[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3741 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3741

    To amend title 49, United States Code, to require congressional 
                 approval of civil aviation agreements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 1998

 Mr. Lipinski  (for himself and Mr. Defazio) introduced the following 
    bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Rules, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title 49, United States Code, to require congressional 
                 approval of civil aviation agreements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Bilateral Accountability 
Act of 1998''.

SEC. 2. CIVIL AVIATION AGREEMENTS.

    Section 40105 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Congressional Approval.--
            ``(1) In general.--A civil aviation agreement that is 
        entered into under this section after the date of the enactment 
        of this subsection shall enter into force with respect to the 
        United States only if--
                    ``(A) the Secretary involved transmits to Congress 
                a document containing a copy of the final text of the 
                agreement, together with an explanation of the 
                agreement; and
                    ``(B) the approval resolution introduced under this 
                subsection with respect to the agreement is enacted 
                into law.
            ``(2) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such these provisions 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 approval resolutions described in 
                paragraph (3); and they supersede other rules only to 
                the extent that they are inconsistent therewith; and
                    ``(B) 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.
            ``(3) Approval resolution defined.--The term `approval 
        resolution' means only a joint resolution of the two Houses of 
        Congress, the matter after the resolving clause of which is as 
        follows: `That Congress approves the civil aviation agreement 
        between the United States and ________________ transmitted by 
        ________________ to the Congress on ________________.', the 
        first blank space being filled with the name of the country 
        involved, the second blank space being filled with the title of 
        the Secretary involved, and the third blank space being filled 
        with the appropriate date.
            ``(4) Introduction and referral.--On the day on which a 
        civil aviation agreement is transmitted to the House of 
        Representatives and the Senate under this subsection, 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 provided in the proceeding 
        sentence, on the first day thereafter on which that House is in 
        session. The approval resolution introduced in the House of 
        Representatives shall be referred to the Committee on 
        Transportation and Infrastructure and the approval resolution 
        introduced in the Senate shall be referred to the Committee on 
        Commerce, Science, and Transportation.
            ``(5) Amendments prohibited.--No amendment to an 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 paragraph by unanimous consent.
            ``(6) Period for committee and floor consideration.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if the committee of either House to 
                which an approval resolution has been referred has not 
                reported it at the close of the 60th day after its 
                introduction, such committee shall be automatically 
                discharged from further consideration of the resolution 
                and it shall be placed on the appropriate calendar. A 
                vote on final passage of the resolution shall be taken 
                in each House on or before the close of the 30th day 
                after the resolution is reported by the committee of 
                that House to which it was referred, or after such 
                committee have been discharged from further 
                consideration of the resolution. If prior to the 
                passage by one House of an approval resolution of that 
                House, that House receives the same approval resolution 
                from the other House, then--
                            ``(i) the procedure in that House shall be 
                        the same as if no approval resolution had been 
                        received from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the approval resolution of the other House.
                    ``(B) Computing number of days.--For the purpose of 
                subparagraph (A), in computing a number of days in 
                either House, there shall be excluded any day on which 
                that House is not in session.
            ``(7) Floor consideration in the house.--
                    ``(A) Motion to proceed.--A motion in the House of 
                Representatives to proceed to the consideration of an 
                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.
                    ``(B) Debate.--Debate in the House of 
                Representatives on an approval resolution shall be 
                limited to not more than 5 hours, which shall be 
                divided equally between those favoring and those 
                opposing the resolution. A motion further to limit 
                debate shall not be debatable. It shall not be in order 
                to move to recommit an approval resolution or to move 
                to reconsider the vote by which an approval resolution 
                is agreed to or disagreed to.
                    ``(C) Motions to postpone.--Motions to postpone, 
                made in the House of Representatives with respect to 
                the consideration of an approval resolution, and 
                motions to proceed to the consideration of other 
                business, shall be decided without debate.
                    ``(D) Appeals.--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 approval resolution shall be decided without 
                debate.
                    ``(E) Applicability of other rules.--Except to the 
                extent specifically provided in the preceding 
                provisions of this subsection, consideration of an 
                approval resolution shall be governed by the Rules of 
                the House of Representatives applicable to other bills 
                and resolutions in similar circumstances.
            ``(8) Floor consideration in the senate.--
                    ``(A) Motion to proceed.--A motion in the Senate to 
                proceed to the consideration of an approval resolution 
                shall be 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.
                    ``(B) Debate.--Debate in the Senate on an approval 
                resolution, and all debatable motions and appeals in 
                connection therewith, shall be limited to not more than 
                10 hours. The time shall be equally divided between, 
                and controlled by, the majority leader and the minority 
                leader or their designees.
                    ``(C) Appeals.--Debate in the Senate on any 
                debatable motion or appeal in connection with an 
                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 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 an approval resolution, allot additional time to any 
                Senator during the consideration of any debatable 
                motion or appeal.
                    ``(D) Motion to limit debate; motion to recommit.--
                A motion in the Senate to further limit debate is not 
                debatable. A motion to recommit an approval resolution 
                is not in order.''.
                                 <all>