IV 

116TH CONGRESS 

1ST SESSION H. RES. 746 

Expressing the sense of the House of Representatives that the United States 

should reaffirm its commitment as a member of the World Trade Organization (WTO) and work with other WTO members to achieve reforms 

at the WTO that improve the speed and predictability of dispute settlement, address longstanding concerns with the WTO’s Appellate Body, 

increase transparency at the WTO, ensure that WTO members invoke 

special and differential treatment reserved for developing countries only 

in fair and appropriate circumstances, and update the WTO rules to 

address the needs of the United States and other free and open economies in the 21st century. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2019 

Mr. KIND (for himself, Mr. SCHWEIKERT, Mr. BEYER, Mr. MARCHANT, Ms. 

DELBENE, Mr. SMITH of Missouri, Ms. SEWELL of Alabama, and Mr. 

ESTES) submitted the following resolution; which was referred to the 

Committee on Ways and Means 

RESOLUTION 

Expressing the sense of the House of Representatives that 

the United States should reaffirm its commitment as 

a member of the World Trade Organization (WTO) and 

work with other WTO members to achieve reforms at 

the WTO that improve the speed and predictability of 

dispute settlement, address longstanding concerns with 

the WTO’s Appellate Body, increase transparency at the 

WTO, ensure that WTO members invoke special and 

differential treatment reserved for developing countries 


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•HRES 746 IH 

only in fair and appropriate circumstances, and update 

the WTO rules to address the needs of the United States 

and other free and open economies in the 21st century. 

Whereas the United States is an original member of the 

World Trade Organization (WTO) and a key architect of 

the institution; 

Whereas the WTO is a critical forum for strengthening the 

multilateral rules-based trading system and a bedrock of 

United States trade policy; 

Whereas the United States has provided the leadership and 

political will to advance the goal of the WTO to raise 

standards of living, expand the production of and trade 

in goods and services, create and enforce rules that reduce obstacles to international trade that help ensure a 

level playing field; 

Whereas sustained United States leadership in the WTO provides best paths to achieve necessary WTO reforms, create new trade rules that enhance opportunities for all, 

and address the needs and challenges of the United 

States and all other free and open economies in the 21st 

century; 

Whereas the WTO is the preferred forum in which member 

economies resolve disputes that arise among them; 

Whereas the United States has consistently supported having 

a functional, efficient dispute settlement mechanism at 

the WTO that strictly follows the Dispute Settlement Understanding as agreed by all WTO members and remains 

accountable to WTO members; 

Whereas the United States, for decades, has sought to 

strengthen the WTO dispute settlement system by advocating for necessary, thoughtful, and prudent reforms; 


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•HRES 746 IH 

Whereas the United States has expressed longstanding concerns that WTO Appellate Body, through its findings and 

procedural liberties, is improperly adding to or diminishing the rights or obligations of WTO members; 

Whereas the United States has consistently urged the WTO 

to improve transparency by requiring that all dispute settlement hearings at the WTO be open to the public, and 

all submissions by the parties be publicly available; 

Whereas, while several WTO members have joined the United 

States in agreeing to open hearings to the public and in 

making public submissions, most WTO Members continue 

to insist on closed hearings and confidential submissions; 

Whereas transparent WTO dispute settlement enhances WTO 

members’ understanding of the dispute settlement system, particularly for those who do not participate often 

in the system; 

Whereas open dispute settlement promotes the accountability, 

professionalism, and impartiality of WTO adjudicators, to 

the benefit of the dispute settlement system as a whole; 

Whereas many WTO members have failed to meet basic notification obligations making it difficult and, in some cases, 

impossible to monitor or determine their compliance with 

WTO obligations, including subsidies disciplines; 

Whereas the United States has encouraged, by proposing various incentives and administrative measures, better compliance with notification obligations; 

Whereas the WTO allows members to self-identify as developing countries in order to receive special and differential 

treatment; 

Whereas some self-declared developing countries that are now 

advanced continue to demand the same special and difVerDate Sep 11 2014 22:34 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HR746.IH HR746

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•HRES 746 IH 

ferential treatment intended for much smaller, less developed members, creating asymmetries that hinder the 

WTO from achieving meaningful outcomes in current and 

future negotiations; 

Whereas for over a decade, most WTO members have refused 

to engage in serious efforts to address longstanding 

United States calls for reform of dispute settlement and 

other important aspects of the WTO system; and 

Whereas WTO members are engaged in negotiations to reform the WTO and create new rules, including with respect to fisheries subsidies and e-commerce: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) the United States should continue to lead 

4 reform efforts to ensure that the World Trade Orga5 nization (WTO) functions as agreed by the member6 ship and is updated appropriately for the 21st cen7 tury; and 

8 (2) the United States should continue to urge 

9 other WTO members to work with the United States 

10 to achieve needed reforms so that the WTO and its 

11 members can address unjustified barriers to trade 

12 and promote economic norms that improve the 

13 standard of living across the world; and 

14 (3) the United States Trade Representative 

15 should continue to lead and work with other coun16 tries to pursue reforms at the WTO that— 


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1 (A) address concerns with the WTO’s Ap2 pellate Body; 

3 (B) improve the efficiency and trans4 parency of dispute settlement proceedings; 

5 (C) remediate the failure to satisfy notifi6 cation obligations of the various WTO agree7 ments and develop accountability mechanisms 

8 to address this issue proactively; 

9 (D) discipline the use of special and dif10 ferential treatment for self-declared developing 

11 countries; and 

12 (E) create new rules and structures that 

13 can serve the United States interests while pro14 moting peace, prosperity, and open markets and 

15 societies. 

Æ 


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