New ruling quashes Hawley's hope for Senate WTO withdrawal vote
07/01/20 09:20 PM EDT
A push by Sen. Josh Hawley (R-Mo.) for a historic Senate vote on whether the U.S. should withdraw from the World Trade Organization appears to have been scuttled by a new parliamentarian ruling.
The new decision came after leaders of the Senate Finance Committee, which has jurisdiction over trade, shared their analysis of the situation, a committee spokesperson said.
“Americans have been skeptical of the WTO from the start, and the years have proven them right," Hawley said in a statement reacting to the development. "We can and must do better. And it’s past time for Congress to take up and debate this issue. We need a new model that puts American industries and workers first.”
Significance: The parliamentarian's decision, as well as a move last week by the House Rules Committee, means members of Congress are unlikely to vote on any withdrawal resolution this year. The House last voted on the issue in 2005 and the Senate has never voted on the measure.
Both chambers would have to approve the resolution for President Donald Trump to be able to sign it into law. That always was a high hurdle to clear. But blocking a vote means members don't have to take a public position before the November elections.
Background: The 1994 Uruguay Round Agreements Act, which approved U.S. membership in the WTO, is supposed to provide an opportunity for both chambers to vote on withdrawal every five years. But it requires lawmakers to file a resolution early in a 90-day window to guarantee it reaches the floor.
Otherwise, the Senate Finance Committee and the House Ways and Means Committee can kill the resolution by sitting on it for 45 days without taking any action. Those 45 days will expire soon in both chambers, along with the 90-day period.
“Senate Finance could discharge Senator Hawley’s WTO resolution today and give the public a chance to weigh in," said Kelli Ford, a spokesperson for Hawley. But there is no sign that is going to happen.
Previously, the parliamentarian told Hawley's office that he was entitled to a vote, whether the Finance Committee acted or not, because the 90-day period expired when the Senate would be on recess this month.
The parliamentarian then told Hawley's office she had been asked to consider new arguments, although she did not say who made that request. In her revised decision, she ruled that the resolution could only go to the Senate floor for a vote if the Finance Committee voted it out after returning from recess.
A spokesperson for Sen. Chuck Grassley (R-Iowa) confirmed that both the chairman and the panel's ranking member, Sen. Ron Wyden (D-Ore.), shared their analysis of the timetable requirements with the parliamentarian before she issued her new ruling.
What's next: Hawley and the authors of a similar House resolution could still push for votes. But they would have to make that effort without any of the special protections aimed at ensuring members have a chance to vote on withdrawal.