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19 U.S.C. § 3535 — Review of participation in WTO

submitted 32 years ago by Pub. L. 103-465 to r/title-19-CUSTOMS-DUTIES · 803 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires periodic reports about the costs and benefits of United States participation in the WTO. It creates a process for Congress to withdraw its approval of that participation through a joint resolution.

(a) Report on operation of WTO. The first report under section 3534 of this title after the five-year period beginning when the WTO Agreement enters into force for the United States, and the first report after every later five-year period, must analyze the Agreement’s effects on United States interests, the costs and benefits of participation, and the value of continued participation.

(b) Congressional disapproval. (1) Congress’s approval of the WTO Agreement under section 3511(a) of this title ends only if a joint resolution described in subsection (c) becomes law under paragraph (2). (2)(A) The requirements are met if Congress adopts and sends the resolution to the President before the end of the 90-day period, excluding days described in section 2194(b), beginning when Congress receives the subsection (a) report, and, if the President vetoes it, each House votes to override the veto by the later of the last day of that 90-day period or the last day of the 15-day period, excluding days described in section 2194(b), beginning when Congress receives the veto message. (B) The resolution may be introduced any time after the President sends the report to Congress and before that 90-day period ends.

(c) Joint resolutions. (1) “Joint resolution” means only a resolution of both Houses whose matter after the resolving clause says: “That the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of that Act.” This section does not define those quoted terms. (2)(A) Any House member may introduce the resolution in that House. (B) Subject to this subsection, subsections (b), (d), (e), and (f) of section 2192 apply to these resolutions as they apply to resolutions under that section. (C) If the committee receiving the resolution has not reported it by the end of the 45th day after introduction, excluding days described in section 2194(b), it is automatically discharged and the resolution goes to the proper calendar. (D) The Senate may not consider it unless the Finance Committee reported it or was discharged; the House may not consider it unless the Ways and Means Committee reported it or was discharged. (E) A House motion to proceed may be made only on the second legislative day after the member announces the intention to make it. (3) Neither House may consider a resolution, other than one received from the other House, if that House already adopted one under this section.

(d) Rules of House and Senate. Congress enacted this section as an exercise of each House’s rulemaking power, so it is part of each House’s rules and its procedures override inconsistent rules. Each House keeps its constitutional right to change its rules at any time in the same way and to the same extent as any other rule.

the actual law source: uscode.house.gov ↗public domain
(a) Report on operation of WTO

The first annual report submitted to the Congress under section 3534 of this title—

(1)

after the end of the 5-year period beginning on the date on which the WTO Agreement enters into force with respect to the United States, and

(2)

after the end of every 5-year period thereafter,

shall include an analysis of the effects of the WTO Agreement on the interests of the United States, the costs and benefits to the United States of its participation in the WTO, and the value of the continued participation of the United States in the WTO.

(b) Congressional disapproval of U.S. participation in WTO
(1) General rule

The approval of the Congress, provided under section 3511(a) of this title, of the WTO Agreement shall cease to be effective if, and only if, a joint resolution described in subsection (c) is enacted into law pursuant to the provisions of paragraph (2).

(2) Procedural provisions
(A)

The requirements of this paragraph are met if the joint resolution is enacted under subsection (c), and—

(i)

the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 2194(b) of this title), beginning on the date on which the Congress receives a report referred to in subsection (a), and

(ii)

if the President vetoes the joint resolution, each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in clause (i) or the last day of the 15-day period (excluding any day described in section 2194(b) of this title) beginning on the date on which the Congress receives the veto message from the President.

(B)

A joint resolution to which this section applies may be introduced at any time on or after the date on which the President transmits to the Congress a report described in subsection (a), and before the end of the 90-day period referred to in subparagraph (A).

(c) Joint resolutions
(1) Joint resolutions

For purposes of this section, the term “joint resolution” means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of that Act.”

(2) Procedures
(A)

Joint resolutions may be introduced in either House of the Congress by any member of such House.

(B)

Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 2192 of this title apply to joint resolutions to the same extent as such provisions apply to resolutions under such section.

(C)

If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 2194(b) of this title), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar.

(D)

It is not in order for—

(i)

the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (C); or

(ii)

the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (C).

(E)

A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so.

(3) Consideration of second resolution not in order

It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section.

(d) Rules of House of Representatives and Senate

This section is enacted by the Congress—

(1)

as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and

(2)

with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.

Source credit: (Pub. L. 103–465, title I, § 125, Dec. 8, 1994, 108 Stat. 4833.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-465 · 108 Stat. 4833

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-465 on 1994-12-08.

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