 1974 relating to chapter 1 of title III is amended by 
        inserting after the item relating to section 306 the following:

``Sec. 306A. Requests for review of foreign compliance.''.

SEC. 2105. RENEWAL OF ANNUAL REPORT ON DISCRIMINATION OF UNITED STATES 
              PRODUCTS OR SERVICES IN FOREIGN GOVERNMENT PROCUREMENTS.

    (a) Renewal.--Notwithstanding section 7004 of the Omnibus Trade and 
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1548), 
subsections (d) through (k) of section 305 of the Trade Agreements Act 
of 1979 (19 U.S.C. 2515) shall be effective beginning on and after the 
date of the enactment of this Act.
    (b) General Report on Actions.--Section 305(k)(1) of the Trade 
Agreements Act of 1979 (19 U.S.C. 2515(k)(1)) is amended by striking 
``by no later than April 30, 1994'' and inserting ``by no later than 6 
years after the date of the enactment of this Act, and by no later than 
April 30 of the last year of each subsequent 6-year period''.

SEC. 2106. WITHDRAWAL FROM SUSPENSION AGREEMENTS FOR CERTAIN STEEL 
              PRODUCTS.

    (a) Withdrawal.--Notwithstanding any other provision of law, the 
Secretary of Commerce shall--
            (1) withdraw from, and discontinue participation in, any 
        suspension agreement under section 734 of the Tariff Act of 
        1930, with respect to any of the following categories of steel 
        products: semifinished, plates, sheets and strips, wire rods, 
        wire and wire products, rail type products, bars, structural 
        shapes and units, pipes and tubes, iron ore, and coke products; 
        and
            (2) notify all parties to such agreement of the termination 
        of that agreement.
    (b) Prohibition on Use of Funds.--No funds appropriated by any Act 
may be used to implement or continue in effect any suspension agreement 
under section 734 of the Tariff Act of 1930, or to negotiate or 
otherwise enter into any suspension agreement under section 734 of the 
Tariff Act of 1930, with respect to any of the following categories of 
steel products: semifinished, plates, sheets and strips, wire rods, 
wire and wire products, rail type products, bars, structural shapes and 
units, pipes and tubes, iron ore, and coke products.
    (c) Expiration Date.--This section shall expire on January 20, 
2001.

TITLE III--ABOLISHMENT OF UNITED STATES INTERNATIONAL TRADE COMMISSION 
          AND TRANSFER OF FUNCTIONS TO DEPARTMENT OF COMMERCE

Subtitle A--Abolishment of United States International Trade Commission

SEC. 3001. ABOLISHMENT OF COMMISSION.

    The United States International Trade Commission (hereinafter in 
this title referred to as the ``Commission'') is hereby abolished.

   Subtitle B--Transfer of Functions of Commission to Department of 
                                Commerce

           CHAPTER 1--FUNCTIONS UNDER THE TARIFF ACT OF 1930

      Subchapter A--Part II of Title III of the Tariff Act of 1930

SEC. 3101. INVESTIGATIONS.

    Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended--
            (1) in subsections (a) through (d), by striking 
        ``commission'' each place it appears and inserting ``Secretary 
        of Commerce''; and
            (2) in subsection (g)--
                    (A) by striking ``commission'' and ``Commission'' 
                each place such terms appear and inserting ``Secretary 
                of Commerce''; and
                    (B) in the third sentence--
                            (i) by striking ``all expenses incurred, a 
                        summary of all reports'' and inserting ``all 
                        expenses incurred and a summary of all 
                        reports''; and
                            (ii) by striking ``, and a list'' and all 
                        that follows and inserting a period.

SEC. 3102. TESTIMONY AND PRODUCTION OF PAPERS.

    Section 333 of the Tariff Act of 1930 (19 U.S.C. 1333) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``commission'' and 
                        inserting ``Secretary of Commerce''; and
                            (ii) by striking ``or its duly authorized 
                        agent or agents''; and
                    (B) by striking the last sentence;
            (2) in subsections (b) through (f), by striking 
        ``commission'' each place it appears and inserting ``Secretary 
        of Commerce''; and
            (3) in subsection (g)--
                    (A) by striking ``Commission'' and inserting 
                ``Secretary of Commerce'';
                    (B) by striking ``employees of the commission'' and 
                inserting ``employees of the Department of Commerce''; 
                and
                    (C) by striking ``at the request of the 
                commission'' and inserting ``at the request of the 
                Secretary of Commerce''.

SEC. 3103. COOPERATION WITH OTHER AGENCIES.

    Section 334 of the Tariff Act of 1930 (19 U.S.C. 1334) is amended--
            (1) by striking ``commission'' each place it appears and 
        inserting ``Secretary of Commerce'';
            (2) by striking ``, the Department of Commerce'';
            (3) by striking ``its work'' and inserting ``the work of 
        the Secretary'';
            (4) by striking ``its request'' and inserting ``the request 
        of the Secretary''; and
            (5) by striking ``said'' and inserting ``the''.

SEC. 3104. RULES AND REGULATIONS.

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) is amended--
            (1) by striking ``commission'' and inserting ``Secretary of 
        Commerce'';
            (2) by striking ``it deems necessary'' and inserting ``the 
        Secretary deems necessary''; and
            (3) by striking ``its functions and duties'' and inserting 
        ``the functions and duties of the Secretary''.

SEC. 3105. EQUALIZATION OF COSTS OF PRODUCTION.

    Section 336 of the Tariff Act of 1930 (19 U.S.C. 1336) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``commission'' each place 
                        it appears and inserting ``Secretary of 
                        Commerce''; and
                            (ii) by striking ``its own motion'' and 
                        inserting ``the motion of the Secretary'';
                    (B) in the second sentence, by striking 
                ``commission'' and inserting ``Secretary of Commerce'';
                    (C) in the third sentence--
                            (i) striking ``commission'' and inserting 
                        ``Secretary of Commerce''; and
                            (ii) by striking ``its findings'' and 
                        inserting ``the findings of the Secretary''; 
                        and
                    (D) in the fourth sentence--
                            (i) by striking ``commission'' each place 
                        it appears and inserting ``Secretary of 
                        Commerce'';
                            (ii) by striking ``its report'' and 
                        inserting ``the report of the Secretary''; and
                            (iii) by striking ``it finds'' and 
                        inserting ``the Secretary finds''; and
            (2) in subsections (c), (d), (e), and (k), by striking 
        ``commission'' each place it appears and inserting ``Secretary 
        of Commerce''.

SEC. 3106. UNFAIR PRACTICES IN IMPORT TRADE.

    Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended--
            (1) in subsection (a), by striking ``Commission'' and 
        inserting ``Secretary of Commerce'';
            (2) in subsection (b)--
                    (A) in the heading, by striking ``by Commission'';
                    (B) in paragraph (1), by striking ``Commission'' 
                and ``Commissioner'' each place such terms appears and 
inserting ``Secretary of Commerce'';
                    (C) in paragraph (2), by striking ``Commission'' 
                the first place it appears and inserting ``Secretary of 
                Commerce''; and
                    (D) by striking paragraph (3);
            (3) in subsection (c)--
                    (A) in the first through eighth sentences, by 
                striking ``Commission'' each place it appears and 
                inserting ``Secretary of Commerce'';
                    (B) in the ninth sentence, by striking ``Commission 
                determinations'' and inserting ``determinations of the 
                Secretary of Commerce''; and
                    (C) in the tenth sentence, by striking 
                ``Commission'' and inserting ``Secretary of Commerce'';
            (4) in subsection (d), by striking ``Commission'' each 
        place it appears and inserting ``Secretary of Commerce'';
            (5) in subsection (e)--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce''; and
                    (B) in paragraph (2), by striking ``Commission's 
                notice'' and inserting ``notice of the Secretary of 
                Commerce'';
            (6) in subsections (f) through (l), by striking 
        ``Commission'' each place it appears and inserting ``Secretary 
        of Commerce''; and
            (7) in subsection (n)--
                    (A) in paragraph (1), by striking ``Commission'' 
                each place it appears and inserting ``Secretary of 
                Commerce''; and
                    (B) in paragraph (2), by striking ``Commission'' 
                and inserting ``Department of Commerce''.

SEC. 3107. DISCRIMINATION BY FOREIGN COUNTRIES.

    Section 338(g) of the Tariff Act of 1930 (19 U.S.C. 1338) is 
amended--
            (1) in the heading, by striking ``by Commission or'' and 
        inserting ``of''; and
            (2) by striking ``commission'' each place it appears and 
        inserting ``Secretary of Commerce''.

SEC. 3108. TRADE REMEDY ASSISTANCE.

    Section 339 of the Tariff Act of 1930 (19 U.S.C. 1339) is amended--
            (1) in the heading, by striking ``office'';
            (2) in subsection (a), by striking ``There is established 
        in the Commission a separate office to be known as the Trade 
        Remedy Assistance Office which'' and inserting ``The Secretary 
        of Commerce''; and
            (3) in subsection (b)--
                    (A) by striking ``Trade Remedy Assistance Office'' 
                and inserting ``Secretary of Commerce''; and
                    (B) in paragraph (1), by striking ``Office'' and 
                inserting ``Secretary''.

SEC. 3109. INTERFERENCE WITH FUNCTIONS.

    Section 341 of the Tariff Act of 1930 (19 U.S.C. 1341) is amended--
            (1) in the heading, by striking ``of commission''; and
            (2) in subsection (a)--
                    (A) in the heading, by striking ``the Commission or 
                Its Employees'' and inserting ``Secretary of Commerce 
                or Employees of the Department of Commerce'';
                    (B) by striking ``commission'' the first place it 
                appears and inserting ``Department of Commerce''; and
                    (C) by striking ``commission'' the second and third 
                places it appears and inserting ``Secretary of 
                Commerce''.

           Subchapter B--Title VII of the Tariff Act of 1930

              PART I--IMPOSITION OF COUNTERVAILING DUTIES

SEC. 3111. COUNTERVAILING DUTIES IMPOSED.

    Section 701 of the Tariff Act of 1930 (19 U.S.C. 1671) is amended--
            (1) in subsection (a)(2), by striking ``Commission'' and 
        inserting ``administering authority''; and
            (2) in subsection (c)(1), by striking ``Commission'' and 
        inserting ``administering authority''.

SEC. 3112. PROCEDURES FOR INITIATING A COUNTERVAILING DUTY 
              INVESTIGATION.

    Section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) is 
amended--
            (1) in subsection (b)--
                    (A) in the last sentence of paragraph (1), by 
                striking ``and the Commission'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3)(C) (as redesignated), by 
                striking ``and the Commission'';
            (2) in subsection (c)(1)(C), by striking ``and the 
        Commission'';
            (3) by striking subsection (d); and
            (4) by redesignating subsection (e) as subsection (d).

SEC. 3113. PRELIMINARY DETERMINATIONS.

    Section 703 of the Tariff Act of 1930 (19 U.S.C. 1671b) is 
amended--
            (1) in subsection (a)--
                    (A) in the heading, by striking ``by Commission'';
                    (B) in paragraph (1), by striking ``Commission'' 
                each place it appears and inserting ``administering 
                authority''; and
                    (C) in paragraph (2)--
                            (i) in the heading, by striking 
                        ``commission'';
                            (ii) in the matter preceding subparagraph 
                        (A) and in subparagraph (A), by striking 
                        ``Commission'' each place it appears and 
                        inserting ``administering authority''; and
                            (iii) in subparagraph (B), by striking 
                        ``after the date'' and all that follows and 
                        inserting ``after the date on which the 
                        administering authority has initiated an 
                        investigation under such section.'';
            (2) in subsection (b)(1), by striking ``Commission'' and 
        inserting ``administering authority'';
            (3) in subsection (d)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1)(B);
                    (B) by striking ``, and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (4) in subsection (f)--
                    (A) by striking ``the Commission or'' the first 
                place it appears;
                    (B) by striking ``the Commission or the 
                administering authority, as the case may be,'';
                    (C) by striking ``the Commission or'';
                    (D) by striking ``(whichever is appropriate)''; and
                    (E) by striking the last sentence.

SEC. 3114. TERMINATION OR SUSPENSION OF INVESTIGATION.

    Section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``either the administering authority or the 
                        Commission'' and inserting ``the administering 
                        authority''; and
                            (ii) in subparagraph (B), by striking ``and 
                        the Commission''; and
                    (B) by striking paragraph (3);
            (2) in subsection (e)(1), by striking ``and the 
        Commission'';
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by adding ``and'' 
                        at the end;
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
                    (B) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``and the Commission'';
                            (ii) in subparagraph (A), by striking ``or 
                        the Commission''; and
                            (iii) in subparagraph (B), by striking 
                        ``and the Commission'';
            (4) in subsection (g), by striking ``and the Commission'';
            (5) in subsection (h)--
                    (A) in paragraph (1), by striking ``the Commission 
                and with notice to'';
                    (B) in paragraph (2)--
                            (i) in the heading, by striking 
                        ``Commission investigation'' and inserting 
                        ``Investigation'';
                            (ii) in the first sentence, by striking 
                        ``Commission'' and inserting ``administering 
                        authority''; and
                            (iii) in the second sentence, by striking 
                        ``Commission's determination'' and inserting 
                        ``determination of the administering 
                        authority''; and
                    (C) in paragraph (3), by striking ``Commission'' 
                each place it appears and inserting ``administering 
                authority'';
            (6) in subsection (i)(1)(E)--
                    (A) by striking ``, interested parties'' and 
                inserting ``and interested parties''; and
                    (B) by striking ``, and the Commission'';
            (7) in subsection (j), by striking ``the Commission and''; 
        and
            (8) in subsection (l), by striking ``Commission'' each 
        place it appears and inserting ``administering authority''.

SEC. 3115. FINAL DETERMINATIONS.

    Section 705 of the Tariff Act of 1930 (19 U.S.C. 1671d) is 
amended--
            (1) in subsection (b)--
                    (A) in the heading, by striking ``Final 
                Determination by Commission'' and inserting 
                ``Additional Final Determination by Administering 
                Authority'';
                    (B) in paragraph (1), by striking ``Commission'' 
                each place it appears and inserting ``administering 
                authority'';
                    (C) in paragraphs (2) and (3), by striking 
                ``Commission'' and inserting ``administering 
                authority'';
                    (D) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in the heading, by striking 
                                ``Commission standard'' and inserting 
                                ``Standard''; and
                                    (II) by striking ``Commission'' 
                                each place it appears and inserting 
                                ``administering authority''; and
                            (ii) in subparagraph (B), by striking 
                        ``Commission'' and inserting ``administering 
                        authority'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (A); and
                            (ii) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (A) and (B), respectively;
                    (B) in paragraph (2), by striking ``and the 
                Commission''; and
                    (C) in paragraph (3), by striking ``or the 
                Commission''; and
            (3) in subsection (d)--
                    (A) by striking ``or the Commission''; and
                    (B) by striking ``, other parties'' and inserting 
                ``and other parties''; and
                    (C) by striking ``, and the other agency''.

SEC. 3116. ASSESSMENT OF DUTY.

    Section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e) is 
amended--
            (1) in subsection (a), by striking ``Within 7 days after 
        being notified by the Commission of'' and inserting ``Not later 
        than 7 days after''; and
            (2) in subsections (b) and (c), by striking ``Commission'' 
        each place it appears and inserting ``administering 
        authority''.

SEC. 3117. TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED 
              COUNTERVAILING DUTY AND FINAL ASSESSED DUTY UNDER 
              COUNTERVAILING DUTY ORDER.

    Section 707 of the Tariff Act of 1930 (19 U.S.C. 1671f) is amended 
by striking ``Commission'' each place it appears and inserting 
``administering authority''.

               PART II--IMPOSITION OF ANTIDUMPING DUTIES

SEC. 3121. ANTIDUMPING DUTIES IMPOSED.

    Section 731(2) of the Tariff Act of 1930 (19 U.S.C. 1673(2)) is 
amended by striking ``Commission'' and inserting ``administering 
authority''.

SEC. 3122. PROCEDURES FOR INITIATING AN ANTIDUMPING DUTY INVESTIGATION.

    Section 732 of the Tariff Act of 1930 (19 U.S.C. 1673a) is 
amended--
            (1) in subsection (a)(2)(D), by striking ``and the 
        Commission'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``and the 
                Commission'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraph (3) as paragraph 
                (2); and
                    (D) in subparagraph (C) of paragraph (2) (as 
                redesignated), by striking ``and the Commission'';
            (3) in subsection (c)(1)(C), by striking ``and the 
        Commission'';
            (4) by striking subsection (d); and
            (5) by redesignating subsection (e) as subsection (d).

SEC. 3123. PRELIMINARY DETERMINATIONS.

    Section 733 of the Tariff Act of 1930 (19 U.S.C. 1673b) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``Commission'' 
                each place it appears and inserting ``administering 
                authority''; and
                    (B) in paragraph (2)--
                            (i) by striking ``Commission'' the first 
                        time it appears and inserting ``administering 
                        authority'';
                            (ii) in subparagraph (A)(ii), by striking 
                        ``the Commission'' and all that follows and 
                        inserting ``the administering authority has 
                        initiated the investigation, and''; and
                            (iii) in subparagraph (B), by striking 
                        ``the Commission'' an all that follows and 
                        inserting ``the administering authority has 
                        initiated an investigation under such 
                        section.'';
            (2) in subsection (b)(1)(A), by striking ``Commission'' and 
        inserting ``administering authority'';
            (3) in subsection (d)--
                    (A) by adding ``and'' at the end of paragraph (1);
                    (B) in paragraph (2), by striking ``, and'' at the 
                end and inserting a period; and
                    (C) by striking paragraph (3); and
            (4) in subsection (f)--
                    (A) by striking ``the Commission or'' each place it 
                appears;
                    (B) by striking ``, as the case may be,'';
                    (C) by striking ``(whichever is appropriate)''; and
                    (D) by striking the last sentence.

SEC. 3124. TERMINATION OR SUSPENSION OF INVESTIGATION.

    Section 734 of the Tariff Act of 1930 (19 U.S.C. 1673c) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``either the administering authority or the 
                        Commission'' and inserting ``the administering 
                        authority''; and
                            (ii) in subparagraph (B), by striking ``and 
                        the Commission''; and
                    (B) by striking paragraph (3);
            (2) in subsection (e)(1), by striking ``and the 
        Commission'';
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting 
                        ``and'' at the end;
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
                    (B) in paragraph (3)--
                            (i) by striking ``and the Commission'' each 
                        place it appears; and
                            (ii) in subparagraph (A), by striking ``or 
                        the Commission'';
            (4) in subsection (g), by striking ``and the Commission'';
            (5) in subsection (h)--
                    (A) in paragraph (1), by striking ``the Commission 
                and with notice to'';
                    (B) in paragraph (2)--
                            (i) in the heading, by striking 
                        ``Commission investigation'' and inserting 
                        ``Investigation'';
                            (ii) by striking ``Commission'' and 
                        inserting ``administering authority''; and
                            (iii) by striking ``Commission's 
                        determination'' and inserting ``determination 
                        of the administering authority''; and
                    (C) in paragraph (3), by striking ``Commission'' 
                each place it appears and inserting ``administering 
                authority'';
            (6) in subsection (j), by striking ``the Commission and''; 
        and
            (7) in subsection (m), by striking ``Commission'' each 
        place it appears and inserting ``administering authority''.

SEC. 3125. FINAL DETERMINATIONS.

    Section 735 of the Tariff Act of 1930 (19 U.S.C. 1673d) is 
amended--
            (1) in subsection (b)--
                    (A) in the heading, by striking ``Final 
                Determination by Commission'' and inserting 
                ``Additional Final Determination by Administering 
                Authority'';
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``administering authority''; and
                    (C) in the heading of paragraph (4)(A), by striking 
                ``Commission standard'' and inserting ``Standard'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (A); and
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (B);
                    (B) in paragraph (2), by striking ``and the 
                Commission''; and
                    (C) in paragraph (3), by striking ``or the 
                Commission''; and
            (3) in subsection (d)--
                    (A) by striking ``or the Commission'';
                    (B) by striking ``, other parties'' and inserting 
                ``and other parties''; and
                    (C) by striking ``, and the other agency''.

SEC. 3126. ASSESSMENT OF DUTY.

    Section 736 of the Tariff Act of 1930 (19 U.S.C. 1673e) is 
amended--
            (1) in subsection (a), by striking ``Within 7 days after 
        being notified by the Commission of'' and inserting ``Not later 
        than 7 days after''; and
            (2) in subsections (b), (c) and (d), by striking 
        ``Commission'' each place it appears and inserting 
        ``administering authority''.

SEC. 3127. TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED 
              ANTIDUMPING DUTY AND FINAL ASSESSED DUTY UNDER 
              ANTIDUMPING DUTY ORDER.

    Section 737 of the Tariff Act of 1930 (19 U.S.C. 1673f) is amended 
by striking ``Commission'' each place it appears and inserting 
``administering authority''.

SEC. 3128. ESTABLISHMENT OF PRODUCT CATEGORIES FOR SHORT LIFE CYCLE 
              MERCHANDISE.

    Section 739 of the Tariff Act of 1930 (19 U.S.C. 1673h) is amended 
by striking ``Commission'' each place it appears and inserting 
``administering authority''.

         PART III--REVIEWS; OTHER ACTIONS REGARDING AGREEMENTS

SEC. 3131. ADMINISTRATIVE REVIEW OF DETERMINATIONS.

    Section 751 of the Tariff Act of 1930 (19 U.S.C. 1675) is amended--
            (1) in subsection (a)(4), by striking the last sentence;
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``or the Commission''; and
                            (ii) by striking ``or the Commission (as 
                        the case may be)'';
                    (B) in paragraph (2)--
                            (i) in the heading, by striking 
                        ``Commission review'' and inserting ``Review''; 
                        and
                            (ii) in the matter preceding subparagraph 
                        (A), by striking ``Commission'' and inserting 
                        ``administering authority''; and
                    (C) in paragraphs (3) and (4), by striking 
                ``Commission'' each place it appears and inserting 
                ``administering authority'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``Commission'' and inserting ``administering 
                        authority''; and
                            (ii) in the matter following subparagraph 
                        (C), by striking ``and the Commission'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``and 
                        the Commission''; and
                            (ii) in subparagraph (C), by striking ``or 
                        the Commission'';
                    (C) in paragraph (3)(B), by striking ``, or the 
                Commission, within 150 days after such initiation'';
                    (D) in paragraph (4)(A), by striking ``and to 
                participate only in the review conducted by the 
                Commission under this subsection'';
                    (E) in paragraph (5)--
                            (i) in subparagraph (A), by striking the 
                        second sentence;
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or the Commission 
                                (as the case may be)'' each place it 
                                appears'';
                                    (II) by striking ``their respective 
                                determinations'' and inserting ``its 
                                determination''; and
                                    (III) by striking the second 
                                sentence;
                            (iii) in subparagraph (C), by striking ``or 
                        the Commission (as the case may be)''; and
                            (iv) in subparagraph (D)--
                                    (I) by striking ``The Commission, 
                                in consultation with the administering 
                                authority,'' and inserting ``The 
                                administering authority''; and
                                    (II) by striking the second 
                                sentence; and
                    (F) in paragraph (6)(B), by striking ``, in 
                consultation with the Commission,'';
            (4) in subsection (d)(2)(B), by striking ``Commission'' and 
        inserting ``administering authority'';
            (5) in subsection (e), by striking ``or the Commission''; 
        and
            (6) in subsection (f)--
                    (A) by striking ``Commission'' the first place it 
                appears and inserting ``administering authority'';
                    (B) by striking ``Commission's determination'' and 
                inserting ``determination of the administering 
                authority''; and
                    (C) by striking ``and the Commission''.

SEC. 3132. SPECIAL RULES FOR SECTION 751(B) AND 751(C) REVIEWS.

    Section 752 of the Tariff Act of 1930 (19 U.S.C. 1675a) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``administering authority''; and
                    (B) in paragraph (5), by striking ``Commission's 
                determination'' and inserting ``determination of the 
                administering authority'';
            (2) in subsection (b)(3), by striking the first sentence; 
        and
            (3) in subsection (c)(3), by striking the first sentence.

SEC. 3133. SPECIAL RULES FOR INJURY INVESTIGATIONS FOR CERTAIN SECTION 
              303 OR SECTION 701(C) COUNTERVAILING DUTY ORDERS AND 
              INVESTIGATIONS.

    Section 753 of the Tariff Act of 1930 (19 U.S.C. 1675b) is 
amended--
            (1) in subsection (a)(1), by striking ``Commission'' and 
        inserting ``administering authority'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the heading, by striking 
                        ``Commission procedure'' and inserting 
                        ``Procedure'';
                            (ii) by striking ``Commission'' each place 
                        it appears and inserting ``administering 
                        authority''; and
                            (iii) in the heading of subparagraph (B), 
                        by striking ``commission'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking the first sentence;
                                    (II) by striking ``Commission'' 
                                each place it appears; and
                                    (III) by striking ``provided by the 
                                administering authority''; and
                            (ii) in subparagraph (B), by striking 
                        ``shall inform the Commission of, and the 
                        Commission'';
                    (C) in paragraph (3)--
                            (i) in the heading, by striking 
                        ``commission'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``Upon being 
                                notified by the Commission that it has 
                                made'' and inserting ``Upon making''; 
                                and
                                    (II) by striking ``Commission's 
                                determination'' and inserting 
                                ``determination of the administering 
                                authority''; and
                            (iii) in subparagraph (B)--
                                    (I) by striking ``Upon being 
                                notified by the Commission that it has 
                                made'' and inserting ``Upon making''; 
                                and
                                    (II) by striking ``Commission'' and 
                                inserting ``administering authority''; 
                                and
                    (D) in paragraph (4), by striking ``the Commission 
                shall notify the administering authority that a 
                negative determination has been made under subsection 
                (a) and'';
            (3) in subsection (c), in the matter preceding paragraph 
        (1), by striking ``Commission'' and inserting ``administering 
        authority'';
            (4) in subsection (d), by striking ``or the Commission, as 
        the case may be,''; and
            (5) in subsection (e)--
                    (A) in paragraph (1)(A), by striking ``, after 
                consulting with the Commission,'';
                    (B) in paragraph (2), by striking ``Commission'' 
                and inserting ``administering authority''; and
                    (C) in paragraph (3)--
                            (i) by striking ``Commission'' each place 
                        it appears and inserting ``administering 
                        authority''; and
                            (ii) by striking ``Commission's 
                        determination'' and inserting ``determination 
                        of the administering authority''.

SEC. 3134. REQUIRED DETERMINATIONS.

    Section 762 of the Tariff Act of 1930 (19 U.S.C. 1676a) is 
amended--
            (1) in subsection (a), by striking ``Commission'' and 
        inserting ``administering authority'';
            (2) in subsection (b)--
                    (A) by striking ``and the Commission'' each place 
                it appears; and
                    (B) by striking ``, respectively,''; and
            (3) in subsection (c), by striking ``and the Commission''.

                      PART IV--GENERAL PROVISIONS

SEC. 3141. DEFINITIONS; SPECIAL RULES.

    Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended--
            (1) by striking paragraph (2);
            (2) in paragraph (4)(E), by striking ``Commission'' each 
        place it appears and inserting ``administering authority'';
            (3) in paragraph (7)--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``administering authority''; and
                    (B) in subparagraph (G)(ii)(I), by striking 
                ``Commission's final determination'' and inserting 
                ``final determination of the administering authority'';
            (4) in paragraph (9), by striking ``and the Commission'';
            (5) by striking paragraph (11);
            (6) in paragraph (24), by striking ``Commission'' each 
        place it appears and inserting ``administering authority''; and
            (7) in paragraph (35)--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``administering authority''; and
                    (B) in subparagraph (C)(ii), by striking 
                ``Commission's administrative record'' and inserting 
                ``the administrative record of the administering 
                authority''.

SEC. 3142. HEARINGS.

    Section 774 of the Tariff Act of 1930 (19 U.S.C. 1677c) is 
amended--
            (1) in subsection (a)(1), by striking ``and the Commission 
        shall each'' and inserting ``shall''; and
            (2) by striking ``Commission'' each place it appears and 
        inserting ``administering authority''.

SEC. 3143. DETERMINATIONS ON THE BASIS OF THE FACTS AVAILABLE.

    Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``or the Commission'' and
                    (B) by striking ``and the Commission'';
            (2) in subsection (b), by striking ``or the Commission (as 
        the case may be)'' each place it appears; and
            (3) in subsection (c)--
                    (A) by striking ``or the Commission'' each place it 
                appears; and
                    (B) by striking ``, as the case may be,''.

SEC. 3144. ACCESS TO INFORMATION.

    Section 777 of the Tariff Act of 1930 (19 U.S.C. 1677f) is 
amended--
            (1) in subsection (a), by striking ``and the Commission'' 
        each place it appears;
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or 
                        the Commission'' each place it appears; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``and the 
                                Commission''; and
                                    (II) by striking ``or the 
                                Commission'' each place it appears;
                    (B) in paragraph (2)--
                            (i) by striking ``or the Commission'' each 
                        place it appears; and
                            (ii) by striking ``, as the case may be,''; 
                        and
                    (C) in paragraph (3), by striking ``or the 
                Commission'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``or the 
                                Commission''; and
                                    (II) by striking ``Commission'' and 
                                inserting ``administering authority'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or the 
                                Commission'';
                                    (II) by striking ``and the 
                                Commission'' each place it appears; and
                                    (III) by striking ``determine to be 
                                appropriate'' and inserting 
                                ``determines to be appropriate'';
                            (iii) in subparagraph (C), by striking ``or 
                        the Commission, as the case may be,''; and
                            (iv) in subparagraph (D), by striking ``or 
                        the Commission'' each place it appears; and
                    (B) in paragraph (2), by striking ``or the 
                Commission'' each place it appears;
            (4) in subsection (d), by striking ``or the Commission'' 
        each place it appears;
            (5) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``or the 
                                Commission, as appropriate,'' each 
                                place it appears; and
                                    (II) by striking ``or the 
                                Commission'';
                            (ii) in subparagraph (B)(iii), by striking 
                        ``or the Commission, as appropriate,''; and
                            (iii) in subparagraph (C), by striking ``or 
                        the Commission'';
                    (B) in paragraph (2)--
                            (i) by striking ``or the Commission'' each 
                        place it appears; and
                            (ii) by striking ``and the Commission''
                    (C) in paragraph (4), by striking ``or the 
                Commission'' each place it appears;
                    (D) in paragraph (5)--
                            (i) by striking ``or the Commission, as 
                        appropriate''; and
                            (ii) by striking ``or the Commission'' each 
                        place it appears;
                    (E) in paragraph (6), by striking ``or the 
                Commission''; and
                    (F) in paragraph (7)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``and the 
                                Commission, or their'' and inserting 
                                ``or its'';
                                    (II) by striking ``Any member of 
                                the Commission, and any'' and inserting 
                                ``Any'';
                                    (III) by striking ``administering 
                                authority,'' and inserting 
                                ``administering authority'';
                                    (IV) by striking ``and members'';
                                    (V) by striking ``and the 
                                Commission''; and
                                    (VI) by striking ``or the 
                                Commission, as appropriate,''
                            (ii) in subparagraph (B), by striking ``or 
                        the Commission''; and
                            (iii) in subparagraph (D)--
                                    (I) by striking ``or the 
                                Commission''; and
                                    (II) by striking ``or Commission'' 
                                each place it appears;
            (6) in subsection (g), by striking ``and the Commission'';
            (7) in subsection (h)--
                    (A) by striking ``and the Commission''; and
                    (B) by striking ``, and to the Commission'' and 
                inserting ``and''; and
            (8) in subsection (i)
                    (A) in paragraph (1)--
                            (i) by striking ``or the Commission''; and
                            (ii) by striking ``or the Commission, as 
                        the case may be'';
                    (B) in paragraph (2)(B), by striking ``a 
                determination of the Commission'' and inserting ``an 
                additional separate determination of the administering 
                authority''; and
                    (C) in paragraph (3)(B), by striking ``Commission'' 
                and inserting ``administering authority''.

SEC. 3145. DOWNSTREAM PRODUCT MONITORING.

    Section 780 of the Tariff Act of 1930 (19 U.S.C. 1677i) is 
amended--
            (1) in subsection (b)--
                    (A) in the heading, by striking ``by the 
                Commission'';
                    (B) in paragraph (1), by striking ``Commission'' 
                each place it appears and inserting ``administering 
                authority''; and
                    (C) in paragraph (2)--
                            (i) by striking ``to the administering 
                        authority''; and
                            (ii) by striking ``Commission'' and 
                        inserting ``administering authority''; and
            (2) in subsection (c)--
                    (A) by striking ``shall review the information in 
                the reports submitted by the Commission under 
                subsection (b)(2) and'';
                    (B) in paragraph (1), by inserting after 
                ``information'' the following ``in the reports 
                described in subsection (b)(2)''; and
                    (C) in paragraph (2), by striking ``request the 
                Commission to''.

SEC. 3146. PREVENTION OF CIRCUMVENTION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    Section 781 of the Tariff Act of 1930 (19 U.S.C. 1677j) is 
amended--
            (1) in subsections (a)(1) and (b), by striking ``, after 
        taking into account any advice provided by the Commission under 
        subsection (e),'' each place it appears;
            (2) in subsection (d)(1), by striking the last sentence; 
        and
            (3) by striking subsection (e).

SEC. 3147. CONDUCT OF INVESTIGATIONS AND ADMINISTRATIVE REVIEWS.

    Section 782 of the Tariff Act of 1930 (19 U.S.C. 1677m) is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``or the Commission'' each 
                        place it appears; and
                            (ii) by striking ``(as the case may be)'' 
                        each place it appears;
                    (B) in paragraph (2)--
                            (i) by striking ``and the Commission''; and
                            (ii) by striking ``or the Commission'';
            (2) in subsection (d)--
                    (A) by striking ``or the Commission'' each place it 
                appears; and
                    (B) by striking ``(as the case may be)'' each place 
                it appears;
            (3) in subsection (e)--
                    (A) by striking ``and the Commission''; and
                    (B) by striking ``or the Commission'' each place it 
                appears;
            (4) in subsection (f), by striking ``or the Commission''; 
        and
            (5) in subsection (g)--
                    (A) by striking ``or the Commission'' each place it 
                appears;
                    (B) by striking ``and the Commission''; and
                    (C) by striking ``(as the case may be)''.

SEC. 3148. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.

    Section 783 of the Tariff Act of 1930 (19 U.S.C. 1677n) is 
amended--
            (1) in subsection (b), by striking ``and the Commission'';
            (2) in subsection (c)(2), by striking ``Commission'' and 
        inserting ``administering authority'';
            (3) in subsection (d)(2), by striking ``and the 
        Commission'';
            (4) in subsection (e), by striking ``Commission'' and 
        inserting ``administering authority''; and
            (5) in subsections (f) and (g), by striking ``and the 
        Commission'' each place it appears.

            CHAPTER 2--FUNCTIONS UNDER THE TRADE ACT OF 1974

SEC. 3201. ADVICE FROM SECRETARY OF COMMERCE.

    Section 131 of the Trade Act of 1974 (19 U.S.C. 2151) is amended--
            (1) in the heading, by striking ``international trade 
        commission'' and inserting ``secretary of commerce'';
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``International 
                Trade Commission (hereafter in this section referred to 
                as the `Commission')'' and inserting ``Secretary of 
                Commerce''; and
                    (B) in paragraph (2), by striking ``Commission'' 
                and inserting ``Secretary of Commerce'';
            (3) in subsection (b)--
                    (A) in the heading, by striking ``by Commission''; 
                and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce'';
            (4) in subsection (c), by striking ``Commission'' and 
        inserting ``Secretary of Commerce'';
            (5) in subsection (d)--
                    (A) in the heading, by striking ``Commission''; and
                    (B) by striking ``Commission'' and inserting 
                ``Secretary of Commerce''; and
            (6) in subsection (e), by striking ``Commission'' and 
        inserting ``Secretary of Commerce''.

SEC. 3202. PREREQUISITES FOR OFFERS.

    Section 134 of the Trade Act of 1974 (19 U.S.C. 2154) is amended by 
striking ``Commission'' each place it appears and inserting ``Secretary 
of Commerce''.

SEC. 3203. TRANSMISSION OF AGREEMENTS TO CONGRESS.

    Section 162(a) of the Trade Act of 1974 (19 U.S.C. 2212(a)) is 
amended by striking ``International Trade Commission'' and inserting 
``Secretary of Commerce''.

SEC. 3204. ACTION TO FACILITATE POSITIVE ADJUSTMENT TO IMPORT 
              COMPETITION.

    Section 201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is 
amended by striking ``United States International Trade Commission 
(hereinafter referred to in this chapter as the `Commission')'' and 
inserting ``Secretary of Commerce''.

SEC. 3205. INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDATIONS.

    Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended--
            (1) in the heading, by striking ``commission'' and 
        inserting ``secretary of commerce;
            (2) in subsection (a), by striking ``Commission'' each 
        place it appears and inserting ``Secretary of Commerce'';
            (3) in subsection (b)--
                    (A) in the heading, by striking ``by Commission''; 
                and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce'';
            (4) in subsection (c), by striking ``Commission'' each 
        place it appears and inserting ``Secretary of Commerce'';
            (5) in subsection (d), by striking ``Commission'' each 
        place it appears and inserting ``Secretary of Commerce'';
            (6) in subsection (e)--
                    (A) in the heading, by striking ``Commission'';
                    (B) in paragraphs (1) through (5), by striking 
                ``Commission'' each place it appears and inserting 
                ``Secretary of Commerce''; and
                    (C) by striking paragraph (6);
            (7) in subsection (f)--
                    (A) in the heading, by striking ``Commission'';
                    (B) in paragraph (1), by striking ``Commission'' 
                and inserting ``Secretary of Commerce'';
                    (C) in paragraph (2)--
                            (i) by striking ``Commission'' and 
                        inserting ``Secretary of Commerce'' each place 
                        it appears;
                            (ii) by striking subparagraph (C); and
                            (iii) by redesignating subparagraphs (D) 
                        through (G) as subparagraphs (C) through (F), 
                        respectively; and
                    (D) in paragraph (3), by striking ``Commission'' 
                and inserting ``Secretary of Commerce'';
            (8) in subsection (g)--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce'';
                    (B) by striking ``and the Secretary of Commerce'';
                    (C) by striking ``such notification--'' and all 
                that follows through ``(1) the Secretary of Labor'' and 
                inserting ``such notification the Secretary of Labor''; 
                and
                    (D) by striking ``chapter 2; and'' and all that 
                follows through ``(2) the Secretary of Commerce'' and 
                inserting ``chapter 2. The Secretary of Commerce''; and
            (9) in subsections (h) and (i), by striking ``Commission'' 
        each place it appears and inserting ``Secretary of Commerce''.

SEC. 3206. ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT INJURY.

    Section 203 of the Trade Act of 1974 (19 U.S.C. 2253) is amended--
            (1) in subsection (a) by striking ``Commission'' each place 
        it appears and inserting ``Secretary of Commerce'';
            (2) in subsection (b)(1), by striking ``Commission'' and 
        inserting ``Secretary of Commerce'';
            (3) in subsection (c)--
                    (A) in the heading, by striking ``Commission'' and 
                inserting ``Secretary of Commerce''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce'';
            (4) in subsection (d)(2), by striking ``Commission'' and 
        inserting ``Secretary of Commerce''; and
            (5) in subsection (e)--
                    (A) in subparagraph (B)(i), by striking ``(or, if 
                the Commission'' and all that follows through 
                ``Commission),''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce''.

SEC. 3207. MONITORING, MODIFICATION, AND DETERMINATION OF ACTION.

    Section 204 of the Trade Act of 1974 (19 U.S.C. 2254) is amended--
            (1) in subsection (a), by striking ``Commission'' each 
        place it appears and inserting ``Secretary of Commerce'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``the 
                Secretary of Commerce and''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce''; and
            (3) in subsections (c) through (e), by striking 
        ``Commission'' each place it appears and inserting ``Secretary 
        of Commerce''.

SEC. 3208. STUDY BY SECRETARY OF LABOR WHEN SECRETARY OF COMMERCE 
              BEGINS INVESTIGATION.

    Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended--
            (1) in the heading, by striking ``international trade 
        commission'' and inserting ``secretary of commerce'';
            (2) in subsection (a)--
                    (A) by striking ``International Trade Commission 
                (hereafter referred to in this chapter as the 
                `Commission')'' and inserting ``Secretary of 
                Commerce''; and
                    (B) by striking ``Commission'' and inserting 
                ``Secretary of Commerce''; and
            (3) in subsection (b), by striking ``Commission'' and 
        inserting ``Secretary of Commerce''.

SEC. 3209. STUDY BY SECRETARY OF COMMERCE; ACTION WHERE THERE IS 
              AFFIRMATIVE FINDING.

    Section 264 of the Trade Act of 1974 (19 U.S.C. 2354) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Commission'' the first place it 
                appears and inserting ``Secretary of Commerce''; and
                    (B) by striking ``the Commission shall immediately 
                notify the Secretary of such investigation, and''; and
            (2) in subsections (b) and (c), by striking ``Commission'' 
        each place it appears and inserting ``Secretary of Commerce''.

SEC. 3210. DETERMINATIONS BY THE TRADE REPRESENTATIVE.

    Section 304(b)(1)(C) of the Trade Act of 1974 (19 U.S.C. 
2414(b)(1)(C)) is amended by striking ``United States International 
Trade Commission'' and inserting ``Secretary of Commerce''.

SEC. 3211. MARKET DISRUPTION.

    Section 406 of the Trade Act of 1974 (19 U.S.C. 2436) is amended--
            (1) in subsection (a)--
                    (A) by striking ``International Trade Commission 
                (hereafter in this section referred to as the 
                `Commission')'' and inserting ``Secretary of 
                Commerce''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce'';
            (2) in subsection (b), by striking ``Commission'' and 
        inserting ``Secretary of Commerce'';
            (3) in subsection (c)--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce''; and
                    (B) by striking ``Commission's report'' and 
                inserting ``report of the Secretary of Commerce''; and
            (4) in subsection (e)(2)(C), by striking ``Commission'' and 
        inserting ``Secretary of Commerce''.

SEC. 3212. DESIGNATION OF ELIGIBLE ARTICLES.

    Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended--
            (1) in subsection (a), by striking ``International Trade 
        Commission'' each place it appears and inserting ``Secretary of 
        Commerce'';
            (2) in subsection (d)(1)(A), by striking ``International 
        Trade Commission'' and inserting ``Secretary of Commerce''; and
            (3) in subsection (e)--
                    (A) in the heading, by striking ``International 
                Trade Commission Advice'' and inserting ``Publication 
                of Lists of Eligible Articles; Provision of Lists to 
                Secretary of Commerce''; and
                    (B) by striking ``International Trade Commission'' 
                and inserting ``Secretary of Commerce''.

SEC. 3213. ADDITIONAL FUNCTIONS OF THE SECRETARY OF COMMERCE.

    Section 603 of the Trade Act of 1974 (19 U.S.C. 2482) is amended--
            (1) in the heading, by striking ``international trade 
        commission'' and inserting ``additional functions of the 
        secretary of commerce'';
            (2) in subsection (a), by striking ``International Trade 
        Commission'' and inserting ``Secretary of Commerce''; and
            (3) in subsections (b) and (c), by striking ``Commission'' 
        each place it appears and inserting ``Secretary of Commerce''.

           CHAPTER 3--FUNCTIONS UNDER OTHER PROVISIONS OF LAW

SEC. 3301. ACT OF JUNE 12, 1934.

    Section 4 of the Act of June 12, 1934 (Chapter 474; 48 Stat. 945; 
19 U.S.C. 1354) is amended by striking ``International Trade 
Commission'' and inserting ``Secretary of Commerce''.

SEC. 3302. TRADE AGREEMENTS EXTENSION ACT OF 1951.

    (a) Furnishing of List by President.--Section 3 of the Trade 
Agreements Extension Act of 1951 (19 U.S.C. 1360) is amended--
            (1) in subsection (a)--
                    (A) by striking ``United States International Trade 
                Commission'' and inserting ``Secretary of Commerce'';
                    (B) by striking ``(hereinafter'' and all that 
                follows through ``referred to as the `Commission')''; 
                and
                    (C) by striking ``Commission'' each place it 
                appears and inserting ``Secretary of Commerce''; and
            (2) in subsection (b), by striking ``Commission'' each 
        place it appears and inserting ``Secretary of Commerce''.
    (b) Copy of Agreement to Congress.--Section 4(a) of the Trade 
Agreements Extension Act of 1951 (19 U.S.C. 1361(a)) is amended by 
striking ``United States International Trade Commission'' and inserting 
``Secretary of Commerce''.

SEC. 3303. OMNIBUS TRADE AND COMPETITIVENESS ACT OF 1988.

    Section 1102(a)(3)(B) of the Omnibus Trade and Competitiveness Act 
of 1988 (19 U.S.C. 2902(a)(3)(B)) is amended by striking ``United 
States International Trade Commission'' and inserting ``Secretary of 
Commerce''.

SEC. 3304. ANDEAN TRADE PREFERENCE ACT.

    (a) Eligible Articles.--Section 204 of the Andean Trade Preference 
Act (19 U.S.C. 3203) is amended--
            (1) in subsection (d)--
                    (A) by striking ``United States International Trade 
                Commission'' each place it appears and inserting 
                ``Secretary of Commerce; and
                    (B) in paragraph (2), by striking ``Commission'' 
                and inserting ``Secretary of Commerce''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``United States 
                International Trade Commission'' and inserting 
                ``Secretary of Commerce; and
                    (B) in paragraph (4)(C)--
                            (i) by striking ``United States 
                        International Trade Commission'' and inserting 
                        ``Secretary of Commerce; and
                            (ii) by striking ``Commission's report'' 
                        and inserting ``report of the Commission''.
    (b) Reports on Impact of the Andean Trade Preference Act.--Section 
206 of the Andean Trade Preference Act (19 U.S.C. 3204) is amended--
            (1) in the heading, by striking ``international trade 
        commission'';
            (2) in subsection (a), by striking ``United States 
        International Trade Commission (hereinafter in this section 
        referred to as the `Commission')'' and inserting ``Secretary of 
        Commerce''; and
            (3) in subsections (b) and (c), by striking ``Commission'' 
        each place it appears and inserting ``Secretary of Commerce''.

SEC. 3305. URUGUAY ROUND AGREEMENTS ACT.

    (a) Consultation and Layover Requirements for, and Effective Date 
of, Proclaimed Actions.--Section 115(1)(B) of the Uruguay Round 
Agreements Act (19 U.S.C. 3524(1)(B)) is amended by striking 
``International Trade Commission'' and inserting ``Secretary of 
Commerce''.
    (b) Dispute Settlement Panels and Procedures.--Section 123(g)(4) of 
the Uruguay Round Agreements Act (19 U.S.C. 3533(g)(4)) is amended--
            (1) in the heading, by striking ``itc'' and inserting 
        ``department of commerce''; and
            (2) by striking ``International Trade Commission'' and 
        inserting ``Department of Commerce that were in effect with 
        respect to, or exercised by, the International Trade Commission 
        on the day before the date of the enactment of the Trade Policy 
        Reform Act''.
    (c) Administrative Action Following WTO Panel Reports.--Section 129 
of the Uruguay Round Agreements Act (19 U.S.C. 3538) is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b) through (e) as 
        subsections (a) through (d), respectively;
            (3) in subsection (a)(1) (as redesignated)--
                    (A) by inserting before ``in a proceeding'' the 
                following: ``in connection with a particular proceeding 
                or''; and
                    (B) by striking ``the Antidumping Agreement or the 
                Agreement on Subsidies and Countervailing Measures'' 
                and inserting ``the Antidumping Agreement, the 
                Safeguards Agreement, or the Agreement on Subsidies and 
                Countervailing Measures (as the case may be)'';
            (4) in subsection (b) (as redesignated), by striking ``on 
        or after--'' and all that follows through ``(B) in the case 
        of'' and inserting ``on or after, in the case of''; and
            (5) in subsection (c) (as redesignated), by striking ``or 
        the Commission, as the case may be,''.

SEC. 3306. ATOMIC ENERGY ACT OF 1954.

    Subsection d. of section 170B of the Atomic Energy Act of 1954 (42 
U.S.C. 2210b(d)) is amended by striking ``United States International 
Trade Commission'' and inserting ``Secretary of Commerce''.

                  CHAPTER 4--MISCELLANEOUS PROVISIONS

SEC. 3401. TRANSFER OF OTHER FUNCTIONS.

    In addition to the functions of the Commission transferred to the 
Department of Commerce by reason of the amendments made by this 
subtitle, there are hereby transferred to the Department of Commerce 
all other functions that the Commission exercised on the day before the 
effective date specified in section 3601, including all related 
functions of any employee of the Commission.

SEC. 3402. TRANSFER OF ASSETS AND FUNDS.

    Consistent with section 1531 of title 31, United States Code, the 
personnel, assets, liabilities, contracts, property, records, and 
unexpended balances of appropriations, authorizations, allocations, and 
other funds of the Commission shall be transferred to the Department of 
Commerce. Unexpended funds transferred pursuant to this section shall 
be used by the Department of Commerce only for the purposes for which 
the funds were originally authorized and appropriated.

SEC. 3403. SAVINGS PROVISIONS.

    The transfer of functions from the Commission by reason of the 
amendments made by chapters 1 through 3 of this subtitle, and under 
section 3401, shall not affect--
            (1) an order, determination, rule, regulation, permit, 
        agreement, grant, contract, certificate, license, registration, 
        privilege, or other administrative action issued, made, 
        granted, or otherwise in effect or final with respect to the 
        Commission on the day before the transfer date with respect to 
        the transferred functions; or
            (2) any suit commenced with regard to the Commission, and 
        any other proceeding (including a notice of proposed 
        rulemaking), or any application for any license, permit, 
        certificate, or financial assistance pending before the 
        Commission on the day before the transfer date with respect to 
        the transferred functions.

            Subtitle C--Technical and Conforming Amendments

SEC. 3501. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Title 5, U.S.C.--(1) Section 5314 of title 5, United States 
Code, is amended by striking the following:
            ``Chairman, United States International Trade 
        Commission.''.
    (2) Section 5315 of title 5, United States Code, is amended by 
striking the following:
            ``Members, United States International Trade Commission 
        (5).''.
    (b) Agricultural Adjustment Act.--Section 22 of the Agricultural 
Adjustment Act (7 U.S.C. 624) is amended--
            (1) in subsection (a), by striking ``United States Tariff 
        Commission'' and inserting ``Secretary of Agriculture''; and
            (2) in subsection (b), by striking ``Tariff Commission'' 
        each place it appears and inserting ``Secretary of Commerce''.
    (c) Tariff Act of 1930.--(1) Part II of title III of the Tariff Act 
of 1930 (19 U.S.C. 1330 et seq.) is amended by striking the heading and 
inserting the following:

 ``Part II--Oversight of Tariff Relations by Department of Commerce''.

    (2) Part II of title III of the Tariff Act of 1930 (19 U.S.C. 1330 
et seq.) is amended--
            (A) by striking sections 330 and 331;
            (B) by redesignating sections 332 through 339 and 341 as 
        sections 330 through 339, respectively;
            (C) in section 330 (as redesignated)--
                    (i) by striking subsection (f);
                    (ii) by redesignating subsection (g) as subsection 
                (f); and
                    (iii) in the last sentence of subsection (f) (as 
                redesignated), by striking ``section 337'' and 
                inserting ``section 335'';
            (D) in section 331(f) (as redesignated), by striking 
        ``section 332'' and inserting ``section 330''; and
            (E) in section 337(c)(2)(F) (as redesignated), by striking 
        ``section 337 of the Tariff Act of 1930'' and inserting 
        ``section 335''.
    (3) Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is 
amended--
            (A) in subsection (a)--
                    (i) in paragraph (1)--
                            (I) in subparagraphs (A) and (B), by 
                        striking ``Commission'' each place it appears 
                        and inserting ``administering authority''; and
                            (II) in subparagraph (D), by striking ``or 
                        the Commission'';
                    (ii) in paragraph (2)(B)--
                            (I) in clause (i), by striking ``and by the 
                        Commission'';
                            (II) in clauses (ii) and (iii), by striking 
                        ``or the Commission'';
                            (III) in clause (v), by striking 
                        ``Commission'' and inserting ``administering 
                        authority'';
                            (IV) in clause (vii), by striking ``or the 
                        Commission''; and
                            (V) in clause (viii), by striking 
                        ``Commission'' and inserting ``administering 
                        authority''; and
                    (iii) in paragraph (3), by striking ``Commission'' 
                and inserting ``administering authority'';
            (B) in subsection (b)(2)(A)(i), by striking ``the 
        Secretary, the administering authority, or the Commission'' and 
        inserting ``the Secretary or the administering authority'';
            (C) in subsection (c), by striking ``the Secretary, the 
        administering authority, or the Commission'' each place it 
        appears and inserting ``the Secretary or the administering 
        authority'';
            (D) in subsection (e), by striking ``the Secretary, the 
        administering authority, or the Commission'' and inserting 
        ``the Secretary or the administering authority'';
            (E) by striking paragraph (2) of subsection (f); and
            (F) in subsection (g)--
                    (i) in paragraph (3)(B)--
                            (I) in clause (iii), by striking ``or the 
                        Commission, as appropriate''; and
                            (II) in the last sentence, by striking ``, 
                        in consultation with the Commission,'';
                    (ii) in paragraph (5)(B), by striking ``or the 
                Commission'';
                    (iii) in paragraph (7)--
                            (I) in subparagraph (A), by striking ``or 
                        the Commission'' each place it appears; and
                            (II) in subparagraph (B)--
                                    (aa) in the second and third 
                                sentences, by striking ``or the 
                                Commission'' each place it appears; and
                                    (bb) in the fourth sentence, by 
                                striking ``the President, the 
                                administering authority, or the 
                                Commission'' and inserting ``the 
                                President or the administering 
                                authority'';
                    (iv) in paragraph (8)--
                            (I) in subparagraph (A)(i), by striking ``, 
                        in consultation with the Commission,''; and
                            (II) in subparagraph (B), by striking ``or 
                        the Commission, as appropriate''; and
                    (v) in paragraph (9)--
                            (I) by striking ``and the Commission''; and
                            (II) by striking ``or the Commission, 
                        respectively''.
    (d) Trade Act of 1974.--(1) Section 141(d)(2) of the Trade Act of 
1974 (19 U.S.C. 2171(d)(2)) is amended by striking the last sentence.
    (2) Section 163 of the Trade Act of 1974 (19 U.S.C. 2213) is 
amended by striking subsection (c).
    (3) Section 171 of the Trade Act of 1974 (19 U.S.C. 2231) is hereby 
repealed.
    (4) Section 175 of the Trade Act of 1974 (19 U.S.C. 2232) is 
amended by striking subsection (a)(1).
    (5) Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is 
amended by striking ``, the International Trade Commission,''.
    (6) Section 608 of the Trade Act of 1974 (19 U.S.C. 1484 note) is 
amended by striking subsections (b) through (e).
    (7) The table of contents of the Trade Act of 1974 (19 U.S.C. 2101) 
is amended--
            (A) by striking the items relating to chapter 7 of title I;
            (B) in the item relating to section 202, by striking 
        ``Commission'' and inserting ``Secretary of Commerce'';
            (C) in the item relating to section 224, by striking 
        ``International Trade Commission'' and inserting ``Secretary of 
        Commerce''; and
            (D) in the item relating to section 603, by striking 
        ``International Trade Commission'' and inserting ``Additional 
        functions of the Secretary of Commerce''.
    (e) Trade Agreements Act of 1979.--(1) Title I of the Trade 
Agreements Act of 1979 (19 U.S.C. 1671 note) is hereby repealed.
    (2) The table of contents of the Trade Agreements Act of 1979 (19 
U.S.C. 2501) is amended by striking the items relating to title I.
    (f) Trade Expansion Act of 1962.--(1) Section 242 of the Trade 
Expansion Act of 1962 (19 U.S.C. 1872) is amended--
            (A) in subsection (b)(2), by striking ``United States 
        International Trade Commission'' and inserting ``Secretary of 
        Commerce''; and
            (B) in subsection (c), by striking ``, including the United 
        States International Trade Commission''.
    (2) Sections 351 and 352 of the Trade Expansion Act of 1962 (19 
U.S.C. 1981 and 1982) are hereby repealed.
    (g) Uruguay Round Agreements Act.--Section 2 of the Uruguay Round 
Agreements Act (19 U.S.C. 3501) is amended by striking paragraph (3).
    (h) Education Amendments of 1976.--Section 335(a)(2) of the 
Education Amendments of 1976 (20 U.S.C. 2505(a)(2)) is amended by 
striking ``, the United States International Trade Commission''.
    (i) Title 28, U.S.C.--(1) Section 1446(f) of title 28, United 
States Code, is amended by striking ``International Trade Commission'' 
and inserting ``Secretary of Commerce''.
    (2) Section 2631(f) of title 28, United States Code, is amended by 
striking ``or the International Trade Commission''.
    (3) Section 2639 of title 28, United States Code, is amended by 
striking ``, the administering authority, or the International Trade 
Commission'' and inserting ``or the administering authority''.
    (j) Title 31, U.S.C.--(1) Section 1513 of title 31, United States 
Code, is amended--
            (A) in subsection (a), by striking ``, the United States 
        International Trade Commission''; and
            (B) in subsection (b), by striking ``(except the 
        Commission)''.
    (2) Section 1514 of title 31, United States Code, is amended--
            (A) in subsection (a)--
                    (i) by striking ``, the United States International 
                Trade Commission''; and
                    (ii) by striking ``(except the Commission)''; and
            (B) in subsection (b), by striking ``(except the 
        Commission)''.

SEC. 3502. OTHER REFERENCES.

    After the transfer of functions from the Commission to the 
Secretary of Commerce by reason of the amendments made by chapters 1 
through 3 of subtitle B, and under section 3401, any reference in any 
other Federal law, Executive order, rule, regulation, document, or 
other material to the Commission shall be deemed to be a reference to 
the Department of Commerce.

                       Subtitle D--Effective Date

SEC. 3601. EFFECTIVE DATE.

    This title, and the amendments made by this title, shall take 
effect on the earlier of--
            (1) the date that is 180 days after the date of the 
        enactment of this Act; and
            (2) such date during that 180-day period as the President 
        may direct in an Executive order.

           TITLE IV--WTO DISPUTE SETTLEMENT REVIEW COMMISSION

SEC. 4101. SHORT TITLE.

    This title may be cited as the ``WTO Dispute Settlement Review 
Commission Act''.

SEC. 4102. 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 assurances that United 
        States sovereignty will be protected, 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.
            (4) United States support for the WTO depends upon 
        obtaining mutual trade benefits through the openness of foreign 
        markets and the maintenance of effective United States and WTO 
        remedies against unfair or otherwise harmful trade practices.
            (5) Congress passed the Uruguay Round Agreements Act based 
        upon its understanding that effective trade remedies would not 
        be eroded. These remedies are essential to continue the process 
        of opening foreign markets to imports of goods and services and 
        to prevent harm to American industry and agriculture, 
        particularly through foreign dumping and subsidization.
            (6) The continued support of the Congress for the WTO is 
        dependent upon a WTO dispute settlement system that--
                    (A) operates in a fair and impartial manner;
                    (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 provide for the 
establishment of the WTO Dispute Settlement Review Commission to 
achieve the goals described in subsection (a)(6).

SEC. 4103. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the WTO Dispute Settlement Review Commission (hereafter 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 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 5 years. After the 
        initial 5-year term, 3 members of the Commission shall be 
        appointed for terms of 3 years and the remaining 2 members 
        shall be appointed 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 original 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 meeting.
    (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 number of members may hold hearings.
    (g) Chairman and Vice Chairman.--The Commission shall select a 
Chairman and Vice Chairman from among its members.

SEC. 4104. DUTIES OF THE COMMISSION.

    (a) Review of WTO Dispute Settlement Reports.--
            (1) In general.--The Commission shall review--
                    (A) all reports of dispute settlement panels or the 
                Appellate Body of the World Trade Organization in 
                proceedings initiated by other parties 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 dispute 
                settlement panel or the Appellate Body which is adopted 
                by the Dispute Settlement Body.
            (2) Scope of review.--In the case of any report 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 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 departed from the 
                procedures specified for panels and the Appellate Body 
                in the applicable Uruguay Round Agreement; and
                    (D) the report of the panel or the Appellate Body, 
                as the case may be, deviated from the applicable 
                standard of review, including in antidumping, 
                countervailing duty, and other unfair trade remedy 
                cases, including 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.
            (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.--
            (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 Commission shall make a written determination with respect 
        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. 4105. 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 title.
    (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 publish 
        notice of such advice in the Federal Register, along with 
        notice of an opportunity for interested parties to submit 
        comments to the Commission.
            (2) Submissions and requests for information.--Any 
        interested party may submit comments to the Commission 
        regarding the panel or Appellate Body report. The Commission 
        may also secure directly from any Federal department or agency 
        such information as the Commission considers necessary to carry 
        out the provisions of this title. 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 Representative shall make available to the 
        Commission all submissions and relevant documents relating to 
        the panel or Appellate Body report, including any information 
        contained in such submissions identified by the provider of the 
        information as proprietary information or information treated 
        as confidential by a foreign government.

SEC. 4106. REVIEW OF DISPUTE SETTLEMENT PROCEDURES AND PARTICIPATION IN 
              THE WTO.

    (a) Affirmative Report by Commission.--
            (1) In general.--If a joint resolution described in 
        subsection (b)(1) is enacted into law pursuant to the 
        provisions of subsection (c), the United States Trade 
        Representative shall undertake negotiations to amend or modify 
        the rules and procedures of the Dispute Settlement 
        Understanding to which such joint resolution relates.
            (2) 3 affirmative reports by commission.--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, provided 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 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 authorizes and directs the United States Trade 
        Representative to undertake negotiations to amend or modify the 
        rules and procedures of the Understanding on Rules and 
        Procedures Governing the Settlement of Disputes relating to 
        ____ with respect to the affirmative determination submitted to 
        the Congress by the WTO Dispute Settlement Review Commission on 
        ____'', the first blank space being filled with the specific 
        rules and procedures with respect to which the Trade 
        Representative is to undertake negotiations and the second 
        blank space being filled with the date of the affirmative 
        determination submitted to the Congress by the Commission 
        pursuant to section 4104(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 2 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 States Trade Representative to undertake negotiations to amend 
or modify the rules and procedures of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes relating to ____ with 
respect to the affirmative report submitted to the Congress by the WTO 
Dispute Settlement Review Commission on ____ and if such negotiations 
do not result in a solution that the Trade Representative, by ____, 
certifies to the Congress is satisfactory, 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'', the 
first blank space being filled with the specific rules and procedures 
with respect to which the Trade Representative is to undertake 
negotiations, the second blank space being filled with the date of the 
affirmative determination submitted to the Congress by the Commission 
pursuant to section 4104(b) which has given rise to the joint 
resolution, and the third blank space being filled with the date the 
Congress withdraws its 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 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 
                determination from the Commission described in section 
                4104(b), or
                    (B) in the case of a joint resolution described in 
                subsection (b)(2), the Commission has made 3 
                affirmative determinations described in section 4104(b) 
                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 determination.
            (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 determination described in section 
                4104(b), 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. 4107. 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 Panel Process.--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 
        WTO panel concerned or to the other member countries involved;
            (2) include, where appropriate, such person or its 
        appropriate representative as an advisory member of the 
        delegation in sessions of the dispute settlement panel;
            (3) allow such special delegation member, where such member 
        would bring special knowledge to the proceeding, to appear 
        before the panel, 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.

SEC. 4108. DEFINITIONS.

    For purposes of this title:
            (1) Appellate body.--The term ``Appellate Body'' means the 
        Appellate Body established under Article 17.1 of the Dispute 
        Settlement Understanding.
            (2) Adverse to the united states.--The term ``adverse to 
        the United States'' includes any report which holds any law, 
        regulation, or application thereof by a government agency to be 
        inconsistent with international obligations under a Uruguay 
        Round Agreement (or a nullification or impairment thereof), 
        whether or not there are other elements of the decision which 
        favor arguments made by the United States.
            (3) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (4) Dispute settlement body.--The term ``Dispute Settlement 
        Body'' means the Dispute Settlement Body administering the 
        rules and procedures set forth in the Dispute Settlement 
        Understanding.
            (5) 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.
            (6) Uruguay round agreement.--The term ``Uruguay Round 
        Agreement'' means any of the agreements described in section 
        101(d) of the Uruguay Round Agreements Act.
            (7) World trade organization; wto.--The terms ``World Trade 
        Organization'' and ``WTO'' mean the organization established 
        pursuant to the WTO Agreement.
            (8) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.

SEC. 4109. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal year 2000 and each subsequent 
fiscal year.
                                 <all>