I 

108TH CONGRESS 

1ST SESSION H. R. 3564

To remove United States fair trade laws from the World Trade Organization 

dispute settlement system process. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2003

Mr. STRICKLAND introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To remove United States fair trade laws from the World 

Trade Organization dispute settlement system process.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Economic Sovereignty 

5 and Job Security Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) United States fair trade laws are modeled 

9 after provisions in the Uruguay Round Agreements 

10 and are consistent with them. 
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1 (2) World Trade Organization (WTO) dispute 

2 settlement bodies have consistently opposed import 

3 relief properly imposed under these United States 

4 trade laws. 

5 (3) WTO dispute settlement bodies have regu6 larly ignored understandings and agreements—such 

7 as those on antidumping, countervailing duty, safe8 guards, and market access—that have been funda9 mental to United States participation in the WTO, 

10 have invented new obligations, have disregarded the 

11 appropriate standard of review, have declined to af12 ford the proper deference to decisions of United 

13 States authorities, and have undermined the purpose 

14 of the WTO dispute settlement agreement. 

15 (4) A 2003 United States General Accounting 

16 Office report demonstrates that trade remedies im17 posed by the United States are two or three times 

18 more likely to be challenged—and found in violation 

19 of WTO rules—than those imposed by other major 

20 trade remedy users. 

21 (5) Enforcement of these very same fair trade 

22 laws are vital to United States industries, workers, 

23 and communities and are essential to maintaining a 

24 domestic manufacturing sector. 
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1 (6) WTO dispute settlement panelists often 

2 have been willing, as evidenced by their decisions, to 

3 act as activists against the fair trade laws. 

4 (7) WTO decisions that undermine the United 

5 States fair trade laws operate as a threat to United 

6 States sovereignty principles. 

7 (8) Abuses of the WTO dispute settlement sys8 tem with respect to fair trade laws call into question 

9 the WTO’s overall credibility and undermine public 

10 support for such international trading systems. 

11 SEC. 3. PROHIBITION ON UNITED STATES CONTRIBUTIONS 

12 TO THE WORLD TRADE ORGANIZATION. 

13 (a) PROHIBITION.—No funds available to the Depart14 ment of State or any other Federal department or agency 

15 may be used to make a United States contribution to the 

16 World Trade Organization (WTO). 

17 (b) EXCEPTION.—The prohibition in subsection (a) 

18 shall not apply if the President determines and certifies 

19 to Congress that the Understanding on Rules and Proce20 dures Governing the Settlement of Disputes (as referred 

21 to in section 101(d)(16) of the Uruguay Round Agree22 ments Act) does not apply with respect to the United 

23 States involving a dispute under the Agreement on Imple24 mentation of Article VI of the General Agreement on Tar25 iffs and Trade 1994 (as referred to in section 101(d)(7) 
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1 of the Uruguay Round Agreements Act), the Agreement 

2 on Subsidies and Countervailing Measures (as referred to 

3 in section 101(d)(12) of the Uruguay Round Agreements 

4 Act), and the Agreement on Safeguards (as referred to 

5 in section 101(d)(13) of the Uruguay Round Agreements 

6 Act).

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