To remove United States fair trade laws from the World Trade Organization dispute settlement system process.

November 20, 2003

Mr. STRICKLAND introduced the following bill; which was referred to the Committee on Ways and Means

To remove United States fair trade laws from the World Trade Organization dispute settlement system process.

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 `Economic Sovereignty and Job Security Act of 2003'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) United States fair trade laws are modeled after provisions in the Uruguay Round Agreements and are consistent with them.

(2) World Trade Organization (WTO) dispute settlement bodies have consistently opposed import relief properly imposed under these United States trade laws.

(3) WTO dispute settlement bodies have regularly ignored understandings and agreements--such as those on antidumping, countervailing duty, safeguards, and market access--that have been fundamental to United States participation in the WTO, have invented new obligations, have disregarded the appropriate standard of review, have declined to afford the proper deference to decisions of United States authorities, and have undermined the purpose of the WTO dispute settlement agreement.

(4) A 2003 United States General Accounting Office report demonstrates that trade remedies imposed by the United States are two or three times more likely to be challenged--and found in violation of WTO rules--than those imposed by other major trade remedy users.

(5) Enforcement of these very same fair trade laws are vital to United States industries, workers, and communities and are essential to maintaining a domestic manufacturing sector.

(6) WTO dispute settlement panelists often have been willing, as evidenced by their decisions, to act as activists against the fair trade laws.

(7) WTO decisions that undermine the United States fair trade laws operate as a threat to United States sovereignty principles.

(8) Abuses of the WTO dispute settlement system with respect to fair trade laws call into question the WTO's overall credibility and undermine public support for such international trading systems.

SEC. 3. PROHIBITION ON UNITED STATES CONTRIBUTIONS TO THE WORLD TRADE ORGANIZATION.

(a) PROHIBITION- No funds available to the Department of State or any other Federal department or agency may be used to make a United States contribution to the World Trade Organization (WTO).

(b) EXCEPTION- The prohibition in subsection (a) shall not apply if the President determines and certifies to Congress that the Understanding on Rules and Procedures Governing the Settlement of Disputes (as referred to in section 101(d)(16) of the Uruguay Round Agreements Act) does not apply with respect to the United States involving a dispute under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (as referred to in section 101(d)(7) of the Uruguay Round Agreements Act), the Agreement on Subsidies and Countervailing Measures (as referred to in section 101(d)(12) of the Uruguay Round Agreements Act), and the Agreement on Safeguards (as referred to in section 101(d)(13) of the Uruguay Round Agreements Act).

END