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Cogesoa Resarc Seric


May  12, 2025


Congressional Review of U.S. Membership in the WTO


The United States was a key architect of the multilateral
trading system, as a founding member of the General
Agreement  on Tariffs and Trade (GATT) in 1947 and its
successor, the World Trade Organization (WTO) in 1995.
The United States, many European countries, and other
market economies led the Uruguay Round of multilateral
trade negotiations, which resulted in the establishment of
the WTO  and several trade agreements that built on GATT
commitments.  The WTO  currently has 166 members,
including the United States. More than 60% of U.S. goods
and services trade is with countries that do not have a free
trade agreement (FTA) with the United States; this trade
relies solely on the rules and terms of trade set by the WTO.

Many  experts credit the WTO with helping to lower trade
barriers globally, support economic growth, and manage
trade frictions. At the same time, the institution faces
challenges, which have become particularly salient since
2001. Some WTO   members  and experts contend that the
WTO   is losing relevance due to members' inability to reach
consensus and negotiate a new round of major trade
liberalization and rules since 1994. Countries instead have
been resorting to unilateral trade measures that some allege
violate the letter and spirit of WTO rules and have strained
the global trading system. Further, trade frictions have
heightened at a time when the WTO dispute settlement
(DS) process is no longer fully functioning. WTO members
continue to negotiate on key issues and debate reforms in
attempts to improve and safeguard the organization.

Congress has recognized the WTO as the foundation of the
global trading system in statute (P.L. 114-26). Congress
enacted the 1994 Uruguay Round Agreements Act (URAA,
P.L. 103-465) to approve and implement the agreement
establishing the WTO and several trade agreements
covering agricultural trade, services, investment measures,
and intellectual property (IP). The URAA permits periodic
congressional review of U.S. participation in the WTO and
sets procedures for consideration of a privileged joint
resolution to withdraw congressional approval of the WTO
agreements (i.e., a disapproval resolution). If the 119th
Congress chooses to invoke URAA  procedures in 2025,
Members  may  examine the merits and demerits of U.S.
membership  in the WTO. This In Focus provides an
overview of the URAA  legislative procedure, congressional
activity, and WTO debates and issues facing Congress.

Legislative Procedure under URAA §125
Since 1995, Section 125 of the URAA has allowed any
Member  to introduce every five years a privileged joint
resolution proposing to withdraw approval of the WTO
agreements. The House Ways  and Means Committee
explained in H.Rept. 103-826 that §125 was to


    provide an opportunity for Congress to evaluate the
    transition of the GATT to the WTO  and to assess
    periodically whether continued membership in this
    organization is in the best interest of the United States. It
    is the desire of the Committee not to leave this decision
    totally in the hands of the Executive Branch but to be
    active in determining whether the WTO is an effective
    organization....
Ahead  of such joint resolutions, URAA §§124-125 requires
that the U.S. Trade Representative (USTR) submit a report
to Congress analyzing 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.

House and Senate consideration of a disapproval resolution
is governed by expedited parliamentary procedures
contained in §125 of the URAA and §152 of the Trade Act
of 1974. These procedures are designed to ensure that
Congress can choose to pass the joint resolution and present
it to the President before the end of a 90-day period that
began on the day Congress received the USTR report.

Joint resolutions can be submitted in either chamber at any
time during the 90-day period and are referred to the House
Ways  and Means or Senate Finance Committees. A
committee must report the referred measure by the close of
the 45th day after introduction or be automatically
discharged of its further consideration. Resolutions may be
called up on the floor of each chamber by non-debatable
motion (two legislative days' notice required in the House).
A joint resolution is debatable for up to 20 hours and is
unamendable. A motion to recommit is not permitted. In the
case of a presidential veto, an override must occur by the
later of the end of the 90-day period or by the close of a 15-
day period that begins when Congress receives the veto
message. The time periods exclude periods of adjournment
taken by concurrent resolution and weekends when either
chamber is not in session. In the Senate, the non-debatable
motion to take up a resolution, coupled with the limits on
amendment  and debate, mean that a numerical majority in
that chamber could take up and agree to a joint resolution
without a cloture process and its supermajority requirement.

These provisions are considered to be rules of the House
and Senate, respectively, and can be altered or overridden
by a special rule in the House, suspension of the rules, or
unanimous  consent.

Congressional Activity
This year, Congress formally received the URAA-mandated
USTR  report on March 21, 2025. A WTO  disapproval
resolution (H.J.Res 93) was introduced in the House on
April 10. Members last voted on such resolutions in the


igross.gov

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