I

104TH CONGRESS

2D SESSION H. R. 4065

To require prior congressional approval before the President supports the

admission of the People’s Republic of China into the World Trade Organization, and to provide for the withdrawal of the United States from

the World Trade Organization if China is accepted into the WTO without

the support of the United States.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 12, 1996

Mr. GEPHARDT (for himself, Ms. PELOSI, Mr. BONIOR, Mr. BROWN of Ohio,

Mr. PALLONE, Mr. LIPINSKI, Mr. STARK, Mr. MILLER of California, Mr.

DEFAZIO, Ms. KAPTUR, Mr. LANTOS, Mr. SPRATT, Mr. PAYNE of New

Jersey, Mr. MARKEY, and Mr. LEWIS of Georgia) introduced the following bill; which was referred to the Committee on Ways and Means, and

in addition to the Committee on Rules, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To require prior congressional approval before the President

supports the admission of the People’s Republic of China

into the World Trade Organization, and to provide for

the withdrawal of the United States from the World

Trade Organization if China is accepted into the WTO

without the support of the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PRIOR CONGRESSIONAL APPROVAL FOR SUP2 PORTING ADMISSION OF CHINA INTO THE

3 WTO.

4 (a) IN GENERAL.—The President may not support

5 the admission of the People’s Republic of China as a mem6 ber of the World Trade Organization unless a provision

7 of law is passed by both Houses of Congress and enacted

8 into law after the enactment of this Act that specifically

9 allows the President to support such admission.

10 (b) PROCEDURES FOR CONGRESSIONAL APPROVAL

11 OF UNITED STATES SUPPORT FOR ADMISSION OF CHINA

12 INTO THE WTO.—

13 (1) NOTIFICATION OF CONGRESS.—The Presi14 dent shall notify the Congress in writing if he deter15 mines that the United States should support the ad16 mission of the People’s Republic of China into the

17 World Trade Organization.

18 (2) SUPPORT OF CHINA’S ADMISSION INTO THE

19 WTO.—The United States may support the admis20 sion of the People’s Republic of China into the

21 World Trade Organization if a joint resolution is en22 acted into law under subsection (c) and the Congress

23 adopts and transmits the joint resolution to the

24 President before the end of the 90-day period (ex25 cluding any day described in section 154(b) of the

26 Trade Act of 1974), beginning on the date on which
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1 the Congress receives the notification referred to in

2 paragraph (1).

3 (c) JOINT RESOLUTIONS.—

4 (1) JOINT RESOLUTIONS.—For purposes of this

5 section, the term ‘‘joint resolution’’ means only a

6 joint resolution of the 2 Houses of Congress, the

7 matter after the resolving clause of which is as fol8 lows: ‘‘That the Congress approves the support of

9 the United States for the admission of the People’s

10 Republic of China into the World Trade Organiza11 tion.’’.

12 (2) PROCEDURES.—(A) A joint resolution may

13 be introduced at any time on or after the date on

14 which the Congress receives the notification referred

15 to in paragraph (1), and before the end of the 90-

16 day period referred to in subparagraph (A). A joint

17 resolution may be introduced in either House of the

18 Congress by any member of such House.

19 (B) Subject to the provisions of this subsection,

20 the provisions of subsections (b), (d), (e), and (f) of

21 section 152 of the Trade Act of 1974 (19 U.S.C.

22 2192(b), (d), (e), and (f)) apply to joint resolutions

23 to the same extent as such provisions apply to reso24 lutions under such section.
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1 (C) If the committee of either House to which

2 a joint resolution has been referred has not reported

3 it by the close of the 45th day after its introduction

4 (excluding any day described in section 154(b) of the

5 Trade Act of 1974), such committee shall be auto6 matically discharged from further consideration of

7 the joint resolution and it shall be placed on the ap8 propriate calendar.

9 (D) It is not in order for—

10 (i) the Senate to consider any joint resolu11 tion unless it has been reported by the Commit12 tee on Finance or the committee has been dis13 charged under subparagraph (C); or

14 (ii) the House of Representatives to con15 sider any joint resolution unless it has been re16 ported by the Committee on Ways and Means

17 or the committee has been discharged under

18 subparagraph (C).

19 (E) A motion in the House of Representatives

20 to proceed to the consideration of a joint resolution

21 may only be made on the second legislative day after

22 the calendar day on which the Member making the

23 motion announces to the House his or her intention

24 to do so.
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1 (3) CONSIDERATION OF SECOND RESOLUTION

2 NOT IN ORDER.—It shall not be in order in either

3 the House of Representatives or the Senate to con4 sider a joint resolution (other than a joint resolution

5 received from the other House), if that House has

6 previously adopted a joint resolution under this sec7 tion.

8 SEC. 3. WITHDRAWAL OF UNITED STATES FROM THE WTO.

9 (a) NOTIFICATION TO CONGRESS OF ADMISSION OF

10 PRC TO THE WTO.—If the People’s Republic of China

11 becomes a member of the World Trade Organization with12 out the support of the United States, the President shall

13 immediately so notify the Congress and shall, by no later

14 than the date on which the membership of the People’s

15 Republic of China in the World Trade Organization be16 comes effective, submit written notice of the withdrawal

17 of the United States from the WTO Agreement pursuant

18 to Article XV of the WTO Agreement.

19 (b) WITHDRAWAL OF UNITED STATES APPROVAL OF

20 THE WTO AGREEMENT.—The approval of the Congress,

21 provided under section 101(a) of the Uruguay Round

22 Agreements Act, of the WTO Agreement shall cease to

23 be effective on the date that is 6 months after the date

24 on which the President submits written notice of the with-
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1 drawal of the United States from the WTO Agreement

2 under subsection (a).

3 (c) DEFINITION.—As used in this section, the term

4 ‘‘WTO Agreement’’ means the Agreement Establishing the

5 World Trade Organization, entered into on April 15,

6 1994.

7 SEC. 3. CONFORMING AMENDMENT.

8 Section 125(b)(1) of the Uruguay Round Agreements

9 Act (19 U.S.C. 3535(b)(1)) is amended by striking ‘‘, and

10 only if,’’.

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