Title: 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.
Policy area: Foreign Trade and International Finance

Summary:
This resolution expresses the sense of the House of Representatives that the United States should continue to lead reform efforts and urge member cooperation at the World Trade Organization in order to address barriers to trade, improve living standards across the world, and enhance accountability and dispute settlement mechanisms.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 382 Introduced in House (IH)]

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117th CONGRESS
  1st Session
H. RES. 382

 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

                              May 11, 2021

  Mr. Kind (for himself, Mr. Schweikert, Mr. Beyer, and Mr. Ferguson) 
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 
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 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 United States recognizes the historic nature of Dr. Ngozi Okonjo-
        Iweala's selection as the WTO's new Director-General as being both the 
        first woman and first African to be chosen;
Whereas the WTO recognizes that trade should be conducted with a view to raising 
        standards of living, ensuring full employment and a large and steadily 
        growing volume of real income and effective demand, expanding the 
        production of and trade in goods and services, optimally using the 
        world's resources in accordance with the objective of sustainable 
        development, and seeking to protect and preserve the environment;
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;
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;
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
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the United States should continue to lead reform 
        efforts to ensure that the World Trade Organization (WTO) 
        functions as agreed by the membership and is updated 
        appropriately for the 21st century; and
            (2) the United States should continue to urge other WTO 
        members to work with the United States to achieve needed 
        reforms so that the WTO and its members can address unjustified 
        barriers to trade and promote economic norms that improve the 
        standard of living across the world; and
            (3) the United States Trade Representative should continue 
        to lead and work with other countries to pursue reforms at the 
        WTO that--
                    (A) address concerns with the WTO's Appellate Body;
                    (B) improve the efficiency and transparency of 
                dispute settlement proceedings;
                    (C) remediate the failure to satisfy notification 
                obligations of the various WTO agreements and develop 
                accountability mechanisms to address this issue 
                proactively;
                    (D) discipline the use of special and differential 
                treatment for self-declared developing countries;
                    (E) ensure there are platforms to discuss issues 
                related to labor, the environment, and women's economic 
                empowerment; and
                    (F) create new rules and structures that can serve 
                the United States interests while promoting peace, 
                prosperity, and open markets and societies.
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