[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress] [113rd Congress] [House Document 112-161] [Legislate Procedures Enacted in Law] [Pages 1164-1203] [From the U.S. Government Publishing 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 [[Page 1165]] action recommended by the Commission under section 202(e)(1); 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. In the 107th Congress, the House adopted a special order ``hereby'' laying on the table a privileged joint resolution (reported adversely by the Committee on Ways and Means) disapproving a steel-tariff action taken by the President (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 1166]] 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 1167]] 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 1168]] (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 1169]] are deemed a part of the rules of each House, 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 1170]] approves the extension of nondiscriminatory treatment with 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 1171]] 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 1172]] 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 1173]] 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 1174]] 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. 5640. 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 1175]] 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 1176]] (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 1177]] desk pending receipt of the joint resolution from 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 1178]] 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 1179]] (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 1180]] 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 1181]] (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 1182]] 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 1183]] agreements entered into under section 2902(b) or (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 1184]] 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 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 1185]] 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 1186]] agreement before the close of the 60-day period 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 1187]] 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 1188]] 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 [[Page 1189]] 30, 2005, and before July 1, 2007, 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 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 1190]] under paragraph (2). The Inter national Trade 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 1191]] 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 1192]] (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 1193]] Congress by the Com mittee on Ways and Means or 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 [[Page 1194]] Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (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 1195]] (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 1196]] 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 1197]] 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 1198]] as the case may be, pursuant to the procedures set 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 [[Page 1199]] to the same extent as any other rule of that House. 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 1200]] President transmits to the Congress a re port described in 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 1201]] not be in order in either the House of Representatives or 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 of 2003, 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 1202]] 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 1203]] (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)