§ 2437. Procedure for Congressional approval or disapproval of extension of nondiscriminatory treatment and Presidential reports

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Trade Act of 1974

   Pub. L. 93–618 title IV § 407 · 88 Stat. 1978

   Enacted · 19 U.S.C. § 2437

   Pub. L. 93–618, title IV, § 407, Jan. 3, 1975, 88 Stat. 2063

   Source evidence

   Code source credit
   Pub. L. 93–618, title IV, § 407, Jan. 3, 1975, 88 Stat. 2063

   Enacted provision · exact public law section
   SEC. 407. PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAPPROVAL OF EXTENSION OF NONDISCRIMINATORY TREATMENT AND PRESIDENTIAL REPORTS. (a) Whenever the President issues a proclamation under section 404 extending nondiscriminatory treatment to the products of any foreign country, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the proclamation and the agreement the proclamation proposes to implement, together with his reasons therefor. (b) The President shall transmit to the House of Representatives and the Senate a document containing the initial report submitted by him under section 402(b) or 409(b) with respect to a nonmarket economy country. On or before December 31 of each year, the President shall transmit to the House of Representatives and the Senate, a document containing the report required by section 402(b) or 409(b) as the case may be, to be submitted on or before such December 31. (c) (1) In the case of a document referred to in subsection (a) (other than a document to which paragraph (2) applies), the proclamation set forth therein may become effective and the agreement set forth therein may enter into force and effect only if the House of Representatives and the Senate adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of approval (under the procedures set forth in section 151) Ante, p. 2001. of the extension of nondiscriminatory treatment to the products of the country concerned. (2) In the case of a document referred to in subsection (a) which sets forth an agreement entered into before the date of the enactment of this Act and a proclamation implementing such agreement, such proclamation may become effective and such agreement may enter into force and effect after the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, unless during such 90-day period either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution Ante, p. 2004. of disapproval (under the procedures set forth in section 152) of the extension of nondiscriminatory treatment to the products of the country concerned. (3) In the case of a document referred to in subsection (b) which contains a report submitted by the President under section 402(b) or 409(b) with respect to a nonmarket economy country, if, before the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 152) of the report submitted by the President with respect to such country, then, beginning with the day after the date of the adoption of such resolution of disapproval, (A) nondiscriminatory treatment shall not be in force with respect to the products of such country, and the products of such country shall be dutiable at the rates set forth in 19 USC 1202. rate column numbered 2 of the Tariff Schedules of the United States, (B) such country may not participate in any program of the Government of the United States which extends credit or credit guarantees or investment guarantees, and (C) no commercial agreement may thereafter be concluded with such country under this title.

2. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1214(j)(4) · 102 Stat. 1107

   Substituted · 19 U.S.C. § 2437(c)(3)

   Pub. L. 100–418 substituted “Harmonized Tariff Schedule of the United States” for “Tariff Schedules of the United States”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 100–418 substituted “Harmonized Tariff Schedule of the United States” for “Tariff Schedules of the United States”.

   Enacted provision · exact public law section
   (4) Section 407(c)(3) and section 604 (19 U.S.C. 2437(c)(3) and 2483) are each amended by striking out “Tariff Schedules of the United States” and inserting “Harmonized Tariff Schedule of the United States”

   Effective date note
   Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of this title.

3. 1990

   Customs and Trade Act of 1990

   Pub. L. 101–382 § 132(b)(3)(A) · 104 Stat. 629

   1. Added · 19 U.S.C. § 2437(c)(1)

      Pub. L. 101–382, § 132(b)(3)(A), added par. (1)

   2. Struck · 19 U.S.C. § 2437(c)(1)

      Pub. L. 101–382, § 132(b)(3)(A), struck out former par. (1) which read as follows: “In the case of a document referred to in subsection (a) of this section (other than a document to which paragraph (2) applies), the proclamation set forth therein may become effective and the agreement set forth therein may enter into force and effect only if the House of Representatives and the Senate adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of approval (under the procedures set forth in section 2191 of this title) of the extension of nondiscriminatory treatment to the products of the country concerned.”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 101–382, § 132(b)(3)(A), added par. (1) and struck out former par. (1) which read as follows: “In the case of a document referred to in subsection (a) of this section (other than a document to which paragraph (2) applies), the proclamation set forth therein may become effective and the agreement set forth therein may enter into force and effect only if the House of Representatives and the Senate adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of approval (under the procedures set forth in section 2191 of this title) of the extension of nondiscriminatory treatment to the products of the country concerned.”

   Enacted provision · exact public law section
   (A) by striking out paragraphs (1) and (2) and inserting in lieu thereof the following new paragraph: “(1) In the case of a document referred to in subsection (a), the proclamation set forth in the document may become effective and the agreement set forth in the document may enter into force and effect only if a joint resolution described in section 151(b)(3) that approves of the extension of nondiscriminatory treatment to the products of the country concerned is enacted into law.”, and

4. 1990

   Customs and Trade Act of 1990

   Pub. L. 101–382 title I § 132(b)(3) · 104 Stat. 629

   1. Struck · 19 U.S.C. § 2437(c)(2)

      Pub. L. 101–382 struck out par. (2)

   2. Redesignated · 19 U.S.C. § 2437(c)(2)

      Pub. L. 101–382 redesignated par. (3) as (2)

   3. Substituted · 19 U.S.C. § 2437(c)(2)

      Pub. L. 101–382 substituted “a joint resolution described in section 2192(a)(1)(B) of this title is enacted into law that disapproves” for “either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 2192 of this title)”

   4. Substituted · 19 U.S.C. § 2437(c)(2)

      Pub. L. 101–382 substituted “the end of the 60-day period beginning with the date of the enactment” for “the date of the adoption”

   5. Inserted · 19 U.S.C. § 2437(c)(2)

      Pub. L. 101–382 inserted at end “If the President vetoes the joint resolution, the joint resolution shall be treated as enacted into law before the end of the 90-day period under this paragraph if both Houses of Congress vote to override such veto on or before the later of the last day of such 90-day period or the last day of the 15-day period (excluding any day described in section 2194(b) of this title) beginning on the date the Congress receives the veto message from the President.” Former par. (2) related to effective date of proclamation extending nondiscriminatory treatment to products of a foreign country and of agreement proclamation proposed to implement and related to resolution of disapproval of such extension as to certain countries

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 101–382 struck out par. (2) and redesignated par. (3) as (2), and substituted “a joint resolution described in section 2192(a)(1)(B) of this title is enacted into law that disapproves” for “either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 2192 of this title)” and “the end of the 60-day period beginning with the date of the enactment” for “the date of the adoption” and inserted at end “If the President vetoes the joint resolution, the joint resolution shall be treated as enacted into law before the end of the 90-day period under this paragraph if both Houses of Congress vote to override such veto on or before the later of the last day of such 90-day period or the last day of the 15-day period (excluding any day described in section 2194(b) of this title) beginning on the date the Congress receives the veto message from the President.” Former par. (2) related to effective date of proclamation extending nondiscriminatory treatment to products of a foreign country and of agreement proclamation proposed to implement and related to resolution of disapproval of such extension as to certain countries.

   Enacted provision · exact public law section
   (3) Subsection (c) of section 407 of the Trade Act of 1974 (19 U.S.C. 2437(c)) is amended— (A) by striking out paragraphs (1) and (2) and inserting in lieu thereof the following new paragraph: “(1) In the case of a document referred to in subsection (a), the proclamation set forth in the document may become effective and the agreement set forth in the document may enter into force and effect only if a joint resolution described in section 151(b)(3) that approves of the extension of nondiscriminatory treatment to the products of the country concerned is enacted into law.”, and (B) by redesignating paragraph (3) as paragraph (2).

5. 1990

   Customs and Trade Act of 1990

   Pub. L. 101–382 § 132(b)(3)(B) · 104 Stat. 629

   Redesignated · 19 U.S.C. § 2437(c)(3)

   Pub. L. 101–382, § 132(b)(3)(B), redesignated par. (3) as (2)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 101–382, § 132(b)(3)(B), redesignated par. (3) as (2).

   Enacted provision · exact public law section
   (B) by redesignating paragraph (3) as paragraph (2).

10 of 10 references resolved to an enrolled provision