IV 

House Calendar No. 99 

116TH CONGRESS 

2D SESSION H. RES. 746 

[Report No. 116–614] 

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 

DECEMBER 2, 2020 

Additional sponsors: Mr. REED, Mr. KELLY of Pennsylvania, Mrs. WALORSKI, 

Mr. EVANS, Mr. HILL of Arkansas, Mr. SMITH of Nebraska, Mr. KILDEE, Mr. DOGGETT, Mr. LAHOOD, Mr. FERGUSON, Mr. BROWN of Maryland, Mr. CASE, and Mrs. MILLER


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•HRES 746 RH 

DECEMBER 2, 2020 

Reported with amendments; referred to the House Calendar and ordered to 

be printed 

[Strike out all after the resolving clause and insert the part printed in italic] 

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 

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. 


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•HRES 746 RH 

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; 

Whereas the United States has expressed longstanding concerns 

that the WTO Appellate Body, through its findings and 

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


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•HRES 746 RH 

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

from achieving meaningful outcomes in current and future 

negotiations; 


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•HRES 746 RH 

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 re4 form efforts to ensure that the World Trade Organiza5 tion (WTO) functions as agreed by the membership 

6 and is updated appropriately for the 21st century; 

7 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 and 

12 promote economic norms that improve the standard of 

13 living across the world; and 

14 (3) the United States Trade Representative 

15 should continue to lead and work with other countries 

16 to pursue reforms at the WTO that— 

17 (A) address concerns with the WTO’s Appel18 late Body; 

19 (B) improve the efficiency and transparency 

20 of dispute settlement proceedings; 


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•HRES 746 RH 

1 (C) remediate the failure to satisfy notifica2 tion obligations of the various WTO agreements 

3 and develop accountability mechanisms to ad4 dress this issue proactively; 

5 (D) discipline the use of special and dif6 ferential treatment for self-declared developing 

7 countries; and 

8 (E) create new rules and structures that can 

9 serve the United States interests while promoting 

10 peace, prosperity and open markets and societies. 


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kjohnson on DSK79L0C42PROD with BILLS
House Calendar No. 99 

116TH CONGRESS 

2D SESSION H. RES. 746 

[Report No. 116–614] 

RESOLUTION 

Expressing the sense of the House of Representafree and open economies in the 21st century. dress the needs of the United States and other circumstances, and update the WTO rules to ad- veloping countries only in fair and appropriate special and differential treatment reserved for de- the WTO, ensure that WTO members invoke WTO’s Appellate Body, increase transparency at tlement, address longstanding concerns with the prove the speed and predictability of dispute set- members to achieve reforms at the WTO that im- Organization (WTO) and work with other WTO commitment as a member of the World Trade tives that the United States should reaffirm its 

DECEMBER 2, 2020 

Reported with amendments; referred to the House 

Calendar and ordered to be printed 


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