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

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, Page 873 TITLE 19—CUSTOMS DUTIES § 3537 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 constitu- tional 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. (Pub. L. 103–465, title I, § 125, Dec. 8, 1994, 108 Stat. 4833.) Editorial Notes REFERENCES IN TEXT Sections 101(a) and 2(9) of the Uruguay Round Agree- ments Act, referred to in subsec. (c)(1), are classified to sections 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 FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed 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. § 3536. Increased transparency The Trade Representative shall seek the adop- tion by the Ministerial Conference and General Council of procedures that will ensure broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions, through the observance of open and equitable procedures in trade matters by the Ministerial Conference and the General Council, and by the dispute settlement panels and the Appellate Body under the Dispute Set- tlement Understanding. (Pub. L. 103–465, title I, § 126, Dec. 8, 1994, 108 Stat. 4834.) 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. § 3537. Access to WTO dispute settlement process (a) In general Whenever the United States is a party before a dispute settlement panel established pursuant to Article 6 of the Dispute Settlement Under- standing, the Trade Representative shall, at each stage of the proceeding before the panel or the Appellate Body, consult with the appro- priate congressional committees, the petitioner (if any) under section 2412(a) of this title with respect to the matter that is the subject of the proceeding, and relevant private sector advisory committees established under section 2155 of this title, and shall consider the views of rep- resentatives of appropriate interested private sector and nongovernmental organizations con- cerning the matter. (b) Notice and public comment In any proceeding described in subsection (a), the Trade Representative shall— (1) promptly after requesting the establish- ment of a panel, or receiving a request from another WTO member country for the estab- lishment of a panel, publish a notice in the Federal Register— (A) identifying the initial parties to the dispute, (B) setting forth the major issues raised by the country requesting the establishment of a panel and the legal basis of the complaint, (C) identifying the specific measures, in- cluding any State or Federal law cited in the request for establishment of the panel, and (D) seeking written comments from the public concerning the issues raised in the dispute; and (2) take into account any advice received from appropriate congressional committees and relevant private sector advisory commit- tees referred to in subsection (a), and written comments received pursuant to paragraph (1)(D), in preparing United States submissions to the panel or the Appellate Body. (c) Access to documents In each proceeding described in subsection (a), the Trade Representative shall— (1) make written submissions by the United States referred to in subsection (b) available to the public promptly after they are sub- mitted to the panel or Appellate Body, except that the Trade Representative is authorized to withhold from disclosure any information con- tained in such submissions identified by the provider of the information as proprietary in- formation or information treated as confiden- tial by a foreign government; (2) request each other party to the dispute to permit the Trade Representative to make that party’s written submissions to the panel or the Appellate Body available to the public; and (3) make each report of the panel or the Ap- pellate Body available to the public promptly after it is circulated to WTO members, and in- form the public of such availability. (d) Requests for nonconfidential summaries In any dispute settlement proceeding con- ducted pursuant to the Dispute Settlement Un- derstanding, the Trade Representative shall re- quest each party to the dispute to provide non- confidential summaries of its written submis- sions, if that party has not made its written sub- missions public, and shall make those sum- maries available to the public promptly after re- ceiving them. (e) Public file The Trade Representative shall maintain a file accessible to the public on each dispute settle-