§3535 — Title 19 Customs Duties | U.S. Code

Summary

Requires Congress to review U.S. approval of the World Trade Organization (WTO) Agreement five years after the Agreement starts for the United States, and again every five years after that. If Congress wants to cancel its earlier approval, it can only do so by passing a very specific joint resolution that says Congress withdraws its approval of the WTO Agreement as defined in the Uruguay Round Agreements Act. That joint resolution can be introduced by any member after the required report is sent and must be passed and sent to the President within 90 days (not counting certain excluded days). If the President vetoes it, both Houses must vote to override the veto by the later of the end of that 90-day period or within 15 days after the veto message (again excluding certain days). Committees have 45 days to act or they are automatically discharged. The Senate needs a report from the Finance Committee (or a discharge) and the House needs a report from Ways and Means (or a discharge). Only one such joint resolution may be acted on by a House. These rules are part of each House’s own procedures and can be changed by that House.

Title 19, §3535

Customs Duties — Source: USLM XML via OLRC

(a)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,

(b)(1)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)(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)(1)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)(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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 101(a) and 2(9) of the Uruguay Round Agreements Act, referred to in subsec. (c)(1), are classified to section 3511(a) and 3501(9), respectively, of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as a note under section 3531 of this title.

Executive Documents

Uruguay Round Agreements: Entry Into ForceThe Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title.

§3535 Review of Participation in Wto