19 U.S.C. § 3534 — Annual report on WTO

Page 871 TITLE 19—CUSTOMS DUTIES § 3534 Trade Representative shall, promptly after the notice of appeal is filed, notify the appropriate congressional committees of— (1) the issues under appeal; and (2) the identity of the persons serving on the Appellate Body who are reviewing the report of the panel. (f) Actions upon circulation of reports Promptly after the circulation of a report of a panel or of the Appellate Body to WTO members in a proceeding described in subsection (d), the Trade Representative shall— (1) notify the appropriate congressional com- mittees of the report; (2) in the case of a report of a panel, consult with the appropriate congressional commit- tees concerning the nature of any appeal that may be taken of the report; and (3) if the report is adverse to the United States, consult with the appropriate congres- sional committees concerning whether to im- plement the report’s recommendation and, if so, the manner of such implementation and the period of time needed for such implemen- tation. (g) Requirements for agency action (1) Changes in agency regulations or practice In any case in which a dispute settlement panel or the Appellate Body finds in its report that a regulation or practice of a department or agency of the United States is inconsistent with any of the Uruguay Round Agreements, that regulation or practice may not be amend- ed, rescinded, or otherwise modified in the im- plementation of such report unless and until— (A) the appropriate congressional commit- tees have been consulted under subsection (f); (B) the Trade Representative has sought advice regarding the modification from rel- evant private sector advisory committees es- tablished under section 2155 of this title; (C) the head of the relevant department or agency has provided an opportunity for pub- lic comment by publishing in the Federal Register the proposed modification and the explanation for the modification; (D) the Trade Representative has sub- mitted to the appropriate congressional committees a report describing the proposed modification, the reasons for the modifica- tion, and a summary of the advice obtained under subparagraph (B) with respect to the modification; (E) the Trade Representative and the head of the relevant department or agency have consulted with the appropriate congres- sional committees on the proposed contents of the final rule or other modification; and (F) the final rule or other modification has been published in the Federal Register. (2) Effective date of modification A final rule or other modification to which paragraph (1) applies may not go into effect before the end of the 60-day period beginning on the date on which consultations under paragraph (1)(E) begin, unless the President determines that an earlier effective date is in the national interest. (3) Vote by congressional committees During the 60-day period described in para- graph (2), the Committee on Ways and Means of the House of Representatives and the Com- mittee on Finance of the Senate may vote to indicate the agreement or disagreement of the committee with the proposed contents of the final rule or other modification. Any such vote shall not be binding on the department or agency which is implementing the rule or other modification. (4) Inapplicability to ITC This subsection does not apply to any regu- lation or practice of the International Trade Commission. (h) Consultations regarding review of WTO rules and procedures Before the review is conducted of the dispute settlement rules and procedures of the WTO that is provided for in the Decision on the Appli- cation of the Understanding on Rules and Proce- dures Governing the Settlement of Disputes, as such decision is set forth in the Ministerial Dec- larations and Decisions adopted on April 15, 1994, together with the Uruguay Round Agreements, the Trade Representative shall consult with the congressional committees regarding the policy of the United States concerning the review. (Pub. L. 103–465, title I, § 123, Dec. 8, 1994, 108 Stat. 4830.) 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. § 3534. Annual report on WTO Not later than March 1 of each year beginning in 1996, the Trade Representative shall submit to the Congress a report describing, for the pre- ceding fiscal year of the WTO— (1) the major activities and work programs of the WTO, including the functions and ac- tivities of the committees established under article IV of the WTO Agreement, and the ex- penditures made by the WTO in connection with those activities and programs; (2) the percentage of budgetary assessments by the WTO that were accounted for by each WTO member country, including the United States; (3) the total number of personnel employed or retained by the Secretariat of the WTO, and the number of professional, administrative, and support staff of the WTO; (4) for each personnel category described in paragraph (3), the number of citizens of each country, and the average salary of the per- sonnel, in that category; (5) each report issued by a panel or the Ap- pellate Body in a dispute settlement pro- ceeding regarding Federal or State law, and any efforts by the Trade Representative to provide for implementation of the rec- ommendations contained in a report that is adverse to the United States; Page 872 TITLE 19—CUSTOMS DUTIES § 3535 (6) each proceeding before a panel or the Ap- pellate Body that was initiated during that fiscal year regarding Federal or State law, the status of the proceeding, and the matter at issue; (7) the status of consultations with any State whose law was the subject of a report adverse to the United States that was issued by a panel or the Appellate Body; and (8) any progress achieved in increasing the transparency of proceedings of the Ministerial Conference and the General Council, and of dispute settlement proceedings conducted pur- suant to the Dispute Settlement Under- standing. (Pub. L. 103–465, title I, § 124, Dec. 8, 1994, 108 Stat. 4832.) 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. § 3535. Review of participation in WTO (a) Report on operation of WTO The first annual report submitted to the Con- gress under section 3534 of this title— (1) after the end of the 5-year period begin- ning 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 there- after, 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. participa- tion 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 sub- section (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), be- ginning on the date on which the Congress receives a report referred to in subsection (a), and (ii) if the President vetoes the joint resolu- tion, each House of Congress votes to over- ride 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 mes- sage 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 trans- mits to the Congress a report described in sub- section (a), and before the end of the 90-day pe- riod 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 de- fined 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 sub- section, 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 sec- tion. (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 de- scribed in section 2194(b) of this title), such committee shall be automatically discharged from further consideration of the joint resolu- tion and it shall be placed on the appropriate calendar. (D) It is not in order for— (i) the Senate to consider any joint resolu- tion unless it has been reported by the Com- mittee on Finance or the committee has been discharged under subparagraph (C); or (ii) the House of Representatives to con- sider 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 Representa- tives 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 an- nounces 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,