[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Legislate Procedures Enacted in Law]
[Pages 1154-1193]
[From the U.S. Government Printing Office, www.gpo.gov]
11. Trade Provisions
a. import relief, Sec. 203 of the trade act of 1974
[19 U.S.C. 2253]
Sec. 203. action by president after determination of import injury.--
* * *
(b) reports to congress.--(1) On the day the President takes action
under subsection (a)(1), the President shall transmit to Congress a
document describing the action and the reasons for taking the action. If
the action taken by the President differs from the action required to be
recommended by the Commission under section 202(e)(1), the President
shall state in detail the reasons for the difference.
(2) On the day on which the President decides that there is no
appropriate and feasible action to take under subsection (a)(1) with
respect to a domestic industry, the President shall transmit to Congress
a document that sets forth in detail the reasons for the decision.
(3) On the day on which the President takes any action under
subsection (a)(1) that is not reported under paragraph (1), the
President shall transmit to Congress a document setting forth the action
being taken and the reasons therefor.
(c) implementation of action recommended by commission.--If the
President reports under subsection (b)(1) or (2) that--
(1) the action taken under subsection (a)(1) differs from the
action recommended by the Commission under section 202(e)(1);
[[Page 1155]]
or
(2) no action will be taken under subsection (a)(1) with
respect to the domestic industry;
the action recommended by the Commission shall take effect (as provided
in subsection (d)(2)) upon the enactment of a joint resolution described
in section 152(a)(1)(A) within the 90-day period beginning on the date
on which the document referred to in subsection (b)(1) or (2) is
transmitted to the Congress.
The House adopted a special order ``hereby'' laying on the table a
joint resolution disapproving a steel-tariff action taken by the
President privileged under this section (the joint resolution was
reported adversely by the Committee on Ways and Means) (H. Res. 414, May
8, 2002, p. 7136).
Sec. 1130(11B)
b. freedom of emigration, Sec. 402 of the trade act of 1974
[19 U.S.C. 2432]
Sec. 402. freedom of emigration in east-west trade.-- * * *
(c)(1) During the 18-month period beginning on the date of the
enactment of this Act, the President is authorized to waive by Executive
order the application of subsections (a) and (b) with respect to any
country, if he reports to the Congress that--
(A) he has determined that such waiver will substantially
promote the objectives of this section; and
(B) he has received assurances that the emigration practices
of that country will henceforth lead substantially to the
achievement of the objectives of this section.
(2) During any period subsequent to the 18-month period referred to in
paragraph (1), the President is authorized to waive by Executive order
the application of subsections (a) and (b) with respect to any country,
if the waiver authority granted by this subsection continues to apply to
such country pursuant to subsection (d), and if he reports to the
Congress that--
(A) he has determined that such waiver will substantially
promote the objectives of this section; and
(B) he has received assurances that the emigration practices
of that country will henceforth lead substantially to the
achievement of the objectives of this section.
[[Page 1156]]
section ceases to be
effective with respect to such country pursuant to subsection (d). The
President may, at any time, terminate by Executive order any waiver
granted under this subsection.
(3) A waiver with respect to any country shall terminate on the day
after the waiver authority granted by this sub
(d)(1) If the President determines that the further extension of the
waiver authority granted under subsection (c) will substantially promote
the objectives of this section, he may recommend further extensions of
such authority for successive 12-month periods. Any such recommendations
shall--
(A) be made not later than 30 days before the expiration of
such authority;
(B) be made in a document transmitted to the House of
Representatives and the Senate setting forth his reasons for
recommending the extension of such authority; and
(C) include, for each country with respect to which a waiver
granted under subsection (c) is in effect, a determination that
continuation of the waiver applicable to that country will
substantially promote the objectives of this section, and a
statement setting forth his reasons for such determination.
If the President recommends the further extension of such authority,
such authority shall continue in effect until the end of the 12-month
period following the end of the previous 12-month extension with respect
to any country (except for any country with respect to which such
authority has not been extended under this subsection), unless a joint
resolution described in section 153(a) is enacted into law pursuant to
the provisions of paragraph (2).
(2)(A) The requirements of this paragraph are met if the joint
resolution is enacted under the procedures set forth in section 153,
and--
(i) the Congress adopts and transmits the joint resolution to
the President before the end of the 60-day period beginning on
the date the waiver authority would expire but for an extension
under paragraph (1), and
(ii) if the President vetoes the joint resolution, each House
of Congress votes to override such veto on or before the later
of the last day of the 60-day period referred to in clause (i)
or the last day of the 15-day period (excluding any day
described in section 154(b)) beginning on the date the Congress
[[Page 1157]]
receives the veto message from the President.
(B) If a joint resolution is enacted into law under the provisions of
this paragraph, the waiver authority applicable to any country with
respect to which the joint resolution disapproves of the extension of
such authority shall cease to be effective as of the day after the 60-
day period beginning on the date of the enactment of the joint
resolution.
(C) A joint resolution to which this subsection and section 153 apply
may be introduced at any time on or after the date the President
transmits to the Congress the document described in paragraph (1)(B).
(e) This section shall not apply to any country the products of which
are eligible for the rates set forth in rate column numbered 1 of the
Tariff Schedules of the United States on the date of the enactment of
this Act.
Sec. 1130(11C)
c. nondiscriminatory treatment, Sec. 407 of the trade act of 1974
[19 U.S.C. 2437]
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.
[[Page 1158]]
(c)(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.
(2) 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, a joint
resolution described in section 152(a)(i)(B) is enacted into law that
disapproves of the report submitted by the President with respect to
such country, then, beginning with the day after the end of the 60-day
period beginning with the date of the enactment 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 rate column numbered
2 of the Harmonized Tariff Schedule 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. 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 154(b)) beginning on the date
the Congress receives the veto message from the President.
d. ``fast-track'' procedures, Sec. Sec. 151-154 of the trade act of 1974
Sec. 1130(11D)
[19 U.S.C. 2191-94]
implementing bills, Sec. 151
[19 U.S.C. 2191]
Sec. 151. bills implementing trade agreements on nontariff barriers
and resolutions approving commercial agreements with communist
countries.--(a) rules of house of representatives and senate.--This
section and sections 152 and 153 are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
[[Page 1159]]
rules of each House,
are deemed a part of the
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of implementing bills
described in subsection (b)(1), implementing revenues bills
described in subsection (b)(2), approval resolutions described
in subsection (b)(3), and resolutions described in subsections
152(a) and 153(a); and they supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
(b) definitions.--For purposes of this section--
(1) The term ``implementing bill'' means only a bill of either
House of Congress which is introduced as provided in subsection
(c) with respect to one or more trade agreements, or with
respect to an extension described in section 282(c)(3) of the
Uruguay Round Agreements Act, submitted to the House of
Representatives and the Senate under section 102 of this Act,
section 282 of the Uruguay Round Agreements Act, or section
2105(a)(1) of the Bipartisan Trade Promotion Authority Act of
2002, and which contains--
(A) a provision approving such trade agreement or
agreements or such extension,
(B) a provision approving the statement of
administrative action (if any) proposed to implement
such trade agreement or agreements, and
(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
or appropriate to implement such trade agreement or
agreements, either repealing or amending existing laws
or providing new statutory authority.
(2) The term ``implementing revenue bill'' or resolution means
an implementing bill or approval resolution which contains one
or more revenue measures by reason of which it must originate in
the House of Representatives.
(3) The term ``approval resolution'' means only a joint
resolution of the two Houses of the Congress, the matter after
the resolving clause of which is as follows: ``That the Congress
[[Page 1160]]
nondiscriminatory treatment with
approves the extension of
respect to the products of ___ transmitted by the President to
the Congress on ___.'', the first blank space being filled with
the name of the country involved and the second blank space
being filled with the appropriate date.
(c) introduction and referral.--(1) On the day on which a trade
agreement or extension is submitted to the House of Representatives and
the Senate under section 102, section 282 of the Uruguay Round
Agreements Act, or section 2105(a)(1) of the Bipartisan Trade Promotion
Authority Act of 2002, the implementing bill submitted by the President
with respect to such trade agreement or extension shall be introduced
(by request) in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members of the House
designated by the majority leader and minority leader of the House; and
shall be introduced (by request) in the Senate by the majority leader of
the Senate, for himself the minority leader of the Senate, or by Members
of the Senate designated by the majority leader and minority leader of
the Senate. If either House is not in session on the day on which such a
trade agreement is submitted, the implementing bill shall be introduced
in that House as provided in the preceding sentence, on the first day
thereafter on which the House is in session. Such bills shall be
referred by the Presiding Officers of the respective Houses to the
appropriate committee, or, in the case of a bill containing provisions
within the jurisdiction of two or more committees, jointly to such
committees for consideration of those provisions within their respective
jurisdictions.
[[Page 1161]]
vided in the preceding sentence, on the first day thereafter on
which that House is in session. The approval resolution introduced in
the House shall be referred to the Committee on Ways and Means and the
approval resolution introduced in the Senate shall be referred to the
Committee on Finance.
(2) On the day on which a bilateral commercial agreement, entered into
under title IV of this Act after the date of the enactment of this Act,
is transmitted to the House of Representatives and the Senate, an
approval resolution with respect to such agreement shall be introduced
(by request) in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members of the House
designated by the majority leader and minority leader of the House; and
shall be introduced (by request) in the Senate by the majority leader of
the Senate, for himself and the minority leader of the Senate, or by
Members of the Senate designated by the majority leader and minority
leader of the Senate. If either House is not in session on the day on
which such an agreement is transmitted, the approval resolution with
respect to such agreement shall be introduced in that House, as
pro
(d) amendments prohibited.--No amendment to an implementing bill or
approval resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the application
of this subsection shall be in order in either House, nor shall it be in
order in either House for the Presiding Officer to entertain a request
to suspend the application of this subsection by unanimous consent.
(e) period for committee and floor consideration.--(1) Except as
provided in paragraph (2), if the committee or committees of either
House to which an implementing bill or approval resolution has been
referred have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be automatically
discharged from further consideration of the bill or resolution and it
shall be placed on the appropriate calendar. A vote on final passage of
the bill or resolution shall be taken in each House on or before the
close of the 15th day after the bill or resolution is reported by the
committee or committees of that House to which it was referred, or after
such committee or committees have been discharged from further
consideration of the bill or resolution. If prior to the passage by one
House of an implementing bill or approval resolution of that House, that
House receives the same implementing bill or approval resolution from
the other House, then--
(A) the procedure in that House shall be the same as if no
implementing bill or approval resolution had been received from
the other House; but
(B) the vote on final passage shall be on the implementing
bill or approval resolution of the other House.
[[Page 1162]]
Senate), such committee or committees shall
be automatically discharged from further consideration of such bill or
resolution and it shall be placed on the calendar. A vote on final
passage of such bill or resolution shall be taken in the Senate on or
before the close of the 15th day after such bill or resolution is
reported by the committee or committees of the Senate to which it was
referred, or after such committee or committees have been discharged
from further consideration of such bill or resolution.
(2) The provisions of paragraph (1) shall not apply in the Senate to
an implementing revenue bill or resolution. An implementing revenue bill
or resolution received from the House shall be referred to the
appropriate committee or committees of the Senate. If such committee or
committees have not reported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, before the close of the
45th day after the corresponding implementing revenue bill or resolution
was introduced in the
(3) For purposes of paragraphs (1) and (2), in computing a number of
days in either House, there shall be excluded any day on which that
House was not in session.
(f) floor consideration in the house.--(1) A motion in the House of
Representatives to proceed to the consideration of an implementing bill
or approval resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on an implementing bill or
approval resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those opposing the
bill or resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an implementing
bill or approval resolution or to move to reconsider the vote by which
an implementing bill or approval resolution is agreed to or disagreed
to.
(3) Motions to postpone, made in the House of Representatives with
respect to the consideration of an implementing bill or approval
resolution, and motions to proceed to the consideration of other
business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to an implementing bill or approval resolution shall
be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of an implementing bill or
approval resolution shall be governed by the Rules of the House of
Representatives applicable to other bills and resolutions in similar
circumstances.
[[Page 1163]]
in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or disagreed to.
(g) floor consideration in the senate.--(1) A motion in the Senate to
proceed to the consideration of an implementing bill or approval
resolution shall be privileged and not debatable. An amendment to the
motion shall not be
(2) Debate in the Senate on an implementing, and all debatable motions
and appeals in connection therewith, shall be limited to not more than
20 hours. The time shall be equally divided between, and controlled by,
the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with an implementing bill or approval resolution shall be
limited to not more than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the bill or resolution,
except that in the event the manager of the bill or resolution is in
favor of any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control on the
passage of an implementing bill or approval resolution, allot additional
time to any Senator during the consideration of any debatable motion or
appeal.
(4) A motion in the Senate to further limit debate is not debatable. A
motion to recommit an implementing bill or approval resolution is not in
order.
[[Page 1164]]
Pursuant to section 151(f)(2) of this Act debate on an implementing
revenue bill must be equally divided and controlled among those favoring
and opposing the bill (absent unanimous-consent agreement for some other
distribution of the time); a motion to limit debate on such legislation
must be made in the House, and not in the Committee of the Whole, and
may be made either pending the motion to resolve into Committee of the
Whole or at a later time, after the Committee has risen without
completing action on the bill (July 10, 1979, pp. 17812, 17813). An
implementing bill reported from committee has been considered as
privileged under the Act (Nov. 14, 1980, p. 29617). The House has
adopted a special order recommended by the Committee on Rules providing
for consideration of both a resolution to deny the extension of ``fast-
track'' procedures requested by the President under section 1103(b) of
the Omnibus Trade and Competitiveness Act of 1988 and a resolution to
express the sense of the House concerning U.S. negotiating objectives
after such an extension (May 23, 1991, p. 12137). For other special
orders altering procedures under the Trade Act of 1974, see, e.g., July
27, 2005, p. 17978; Apr. 10, 2008, p. _. The Senate has affirmed its
constitutional authority to enact a statutory rule (as in subsection (d)
of section 151) prohibiting amendments to specified revenue bills in
derogation of its constitutional authority to propose amendments to
House revenue bills (presiding officer sustained on appeal) (Nov. 19,
1993, p. 30641).
resolutions of disapproval, Sec. 152
[19 U.S.C. 2192]
Sec. 152. resolutions disapproving certain actions.--(a) contents of
resolution.--(1) For purposes of this section, the term ``resolution''
means only--
(A) a joint resolution of the two Houses of the Congress, the
matter after the resolving clause of which is as follows: ``That
the Congress does not approve the action taken by, or the
determination of the President under section 203 of the Trade
Act of 1974 transmitted to the Congress on ___.'', the blank
space being filled with the appropriate date; and
(B) a joint resolution of the two Houses of Congress, the
matter after the resolving clause of which is as follows: ``That
the Congress does not approve ___ transmitted to the Congress on
___.'', with the first blank space being filled in accordance
with paragraph (2), and the second blank space being filled with
the appropriate date.
(2) The first blank space referred to in paragraph (1)(B) shall be
filled as follows: in the case of a resolution referred to in section
407(c)(2), with the phrase ``the report of the President submitted under
section __ of the Trade Act of 1974 with respect to ___'' (with the
first blank space being filled with ``402(b)'' or ``409(b)'', as
appropriate, and the second blank space being filled with the name of
the country involved).
(b) reference to committees.--All resolutions introduced in the House
of Representatives shall be referred to the Committee on Ways and Means
and all resolutions introduced in the Senate shall be referred to the
Committee on Finance.
(c) discharge of committees.--(1) If the committee of either House to
which a resolution has been referred has not reported it at the end of
30 days after its introduction, not counting any day which is excluded
under section 154(b), it is in order to move either to discharge the
committee from further consideration of the resolution or to discharge
the committee from further consideration of any other resolution
introduced with respect to the same matter, except that a motion to
discharge--
(A) may only be made on the second legislative day after the
calendar day on which the Member making the motion announces to
[[Page 1165]]
the House his intention to do so; and
(B) is not in order after the Committee has reported a
resolution with respect to the same matter.
(2) A motion to discharge under paragraph (1) may be made only by an
individual favoring the resolution, and is highly privileged in the
House and privileged in the Senate; and debate thereon shall be limited
to not more than 1 hour, the time to be divided in the House equally
between those favoring and those opposing the resolution, and to be
divided in the Senate equally between, and controlled by, the majority
leader and the minority leader or their designees. An amendment to the
motion is not in order, and it is not in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(d) floor consideration in the house.--(1) A motion in the House of
Representatives to proceed to the consideration of a resolution shall be
highly privileged and not debatable. An amendment to the motion shall
not be in order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on a resolution shall be
limited to not more than 20 hours, which shall be divided equally
between those favoring and those opposing the resolution. A motion
further to limit debate shall not be debatable. No amendment to, or
motion to recommit, the resolution shall be in order. It shall not be in
order to move to reconsider the vote by which a resolution is agreed to
or disagreed to.
(3) Motions to postpone, made in the House of Representatives with
respect to the consideration of a resolution, and motions to proceed to
the consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a resolution shall be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a resolution in the
House of Representatives shall be governed by the Rules of the House of
Representatives applicable to other resolutions in similar
circumstances.
[[Page 1166]]
(e) floor consideration in the senate.--(1) A motion in the Senate to
proceed to the consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the Senate on a resolution, and all debatable motions
and appeals in connection therewith, shall be limited to not more than
20 hours, to be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with a resolution shall be limited to not more than 1 hour,
to be equally divided between, and controlled by, the mover and the
manager of the resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under their
control on the passage of a resolution, allot additional time to any
Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a resolution,
debatable motion, or appeal is not debatable. No amendment to, or motion
to recommit, a resolution is in order in the Senate.
(f) procedures in the senate.--(1) Except as otherwise provided in
this section, the following procedures shall apply in the Senate to a
resolution to which this section applies:
(A)(i) Except as provided in clause (ii), a resolution that
has passed the House of Representatives shall, when received in
the Senate, be referred to the Committee on Finance for
consideration in accordance with this section.
(ii) If a resolution to which this section applies was
introduced in the Senate before receipt of a resolution that has
passed the House of Representatives, the resolution from the
House of Representatives shall, when received in the Senate, be
placed on the calendar. If this clause applies, the procedures
in the Senate with respect to a resolution introduced in the
Senate that contains the identical matter as the resolution that
passed the House of Representatives shall be the same as if no
resolution had been received from the House of Representatives,
except that the vote on passage in the Senate shall be on the
resolution that passed the House of Representatives.
(B) If the Senate passes a resolution before receiving from
the House of Representatives a joint resolution that contains
the identical matter, the joint resolution shall be held at the
[[Page 1167]]
joint resolution from the
desk pending receipt of the
House of Representatives. Upon receipt of the joint resolution
from the House of Representatives, such joint resolution shall
be deemed to be read twice, considered, read the third time, and
passed.
(2) If the texts of joint resolutions described in section 152 or
153(a), whichever is applicable concerning any matter are not
identical--
(A) the Senate shall vote passage on the resolution introduced
in the Senate, and
(B) the text of the joint resolution passed by the Senate
shall, immediately upon its passage (or, if later, upon receipt
of the joint resolution passed by the House), be substituted for
the text of the joint resolution passed by the House of
Representatives, and such resolution, as amended, shall be
returned with a request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with respect to a
joint resolution described in subsection (a)(2)(B) or section 153(a),
including consideration of all debatable motions and appeals in
connection therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and the minority
leader or their designees.
Although a motion that the House resolve itself into the Committee of
the Whole is not ordinarily subject to the motion to postpone
indefinitely (VI, 726), the motion to postpone indefinitely may be
offered pursuant to the provisions of this statute, is nondebatable, and
represents final adverse disposition of the disapproval resolution (Mar.
10, 1977, p. 7021).
resolutions to extend section 402 waivers, Sec. 153
[19 U.S.C. 2193]
[[Page 1168]]
authority is not approved, and with the clause beginning with
``with-respect-to'' being omitted if the extension of the authority is
not approved with respect to any country.
Sec. 153. resolutions relating to extension of waiver authority under
section 402.--(a) contents of resolutions.--For purposes of this
section, the term ``resolution'' means only a joint resolution of the
two Houses of Congress, the matter after the resolving clause of which
is as follows: ``That the Congress does not approve the extension of the
authority contained in section 402(c) of the Trade Act of 1974
recommended by the President to the Congress on ___ with respect to
___.'', with the first blank space being filled with the appropriate
date, and the second blank space being filled with the names of those
countries, if any, with respect to which such extension of
(b) application of rules of section 152; exceptions.--(1) Except as
provided in this section, the provisions of section 152 shall apply to
resolutions described in subsection (a).
(2) In applying section 152(c)(1), all calendar days shall be counted.
(3) That part of section 152(d)(2) which provides that no amendment is
in order shall not apply to any amendment to a resolution which is
limited to striking out or inserting the names of one or more countries
or to striking out or inserting a with-respect-to clause. Debate in the
House of Representatives on any amendment to a resolution shall be
limited to not more than 1 hour which shall be equally divided between
those favoring and those opposing the amendment. A motion in the House
to further limit debate on an amendment to a resolution is not
debatable.
(4) That part of section 152(e)(4) which provides that no amendment is
in order shall not apply to any amendment to a resolution which is
limited to striking out or inserting the names of one or more countries
or to striking out or inserting a with-respect-to clause. The time limit
on a debate on a resolution in the Senate under section 152(e)(2) shall
include all amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than 1 hour, to
be equally divided between, and controlled by, the mover and the manager
of the resolution, except that in the event the manager of the
resolution is in favor of any such amendment, the time in opposition
thereto shall be controlled by the minority leader or his designee. The
majority leader and minority leader may, from time under the control on
the passage of a resolution, allot additional time to any Senator during
the consideration of any amendment. A motion in the Senate to further
limit debate on an amendment to a resolution is not debatable.
[[Page 1169]]
(c) 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 resolution with respect to a recommendation of the President
under section 402(d) (other than a resolution described in subsection
(a) received from the other House), if that House has adopted a
resolution with respect to the same recommendation.
(d) procedures relating to conference reports in the senate.--(1)
Consideration in the Senate of the conference report on any joint
resolution described in subsection (a), including consideration of all
amendments in disagreement (and all amendments thereto), and
consideration of all debatable motions and appeals in connection
therewith, shall be limited to 10 hours, to be equally divided between,
and controlled by, the majority leader and the minority leader or their
designees. Debate on any debatable motion or appeal related to the
conference report shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the conference
report.
(2) In any case in which there are amendments in disagreement, time on
each amendment shall be limited to 30 minutes, to be equally divided
between, and controlled by, the manager of the conference report and the
minority leader or his designee. No amendment to any amendment in
disagreement shall be received unless it is a germane amendment.
special rules for congressional procedure, Sec. 154
[19 U.S.C. 2194]
Sec. 154. special rules relating to congressional procedures.--(a)
Whenever, pursuant to section 102(e), 203(b), 402(d), or 407 (a) or (b),
a document is required to be transmitted to the Congress, copies of such
document shall be delivered to both Houses of Congress on the same day
and shall be delivered to the Clerk of the House of Representatives if
the House is not in session and to the Secretary of the Senate if the
Senate is not in session.
(b) For purposes of sections 203(c), and 407(c)(2), the 90-day period
referred to in such sections shall be computed by excluding--
(1) the days on which either House is not in session because
of an adjournment of more than 3 days to a day certain or an
adjournment of the Congress sine die, and
(2) any Saturday and Sunday, not excluded under paragraph (1),
[[Page 1170]]
when either House is not in session.
Sec. 1130(11E)
e. narcotics control provisions--trade act of 1974, Sec. Sec. 801-05
tariff treatment of products of uncooperative major drug producing or
[19 U.S.C. 2491-95]
drug-transit countries, Sec. 856
[19 U.S.C. 2492]
Sec. 802. Tariff treatment of products of uncooperative major drug
producing or drug-transit countries.
(a) required action by president.--Subject to subsection (b), for
every major drug producing country and every major drug-transit country,
the President shall, on or after March 1, 1987, and March 1 of each
succeeding year, to the extent considered necessary by the President to
achieve the purposes of this title--
(1) deny to any or all of the products of that country tariff
treatment under the Generalized System of Preferences, the
Caribbean Basin Economic Recovery Act, or any other law
providing preferential tariff treatment;
(2) apply to any or all of the dutiable products of that
country an additional duty at a rate not to exceed 50 percent ad
valorem or the specific rate equivalent;
(3) apply to one or more duty-free products of that country a
duty at a rate not to exceed 50 percent ad valorem;
(4) take the steps described in subsection (d)(1) or (d)(2),
or both, to curtail air transportation between the United States
and that country;
(5) withdraw the personnel and resources of the United States
from participation in any arrangement with that country for the
pre-clearance of customs by visitors between the United States
and that country; or
(6) take any combination of the actions described in
paragraphs (1) through (5).
[[Page 1171]]
(b)(1)(A) Subject to paragraph (3), subsection (a) shall not apply
with respect to a country if the President determines and certifies to
the Congress, at the time of the submission of the report required by
section 481(e) of the Foreign Assistance Act of 1961, that-- * * *
* * *
(3) Subsection (a) shall apply to a country without regard to
paragraph (1) of this subsection if the Congress enacts, with 45 days of
continuous session after receipt of a certification under paragraph (1),
a joint resolution disapproving the determination of the President
contained in that certification.
(4) If the President takes action under subsection (a), that action
shall remain in effect until--
(A) the President makes the certification under paragraph (a),
a period of 45 days of continuous session of Congress elapses,
and during that period the Congress does not enact a joint
resolution of disapproval; or
(B) the President submits at any other time a certification of
the matters described in paragraph (1) with respect to that
country, a period of 45 days of continuous session of Congress
elapses, and during that period the Congress does not enact a
joint resolution of disapproving determination contained in that
certification.
(5) For the purpose of expediting the consideration and enactment of
joint resolutions under paragraphs (3) and (4)--
(A) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on Ways
and Means shall be treated as highly privileged in the House of
Representatives; and
(B) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on
Finance shall be treated as privileged in the Senate.
* * *
definitions, Sec. 805
[19 U.S.C. 2495]
Sec. 805. For purposes of this title--
(1) continuity of a session of Congress is broken only by an
adjournment of the Congress sine die, and the days on which
either House is not in session because of an adjournment of more
than three days to a day certain are excluded in the computation
[[Page 1172]]
of the period indicated; * * *
* * *
Sec. 1130(11F)
f. omnibus trade and competitiveness act of 1988, Sec. 1103
sec. 1103. implementation of trade agreements
[19 U.S.C. 2903]
(a) In general--
(1) Any agreement entered into under section 1102(b) or (c)
shall enter into force with respect to the United States if (and
only if)--
(A) the President, at least 90 calendar days before
the day on which he enters into the trade agreement,
notifies the House of Representatives and the Senate of
his intention to enter into the agreement, and promptly
thereafter publishes notice of such intention in the
Federal Register;
(B) after entering into the agreement, the President
submits a document to the House of Representatives and
to the Senate containing a copy of the final legal text
of the agreement, together with--
(i) a draft of an implementing bill,
(ii) a statement of any administrative action
proposed to implement the trade agreement, and
(iii) the supporting information described in
paragraph (2); and
(C) the implementing bill is enacted into law.
* * *
(b) Application of Congressional ``fast track'' procedures to
implementing bills--
(1) Except as provided in subsection (c) of this section--
(A) the provisions of section 151 of the Trade Act of
1974 (hereinafter in this section referred to as ``fast
track procedures'') apply to implementing bills
submitted with respect to trade agreements entered into
under section 1102(b) or (c) of this title before June
1, 1991; and
(B) such fast track procedures shall be extended to
implementing bills submitted with respect to trade
[[Page 1173]]
2902(b) or
agreements entered into under section
(c) of this title after May 31, 1991, and before June 1,
1993, if (and only if)--
(i) the President requests such extension under
paragraph (2); and
(ii) neither House of the Congress adopts an
extension disapproval resolution under paragraph (5)
before June 1, 1991.
(2) If the President is of the opinion that the fast track
procedures should be extended to implementing bills described in
paragraph (1)(B), the President must submit to the Congress, no
later than March 1, 1991, a written report that contains a
request for such extension, together with--
(A) a description of all trade agreements that have
been negotiated under section 1102(b) or (c) of this
title and the anticipated schedule for submitting such
agreements to the Congress for approval;
(B) a description of the progress that has been made
in multilateral and bilateral negotiations to achieve
the purposes, policies, and objectives of this title,
and a statement that such progress justifies the
continuation of negotiations; and
(C) a statement of the reasons why the extension is
needed to complete the negotiations.
(3) The President shall promptly inform the Advisory Committee
for Trade Policy and Negotiations established under section 135
of the Trade Act of 1974 of his decision to submit a report to
Congress under paragraph (2). The Advisory Committee shall
submit to the Congress as soon as practicable, but no later than
March 1, 1991, a written report that contains--
(A) its views regarding the progress that has been
made in multilateral and bilateral negotiations to
achieve the purposes, policies, and objectives of this
title; and
(B) a statement of its views, and the reasons
therefor, regarding whether the extension requested
under paragraph (2) should be approved or disapproved.
(4) The reports submitted to the Congress under paragraphs (2)
and (3), or any portion of the reports, may be classified to the
extent the President determines appropriate.
(5)(A) For purposes of this subsection, the term ``extension
[[Page 1174]]
either
disapproval resolution'' means a resolution of
House of the Congress, the sole matter after the resolving
clause of which is as follows: ``That the ___ disapproves the
request of the President for the extension, under section
1103(b)(1)(B)(i) of the Omnibus Trade and Competitiveness Act of
1988, of the provisions of section 151 of the Trade Act of 1974
to any implementing bill submitted with respect to any trade
agreement entered into under section 1102(b) or (c) of such Act
after May 31, 1991, because sufficient tangible progress has not
been made in trade negotiations.'', with the blank space being
filled with the name of the resolving House of the Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of the Congress
by any member of such House; and
(ii) shall be jointly referred, in the House of
Representatives, to the Committee on Ways and Means and
the Committee on Rules.
(C) The provisions of section 152(d) and (e) of the Trade Act
of 1974 (relating to the floor consideration of certain
resolutions in the House and Senate) apply to extension
disapproval resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension disapproval
resolution not reported by the Committee on Finance;
(ii) the House of Representatives to consider any
extension disapproval resolution not reported by the
Committee on Ways and Means and the Committee on Rules;
or
(iii) either House of the Congress to consider an
extension disapproval resolution that is reported to
such House after May 15, 1991.
(c) Limitations on use of ``fast track'' procedures--
(1)(A) The fast track procedures shall not apply to any
implementing bill submitted with respect to a trade agreement
entered into under section 1102(b) or (c) if both Houses of the
Congress separately agree to procedural disapproval resolutions
within any 60-day period.
(B) Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) shall be introduced by the chairman or
ranking minority member of the Committee on Ways and
Means or the chairman or ranking minority member of
[[Page 1175]]
the Committee on Rules,
(II) shall be jointly referred to the Committee
on Ways and Means and the Committee on Rules, and
(III) may not be amended by either Committee;
and
(ii) in the Senate shall be original resolutions of
the Committee on Finance.
(C) The provisions of section 152(d) and (e) of the Trade Act
of 1974 (relating to the floor consideration of certain
resolutions in the House and Senate) apply to procedural
disapproval resolutions.
(D) It is not in order for the House of Representatives to
consider any procedural disapproval resolution not reported by
the Committee on Ways and Means and the Committee on Rules.
(E) For purposes of this subsection, the term ``procedural
disapproval resolution'' means a resolution of either House of
the Congress, the sole matter after the resolving clause of
which is as follows: ``That the President has failed or refused
to consult with Congress on trade negotiations and trade
agreements in accordance with the provisions of the Omnibus
Trade and Competitiveness Act of 1988, and, therefore, the
provisions of section 151 of the Trade Act of 1974 shall not
apply to any implementing bill submitted with respect to any
trade agreement entered into under section 1102(b) or (c) of
such Act of 1988, if, during the 60-day period beginning on the
date on which this resolution is agreed to by the ___, the ___
agrees to a procedural disapproval resolution (within the
meaning of section 1103(c)(1)(E) of such Act of 1988).'', with
the first blank space being filled with the name of the
resolving House of the Congress and the second blank space being
filled with the name of the other House of the Congress.
(2) The fast track procedures shall not apply to any
implementing bill that contains a provision approving of any
trade agreement which is entered into under section 1102(c) with
any foreign country if either--
(A) the requirements of section 1102(c)(3) are not met
with respect to the negotiation of such agreement; or
(B) the Committee on Finance of the Senate or the
Committee on Ways and Means of the House of
Representatives disapproves of the negotiation of such
[[Page 1176]]
period
agreement before the close of the 60-day
which begins on the date notice is provided under
section 1102(c)(3)(C)(i) with respect to the negotiation
of such agreement.
(d) Rules of House of Representatives and Senate subsections (b) and
(c) of this section are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, 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 constitutional 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.
(e) Computation of certain periods of time--Each period of time
described in subsection (c)(1)(A) and (E) and (2) of this section shall
be computed without regard to--
(1) the days on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day
certain or an adjournment of the Congress sine die; and
(2) any Saturday and Sunday, not excluded under paragraph (1),
when either House of the Congress is not in session.
Sec. 1130(11G)
g. trade promotion authority under the bipartisan trade promotion
authority act of 2002, Sec. Sec. 2101-13
[19 U.S.C. 3801-13]
trade agreements authority
sec. 2103. trade agreements authority.
(a) Agreements Regarding Tariff Barriers.--
[19 U.S.C. 3803]
(1) In general.--Whenever the President determines that one or
more existing duties or other import restrictions of any foreign
country or the United States are unduly burdening and
restricting the foreign trade of the United States and that the
purposes, policies, priorities, and objectives of this title
[[Page 1177]]
will be promoted thereby, the President--
(A) may enter into trade agreements with foreign
countries before--
(i) July 1, 2005; or
(ii) July 1, 2007, if trade authorities
procedures are extended under subsection (c); and
(B) may, subject to paragraphs (2) and (3), proclaim--
(i) such modification or continuance of any
existing duty,
(ii) such continuance of existing duty-free or
excise treatment, or
(iii) such additional duties,
as the President determines to be required or
appropriate to carry out any such trade agreement.
The President shall notify the Congress of the President's
intention to enter into an agreement under this subsection.
* * *
(b) Agreements Regarding Tariff and Nontariff Barriers.--
(1) In general.--(A) Whenever the President determines that--
(i) one or more existing duties or any other import
restriction of any foreign country or the United States
or any other barrier to, or other distortion of,
international trade unduly burdens or restricts the
foreign trade of the United States or adversely affects
the United States economy, or
(ii) the imposition of any such barrier or distortion
is likely to result in such a burden, restriction, or
effect,
and that the purposes, policies, priorities, and objectives of
this title will be promoted thereby, the President may enter
into a trade agreement described in subparagraph (B) during the
period described in subparagraph (C).
(B) The President may enter into a trade agreement under
subparagraph (A) with foreign countries providing for--
(i) the reduction or elimination of a duty,
restriction, barrier, or other distortion described in
subparagraph (A); or
(ii) the prohibition of, or limitation on the
[[Page 1178]]
imposition of, such barrier or other distortion.
(C) The President may enter into a trade agreement under this
paragraph before--
(i) July 1, 2005; or
(ii) July 1, 2007, if trade authorities procedures are
extended under subsection (c).
(2) Conditions.--A trade agreement may be entered into under
this subsection only if such agreement makes progress in meeting
the applicable objectives described in section 2102(a) and (b)
and the President satisfies the conditions set forth in section
2104.
(3) Bills qualifying for trade authorities procedures.--(A)
The provisions of section 151 of the Trade Act of 1974 (in this
title referred to as ``trade authorities procedures'') apply to
a bill of either House of Congress which contains provisions
described in subparagraph (B) to the same extent as such section
151 applies to implementing bills under that section. A bill to
which this paragraph applies shall hereafter in this title be
referred to as an ``implementing bill''.
(B) The provisions referred to in subparagraph (A) are--
(i) a provision approving a trade agreement entered
into under this subsection and approving the statement
of administrative action, if any, proposed to implement
such trade agreement; and
(ii) if changes in existing laws or new statutory
authority are required to implement such trade agreement
or agreements, provisions, necessary or appropriate to
implement such trade agreement or agreements, either
repealing or amending existing laws or providing new
statutory authority.
(c) Extension Disapproval Process for Congressional Trade Authorities
Procedures.--
(1) In general.--Except as provided in section 2105(b)--
(A) the trade authorities procedures apply to
implementing bills submitted with respect to trade
agreements entered into under subsection (b) before July
1, 2005; and
(B) the trade authorities procedures shall be extended
to implementing bills submitted with respect to trade
agreements entered into under subsection (b) after June
30, 2005, and before July 1, 2007, if (and only if)--
[[Page 1179]]
(i) the President requests such extension under
paragraph (2); and
(ii) neither House of the Congress adopts an
extension disapproval resolution under paragraph (5)
before July 1, 2005.
(2) Report to congress by the president.--If the President is
of the opinion that the trade authorities procedures should be
extended to implementing bills described in paragraph (1)(B),
the President shall submit to the Congress, not later than April
1, 2005, a written report that contains a request for such
extension, together with--
(A) a description of all trade agreements that have
been negotiated under subsection (b) and the anticipated
schedule for submitting such agreements to the Congress
for approval;
(B) a description of the progress that has been made
in negotiations to achieve the purposes, policies,
priorities, and objectives of this title, and a
statement that such progress justifies the continuation
of negotiations; and
(C) a statement of the reasons why the extension is
needed to complete the negotiations.
(3) Other reports to congress.--
(A) Report by the advisory committee.--The President
shall promptly inform the Advisory Committee for Trade
Policy and Negotiations established under section 135 of
the Trade Act of 1974 (19 U.S.C. 2155) of the
President's decision to submit a report to the Congress
under paragraph (2). The Advisory Committee shall submit
to the Congress as soon as practicable, but not later
than May 1, 2005, a written report that contains--
(i) its views regarding the progress that has
been made in negotiations to achieve the purposes,
policies, priorities, and objectives of this title;
and
(ii) a statement of its views, and the reasons
therefor, regarding whether the extension requested
under paragraph (2) should be approved or
disapproved.
(B) Report by itc.--The President shall promptly
inform the International Trade Commission of the
President's decision to submit a report to the Congress
[[Page 1180]]
national Trade
under paragraph (2). The Inter
Commission shall submit to the Congress as soon as
practicable, but not later than June 1, 2005, a written
report that contains a review and analysis of the
economic impact on the United States of all trade
agreements implemented between the date of enactment of
this Act and the date on which the President decides to
seek an extension requested under paragraph (2).
(4) Status of reports.--The reports submitted to the Congress
under paragraphs (2) and (3), or any portion of such reports,
may be classified to the extent the President determines
appropriate.
(5) Extension disapproval resolutions.--(A) For purposes of
paragraph (1), the term ``extension disapproval resolution''
means a resolution of either House of the Congress, the sole
matter after the resolving clause of which is as follows: ``That
the ___ disapproves the request of the President for the
extension, under section 2103(c)(1)(B)(i) of the Bipartisan
Trade Promotion Authority Act of 2002, of the trade authorities
procedures under that Act to any implementing bill submitted
with respect to any trade agreement entered into under section
2103(b) of that Act after June 30, 2005.'', with the blank space
being filled with the name of the resolving House of the
Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of the Congress
by any member of such House; and
(ii) shall be referred, in the House of
Representatives, to the Committee on Ways and Means and,
in addition, to the Committee on Rules.
(C) The provisions of section 152(d) and (e) of the Trade Act
of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor
consideration of certain resolutions in the House and Senate)
apply to extension disapproval resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension disapproval
resolution not reported by the Committee on Finance;
(ii) the House of Representatives to consider any
extension disapproval resolution not reported by the
Committee on Ways and Means and, in addition, by the
[[Page 1181]]
Committee on Rules; or
(iii) either House of the Congress to consider an
extension disapproval resolution after June 30, 2005. *
sec. 2104. consultations and assessment.
* *
(a) Notice and Consultation Before Negotiation.--The President, with
respect to any agreement that is subject to the provisions of section
2103(b), shall--
(1) provide, at least 90 calendar days before initiating
negotiations, written notice to the Congress of the President's
intention to enter into the negotiations and set forth therein
the date the President intends to initiate such negotiations,
the specific United States objectives for the negotiations, and
whether the President intends to seek an agreement, or changes
to an existing agreement;
(2) before and after submission of the notice, consult
regarding the negotiations with the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, such other committees of the House and Senate
as the President deems appropriate, and the Congressional
Oversight group convened under section 2107; and
(3) upon the request of a majority of the members of the
Congressional Oversight Group under section 2107(c), meet with
the Congressional Oversight Group before initiating the
negotiations or at any other time concerning the negotiations. *
* *
(d) Consultation With Congress Before Agreements Entered Into.--
(1) Consultation.--Before entering into any trade agreement
under section 2103(b), the President shall consult with--
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate;
(B) each other committee of the House and the Senate,
and each joint committee of the Congress, which has
jurisdiction over legislation involving subject matters
which would be affected by the trade agreement; and
(C) the Congressional Oversight Group convened under
section 2107.
(2) Scope.--The consultation described in paragraph (1) shall
include consultation with respect to--
[[Page 1182]]
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve
the applicable purposes, policies, priorities, and
objectives of this title; and
(C) the implementation of the agreement under section
2105, including the general effect of the agreement on
existing laws.
(3) Report regarding united states trade remedy laws.--
(A) Changes in certain trade laws.--The President, at
least 180 calendar days before the day on which the
President enters into a trade agreement under section
2103(b), shall report to the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate--
(i) the range of proposals advanced in the
negotiations with respect to that agreement, that
may be in the final agreement, and that could
require amendments to title VII of the Tariff Act of
1930 or to chapter 1 of title II of the Trade Act of
1974; and
(ii) how these proposals relate to the
objectives described in section 2102(b)(14).
(B) Certain agreements.--With respect to a trade
agreement entered into with Chile or Singapore, the
report referred to in subparagraph (A) shall be
submitted by the President at least 90 calendar days
before the day on which the President enters into that
agreement.
(C) Resolutions.--(i) At any time after the
transmission of the report under subparagraph (A), if a
resolution is introduced with respect to that report in
either House of Congress, the procedures set forth in
clauses (iii) through (vi) shall apply to that
resolution if--
(I) no other resolution with respect to that
report has previously been reported in that House of
Congress by the Committee on Ways and Means or the
Committee on Finance, as the case may be, pursuant
to those procedures; and
(II) no procedural disapproval resolution under
section 2105(b) introduced with respect to a trade
agreement entered into pursuant to the negotiations
to which the report under subparagraph (A) relates
has previously been reported in that House of
[[Page 1183]]
mittee on Ways and Means or
Congress by the Com
the Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term
``resolution'' means only a resolution of either House
of Congress, the matter after the resolving clause of
which is as follows: ``That the ___ finds that the
proposed changes to United States trade remedy laws
contained in the report of the President transmitted to
the Congress on ___ under section 2104(d)(3) of the
Bipartisan Trade Promotion Authority Act of 2002 with
respect to ___, are inconsistent with the negotiating
objectives described in section 2102(b)(14) of that
Act.'', with the first blank space being filled with the
name of the resolving House of Congress, the second
blank space being filled with the appropriate date of
the report, and the third blank space being filled with
the name of the country or countries involved.
(iii) Resolutions in the House of Representatives--
(I) may be introduced by any Member of the
House;
(II) shall be referred to the Committee on Ways
and Means and, in addition, to the Committee on
Rules; and
(III) may not be amended by either Committee.
(iv)\1\ Resolutions in the Senate--
---------------------------------------------------------------------------
\1\ So in original; two clauses (iv) have been enacted.
---------------------------------------------------------------------------
(I) may introduced by any Member of the Senate;
(II) shall be referred to the Committee on
Finance; and
(III) may not be amended.
(iv)\2\ It is not in order for the House of
Representatives to consider any resolution that is not
reported by the Committee on Ways and Means and, in
addition, by the Committee on Rules.
---------------------------------------------------------------------------
\2\ So in original; two clauses (iv) have been enacted.
---------------------------------------------------------------------------
(v) It is not in order for the Senate to consider any
resolution that is not reported by the Committee on
Finance.
(vi) The provisions of section 152(d) and (e) of the
Trade Act of 1974 (19 U.S.C. 2192(d) and (e))
[[Page 1184]]
(relating to floor consideration of certain
resolutions in the House and Senate) shall apply to
resolutions.
sec. 2105. implementation of trade agreements. [19 U.S.C. 3805]
(e) Advisory Committee Reports.--The report required under section
135(e)(1) of the Trade Act of 1974 regarding any trade agreement entered
into under section 2103(a) or (b) of this Act shall be provided to the
President, the Congress, and the United States Trade Representative not
later than 30 days after the date on which the President notifies the
Congress under section 2103(a)(1) or 2105(a)(1)(A) of the President's
intention to enter into the agreement. * * *
(a) In General.--
(1) Notification and submission.--Any agreement entered into
under section 2103(b) shall enter into force with respect to the
United States if (and only if)--
(A) the President, at least 90 calendar days before
the day on which the President enters into the trade
agreement, notifies the House of Representatives and the
Senate of the President's intention to enter into the
agreement, and promptly thereafter publishes notice of
such intention in the Federal Register;
(B) within 60 days after entering into the agreement,
the President submits to the Congress a description of
those changes to existing laws that the President
considers would be required in order to bring the United
States into compliance with the agreement;
(C) after entering into the agreement, the President
submits to the Congress, on a day on which both Houses
of Congress are in session, a copy of the final legal
text of the agreement, together with--
(i) a draft of an implementing bill described in
section 2103(b)(3);
(ii) a statement of any administrative action
proposed to implement the trade agreement; and
(iii) the supporting information described in
paragraph (2); and
[[Page 1185]]
(D) the implementing bill is enacted into law.
(2) Supporting information.--The supporting information
required under paragraph (1)(C)(iii) consists of--
(A) an explanation as to how the implementing bill and
proposed administrative action will change or affect
existing law; and
(B) a statement--
(i) asserting that the agreement makes progress
in achieving the applicable purposes, policies,
priorities, and objectives of this title; and
(ii) setting forth the reasons of the President
regarding--
(I) how and to what extent the agreement makes progress in achieving
the applicable purposes, policies, and objectives referred to in clause
(i);
(II) whether and how the agreement changes provisions of an agreement
previously negotiated;
(III) how the agreement serves the interests of United States commerce;
(IV) how the implementing bill meets the standards set forth in section
2103(b)(3); and
(V) how and to what extent the agreement makes progress in achieving
the applicable purposes, policies, and objectives referred to in section
2102(c) regarding the promotion of certain priorities.
(3) Reciprocal benefits.--In order to ensure that a foreign
country that is not a party to a trade agreement entered into
under section 2103(b) does not receive benefits under the
agreement unless the country is also subject to the obligations
under the agreement, the implementing bill submitted with
respect to the agreement shall provide that the benefits and
obligations under the agreement apply only to the parties to the
agreement, if such application is consistent with the terms of
the agreement. The implementing bill may also provide that the
benefits and obligations under the agreement do not apply
uniformly to all parties to the agreement, if such application
is consistent with the terms of the agreement.
(4) Disclosure of commitments.--Any agreement or other
understanding with a foreign government or governments (whether
[[Page 1186]]
oral or in writing) that--
(A) relates to a trade agreement with respect to which
the Congress enacts an implementing bill under trade
authorities procedures, and
(B) is not disclosed to the Congress before an
implementing bill with respect to that agreement is
introduced in either House of Congress, shall not be
considered to be part of the agreement approved by the
Congress and shall have no force and effect under United
States law or in any dispute settlement body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities procedures
shall not apply to any implementing bill submitted with
respect to a trade agreement or trade agreements entered
into under section 2103(b) if during the 60-day period
beginning on the date that one House of Congress agrees
to a procedural disapproval resolution for lack of
notice or consultations with respect to such trade
agreement or agreements, the other House separately
agrees to a procedural disapproval resolution with
respect to such trade agreement or agreements.
(B) Procedural disapproval resolution.--(i) For
purposes of this paragraph, the term ``procedural
disapproval resolution'' means a resolution of either
House of Congress, the sole matter after the resolving
clause of which is as follows: ``That the President has
failed or refused to notify or consult in accordance
with the Bipartisan Trade Promotion Authority Act of
2002 on negotiations with respect to ___ and, therefore,
the trade authorities procedures under that Act shall
not apply to any implementing bill submitted with
respect to such trade agreement or agreements.'', with
the blank space being filled with a description of the
trade agreement or agreements with respect to which the
President is considered to have failed or refused to
notify or consult.
(ii) For purposes of clause (i), the President
has ``failed or refused to notify or consult in
accordance with the Bipartisan Trade Promotion
Authority Act of 2002'' on negotiations with respect
[[Page 1187]]
to a trade agreement or trade agreements if--
(I) the President has failed or refused to consult (as the case may be)
in accordance with section 2104 or 2105 with respect to the negotiations,
agreement, or agreements;
(II) guidelines under section 2107(b) have not been developed or met
with respect to the negotiations, agreement, or agreements;
(III) the President has not met with the Congressional Oversight Group
pursuant to a request made under section 2107(c) with respect to the
negotiations, agreement, or agreements; or
(IV) the agreement or agreements fail to make progress in achieving the
purposes, policies, priorities, and objectives of this title.
(2) Procedures for considering resolutions.--(A) Procedural
disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means and, in
addition, to the Committee on Rules; and
(III) may not be amended by either Committee; and
(ii) in the Senate--
(I) may be introduced by any Member of the Senate
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(B) The provisions of section 152(d) and (e) of the
Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
to the floor consideration of certain resolutions in the
House and Senate) apply to a procedural disapproval
resolution introduced with respect to a trade agreement
if no other procedural disapproval resolution with
respect to that trade agreement has previously been
reported in that House of Congress by the Committee on
Ways and Means or the Committee on Finance, as the case
may be, and if no resolution described in section
2104(d)(3)(C)(ii) with respect to that trade agreement
has been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance,
[[Page 1188]]
pursuant to the procedures set
as the case may be,
forth in clauses (iii) through (vi) of such section
2104(d)(3)(C).
(C) It is not in order for the House of
Representatives to consider any procedural disapproval
resolution not reported by the Committee on Ways and
Means and, in addition, by the Committee on Rules.
(D) It is not in order for the Senate to consider any
procedural disapproval resolution not reported by the
Committee on Finance.
(3) For failure to meet other requirements.--Not later than
December 31, 2002, the Secretary of Commerce, in consultation
with the Secretary of State, the Secretary of the Treasury, the
Attorney General, and the United States Trade Representative,
shall transmit to the Congress a report setting forth the
strategy of the executive branch to address concerns of the
Congress regarding whether dispute settlement panels and the
Appellate Body of the WTO have added to obligations, or
diminished rights, of the United States, as described in section
2101(b)(3). Trade authorities procedures shall not apply to any
implementing bill with respect to an agreement negotiated under
the auspices of the WTO unless the Secretary of Commerce has
issued such report in a timely manner.
(c) Rules of House of Representatives and Senate.--Subsection (b) of
this section, section 2103(c), and section 2104(d)(3)(C) are enacted by
the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
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 constitutional 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.
[[Page 1189]]
Sec. 1130(11H)
h. u.s. participation in wto, uruguay round agreements act, Sec. 125
[19 U.S.C. 3535]
Sec. 125. review of participation in the wto.--
(a) report on the operation of the wto.--The first annual report
submitted to the Congress under section 124--
(1) after the end of the 5-year period beginning 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 thereafter, 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. participation in the wto.--
(1) general rule.--The approval of the Congress, provided
under section 101(a), of the WTO Agreement shall cease to be
effective if, and only if, a joint resolution described in
subsection (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 154(b) of
the Trade Act of 1974), beginning on the date on which
the Congress receives a report referred to in subsection
(a), and
(ii) if the President vetoes the joint resolution,
each House of Congress votes to override 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 154(b) of
the Trade Act of 1974) beginning on the date on which
the Congress receives the veto message 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
[[Page 1190]]
port described in
President transmits to the Congress a re
subsection (a), and before the end of the 90-day period 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 defined 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 subsection, the
provisions of subsections (b), (d), (e), and (f) of section 152
of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f))
apply to joint resolutions to the same extent as such provisions
apply to resolutions under such section.
(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 described
in section 154(b) of the Trade Act of 1974), such committee
shall be automatically discharged from further consideration of
the joint resolution and it shall be placed on the appropriate
calendar.
(D) It is not in order for--
(i) the Senate to consider any joint resolution unless
it has been reported by the Committee on Finance or the
committee has been discharged under subparagraph (C); or
(ii) the House of Representatives to consider 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 Representatives 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 announces to the House his or her
intention to do so.
(3) consideration of second resolution not in order.--It shall
[[Page 1191]]
of Representatives or
not be in order in either the House
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, 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 constitutional 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.
In the 106th and 109th Congresses a joint resolution withdrawing the
approval of the United States from the Agreement establishing the World
Trade Organization was considered under a special rule (H. J. Res. 90,
June 21, 2000, p. 11704; H. J. Res. 27, June 9, 2005, p. 12008).
Sec. 1130(11I)
i. burmese freedom and democracy act, Sec. 9
[50 U.S.C. 1701 note]
Sec. 9. duration of sanctions.--
(a) Termination by Request From Democratic Burma.--The President may
terminate any provision in this Act upon the request of a democratically
elected government in Burma, provided that all the conditions in section
3(a)(3) have been met.
(b) Continuation of Import Sanctions.--
(1) Expiration.--The import restrictions contained in section
3(a)(1) shall expire 1 year from the date of enactment of this
Act unless renewed under paragraph (2) of this section.
(2) Resolution by congress.--The import restrictions contained
in section 3(a)(1) may be renewed annually for a 1-year period
if, prior to the anniversary of the date of enactment of this
Act, and each year thereafter, a renewal resolution is enacted
into law in accordance with subsection (c).
(3) Limitation.--The import restrictions contained in section
3(a)(1) may be renewed for a maximum of nine years from the date
[[Page 1192]]
of the enactment of this Act.
(4) Rule of construction.--For purposes of this subsection,
any reference to section 3(a)(1) shall be deemed to include a
reference to section 3A(b)(1) and (c)(1).
(c) Renewal Resolutions.--
(1) In general.--For purposes of this section, the term
``renewal resolution'' means a joint resolution of the 2 Houses
of Congress, the sole matter after the resolving clause of which
is as follows: ``That Congress approves the renewal of the
import restrictions contained in section 3(a)(1) and section
3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of
2003.''.
(2) Procedures.--
(A) In general.--A renewal resolution--
(i) may be introduced in either House of
Congress by any member of such House at any time
within the 90-day period before the expiration of
the import restrictions contained in section 3(a)(1)
and section 3A(b)(1) and (c)(1); and
(ii) the provisions of subparagraph (B) shall
apply.
(B) Expedited consideration.--The provisions of
section 152(b), (c), (d), (e), and (f) of the Trade Act
of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f))
apply to a renewal resolution under this Act as if such
resolution were a resolution described in section 152(a)
of the Trade Act of 1974.
Sec. 1130(11J)
j. prohibition on import restrictions that would threaten to impair
national security, Sec. 262 of the trade expansion act of 1962
[19 U.S.C. 1862 ]
Sec. 1862. Safeguarding national security-- * * *
(f) Congressional disapproval of Presidential adjustment of imports of
petroleum or petroleum products; disapproval resolution--
(1) An action taken by the President under subsection (c) of
this section to adjust imports of petroleum or petroleum
products shall cease to have force and effect upon the enactment
of a disapprovalresolution, provided for in paragraph (2),
relating to that action.
[[Page 1193]]
(2)(A) This paragraph is enacted by the Congress--
(i) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedures to be followed in that House in the case of
disapproval resolutions and such procedures supersede
other rules only to the extent that they are
inconsistent therewith; and
(ii) with the full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time, in
the same manner, and to the same extent as any other
rule of that House.
(B) For purposes of this subsection, the term ``disapproval
resolution'' means only a joint resolution of either House of
Congress the matter after the resolving clause of which is as
follows: ``That the Congress disapproves the action taken under
section 232 of the Trade Expansion Act of 1962 with respect to
petroleum imports under ___ dated ___.'', the first blank space
being filled with the number of the proclamation, Executive
order, or other Executive act issued under the authority of
subsection (c) of this section for purposes of adjusting imports
of petroleum or petroleum products and the second blank being
filled with the appropriate date.
(C)(i) All disapproval resolutions introduced in the House of
Representatives shall be referred to the Committee on Ways and
Means and all disapproval resolutions introduced in the Senate
shall be referred to the Committee on Finance.
(ii) No amendment to a disapproval resolution shall be in
order in either the House of Representatives or the Senate, and
no motion to suspend the application of this clause shall be in
order in either House nor shall it be in order in either House
for the Presiding Officer to entertain a request to suspend the
application of this clause by unanimous consent.
Sec. 1130(12)