[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Page S3372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1967. Mr. HAGERTY (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title III of division F, add the following:

     SEC. 6302. PREVENTION OF ABUSE OF FLEXIBILITIES IN RULES AND 
                   NEGOTIATIONS GIVEN BY THE WORLD TRADE 
                   ORGANIZATION TO DEVELOPING COUNTRIES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the World Trade Organization (WTO) was established to 
     catalyze economic growth and raise standards of living by 
     establishing international trade rules based on principles of 
     transparency, openness, and predictability;
       (2) the WTO continues to use a dichotomy between developed 
     and developing countries that has allowed some WTO members to 
     gain unfair advantages in the international trade arena;
       (3) China continues to declare itself a developing country 
     and avail itself of flexibilities under WTO rules;
       (4) China has the second largest gross domestic product in 
     the world;
       (5) China is the largest global exporter of goods and 
     accounts for more than 10 percent of total global exports of 
     goods;
       (6) the outbound and inbound foreign direct investment of 
     China exceeds that of most member countries of the 
     Organization for Economic Cooperation and Development;
       (7) China, however, continues to declare itself a 
     developing country to enjoy the special and differential 
     treatment provisions that come with that status; and
       (8) when the largest economies claim developing country 
     status, they potentially harm not only other developed 
     countries but also developing economies that require special 
     and differential treatment.
       (b) Prevention of Abuse of Flexibilities.--
       (1) In general.--The United States Trade Representative 
     shall use all available means as the Trade Representative 
     considers appropriate to secure changes at the World Trade 
     Organization that would prevent self-declared developing 
     countries from availing themselves of flexibilities in the 
     rules and negotiations at the WTO that are not justified by 
     appropriate economic and other indicators, as determined by 
     the Trade Representative.
       (2) Cooperation.--The Trade Representative shall carry out 
     the requirements under paragraph (1) in cooperation with 
     other like-minded WTO members.
       (3) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Trade Representative shall submit 
     to Congress a report on the progress of the Trade 
     Representative in carrying out paragraph (1).
       (c) Treatment by United States.--Not later than 270 days 
     after the date of the enactment of this Act, if the Trade 
     Representative determines that substantial progress has not 
     been made toward securing the changes described in subsection 
     (b)(1), the Trade Representative shall, as the Trade 
     Representative considers appropriate, no longer treat as a 
     developing country for the purposes of the WTO any WTO member 
     that, in the judgment of the Trade Representative, is 
     improperly declaring itself a developing country and 
     inappropriately seeking the benefit of flexibilities in the 
     rules and negotiations at the WTO.
       (d) Publication.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Trade Representative shall 
     publish on an internet website of the Office of the United 
     States Trade Representative a list of all self-declared 
     developing countries that the Trade Representative determines 
     are inappropriately seeking the benefit of developing-country 
     flexibilities in the rules of and negotiations by the WTO.
       (2) Update.--The Trade Representative shall update the list 
     under paragraph (1) not less frequently than annually.
       (e) Definitions.--In this section, the terms ``World Trade 
     Organization'', ``WTO'', and ``WTO member'' have the meanings 
     given those terms in section 2 of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501).
                                 ______