[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1135 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 1135

   To grant certain authorities to the President to combat economic 
        coercion by foreign adversaries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 21, 2023

    Mr. Meeks (for himself, Mr. Cole, and Mr. Bera) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
    and in addition to the Committees on Ways and Means, Financial 
Services, and 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 grant certain authorities to the President to combat economic 
        coercion by foreign adversaries, and for other purposes.

    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 ``Countering Economic Coercion Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Foreign adversaries are increasingly using economic 
        coercion to pressure, punish, and influence United States 
        allies and partners.
            (2) Economic coercion causes economic harm to United States 
        allies and partners and creates malign influence on the 
        sovereign political actions of such allies and partners.
            (3) Economic coercion can threaten the essential security 
        of the United States and its allies.
            (4) Economic coercion is often characterized by--
                    (A) capricious, pre-textual, and non-transparent 
                actions taken without due process afforded;
                    (B) intimidation or threats of punitive actions; 
                and
                    (C) informal actions that take place without 
                explicit government action.
            (5) Existing mechanisms for trade dispute resolution and 
        international arbitration are inadequate for responding to 
        economic coercion in a timely and effective manner as foreign 
        adversaries exploit plausible deniability and lengthy processes 
        to evade accountability.
            (6) The United States should provide meaningful economic 
        and political support to allies and partners affected by 
        economic coercion.
            (7) Supporting foreign trading partners affected by 
        economic coercion can lead to opportunities for United States 
        businesses, investors, and workers to reach new markets and 
        customers.
            (8) Responding to economic coercion will be most effective 
        when the United States provides relief to affected foreign 
        trading partners in coordination with allies and like-minded 
        countries.
            (9) Such coordination will further demonstrate broad 
        resolve against economic coercion.

SEC. 3. AMENDMENT TO THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

    The International Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.) is amended by adding at the end the following:

``SEC. 209. AUTHORITIES TO COMBAT ECONOMIC COERCION BY FOREIGN 
              ADVERSARIES.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees'--
                    ``(A) means--
                            ``(i) the Committee on Foreign Relations of 
                        the Senate; and
                            ``(ii) the Committee on Foreign Affairs of 
                        the House of Representatives; and
                    ``(B) includes--
                            ``(i) with respect to the exercise of any 
                        authority under subsection (c)(1)(A), 
                        (c)(1)(D), or (c)(2)--
                                    ``(I) the Committee on Finance of 
                                the Senate; and
                                    ``(II) the Committee on Ways and 
                                Means of the House of Representatives; 
                                and
                            ``(ii) with respect to the exercise of any 
                        authority under subsection (c)(1)(B) or 
                        (b)(1)(G)--
                                    ``(I) the Committee on 
                                Appropriations of the Senate; and
                                    ``(II) the Committee on 
                                Appropriations of the House of 
                                Representatives; and
                            ``(iii) with respect to the exercise of any 
                        authority under subparagraphs (F) or (H) of 
                        subsection (c)(1)--
                                    ``(I) the Committee on Banking, 
                                Housing, and Urban Affairs of the 
                                Senate; and
                                    ``(II) the Committee on Financial 
                                Services of the House of 
                                Representatives.
            ``(2) Economic coercion.--The term `economic coercion' 
        means actions, practices, or threats undertaken by a foreign 
        adversary to unreasonably restrain, obstruct, or manipulate 
        trade, foreign aid, investment, or commerce in an arbitrary, 
        capricious, or non-transparent manner with the intention to 
        cause economic harm to achieve strategic political objectives 
        or influence sovereign political actions.
            ``(3) Export; export administration regulations; in-country 
        transfer; reexport.--The terms `export', `Export Administration 
        Regulations', `in-country transfer', and `reexport' have the 
        meanings given those terms in section 1742 of the Export 
        Control Reform Act of 2018 (50 U.S.C. 4801).
            ``(4) Foreign adversary.--The term `foreign adversary' has 
        the meaning given that term in section 8(c)(2) of the Secure 
        and Trusted Communications Networks Act of 2019 (47 U.S.C. 
        1607(c)(2)).
            ``(5) Foreign trading partner.--The term `foreign trading 
        partner' means any partner or allied jurisdiction that trades 
        with the United States.
    ``(b) Determination of Economic Coercion.--
            ``(1) Presidential determination.--
                    ``(A) In general.--If the President determines that 
                a foreign trading partner is subject to economic 
                coercion by a foreign adversary, the President may 
                exercise, in a manner proportionate to the economic 
                coercion, any authority described--
                            ``(i) in subsection (c)(1) to support or 
                        assist the foreign trading partner; or
                            ``(ii) in subsection (c)(2) to penalize the 
                        foreign adversary.
                    ``(B) Information; hearings.--To inform any 
                determination or exercise of authority under 
                subparagraph (A), the President shall--
                            ``(i) obtain the written opinion and 
                        analysis of the Secretary of State, the 
                        Secretary of Commerce, the Secretary of the 
                        Treasury, the United States Trade 
                        Representative, and the heads of other Federal 
                        agencies, as the President considers 
                        appropriate;
                            ``(ii) seek information and advice from and 
                        consult with other relevant officers of the 
                        United States; and
                            ``(iii) afford other interested parties an 
                        opportunity to present relevant information and 
                        advice.
                    ``(C) Consultation with congress.--The President 
                shall consult with the appropriate congressional 
                committees--
                            ``(i) not later than 10 days before 
                        exercising any authority under this paragraph; 
                        and
                            ``(ii) not less frequently than once every 
                        180 days for the duration of the exercise of 
                        such authority.
                    ``(D) Notice.--Not later than 30 days after the 
                date that the President determines that a foreign 
                trading partner is subject to economic coercion or 
                exercises any authority under subparagraph (A), the 
                President shall publish in the Federal Register--
                            ``(i) a notice of the determination or 
                        exercise of authority; and
                            ``(ii) a description of the economic 
                        coercion that the foreign adversary is applying 
                        to the foreign trading partner and other 
                        circumstances that led to such determination or 
                        exercise of authority.
            ``(2) Expedited determination.--
                    ``(A) In general.--If the Secretary of State 
                determines that a foreign trading partner is subject to 
                economic coercion by a foreign adversary, the Secretary 
                of State or the head of the relevant Federal agency may 
                exercise any authority described in subparagraphs (B) 
                through (G) of subsection (c)(1).
                    ``(B) Notices.--
                            ``(i) In general.--Not later than 10 days 
                        after a determination under subparagraph (A), 
                        the Secretary of State shall submit to the 
                        appropriate congressional committees a notice 
                        of such determination.
                            ``(ii) Exercise of authority.--Not later 
                        than 10 days after the exercise of any 
                        authority described in subparagraphs (B) 
                        through (G) of subsection (c)(1) that relies on 
                        the determination for which the Secretary of 
                        State submitted notice under clause (i), the 
                        Secretary of State or the head of the relevant 
                        Federal agency relying on such determination 
                        shall submit to the appropriate congressional 
                        committees a notice of intent to exercise such 
                        authority, but not more frequently than once 
                        every 90 days.
            ``(3) Revocation of determination.--
                    ``(A) In general.--Any determination made by the 
                President under paragraph (1) or Secretary of State 
                under paragraph (2) shall be revoked on the earliest 
                of--
                            ``(i) the date that is two years after the 
                        date of such determination;
                            ``(ii) the date of the enactment of a joint 
                        resolution of disapproval revoking the 
                        determination; or
                            ``(iii) the date on which the President 
                        issues a proclamation revoking the 
                        determination.
                    ``(B) Termination of authorities.--Any authority 
                described in subsection (c)(1) exercised pursuant to a 
                determination that has been revoked under subparagraph 
                (A) shall cease to be exercised on the date of such 
                revocation, except that such revocation shall not 
                affect--
                            ``(i) any action taken or proceeding 
                        pending not finally concluded or determined on 
                        such date; or
                            ``(ii) any rights or duties that matured or 
                        penalties that were incurred prior to such 
                        date.
    ``(c) Authorities To Assist Foreign Trading Partners Affected by 
Economic Coercion.--
            ``(1) Authorities with respect to foreign trading 
        partners.--The authorities described in this subsection are the 
        following:
                    ``(A) Subject to subsection (e), with respect to 
                goods imported into the United States from a foreign 
                trading partner subject to economic coercion by a 
                foreign adversary--
                            ``(i) the reduction or elimination of 
                        duties; or
                            ``(ii) the modification of tariff-rate 
                        quotas.
                    ``(B) Requesting appropriations for foreign aid to 
                the foreign trading partner.
                    ``(C) Expedited decisions with respect to the 
                issuance of licenses for the export or reexport to, or 
                in-country transfer in, the foreign trading partner of 
                items subject to controls under the Export 
                Administration Regulations, consistent with the Export 
                Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).
                    ``(D) Expedited regulatory processes related to the 
                importation of goods and services into the United 
                States from the foreign trading partner.
                    ``(E) Requesting the necessary authority and 
                appropriations for sovereign loan guarantees to the 
                foreign trading partner.
                    ``(F) The waiver of policy requirements (other than 
                policy requirements mandated by an Act of Congress) as 
                necessary to facilitate the provision of financing to 
                support exports to the foreign trading partner.
                    ``(G) Requesting appropriations for loan loss 
                reserves to facilitate the provision of financing to 
                support United States exports to the foreign trading 
                partner.
                    ``(H) The exemption of financing provided to 
                support United States exports to the foreign trading 
                partner from section 8(g)(1) of the Export-Import Bank 
                Act of 1945 (12 U.S.C. 635g(g)(1)).
            ``(2) Authorities with respect to foreign adversaries.--
        Subject to subsection (e), with respect to goods imported into 
        the United States from a foreign adversary engaged in economic 
        coercion of a foreign trading partner, the authorities 
        described in this subsection are the following:
                    ``(A) The increase in duties.
                    ``(B) The modification of tariff-rate quotas.
    ``(d) Coordination With Allies and Partners.--
            ``(1) Coordination by president.--After a determination by 
        the President that a foreign trading partner is subject to 
        economic coercion by a foreign adversary, the President shall 
        endeavor to coordinate--
                    ``(A) the exercise of the authorities described in 
                subsection (c) with other allies and partners, in order 
                to broaden economic support to the foreign trading 
                partner affected by economic coercion; and
                    ``(B) with allies and partners to issue joint 
                condemnation of the actions of the foreign adversary 
                and support for the foreign trading partner.
            ``(2) Coordination by secretary.--The Secretary of State, 
        in coordination with the heads of relevant agencies, shall 
        endeavor--
                    ``(A) to encourage allies and partners to create 
                mechanisms and authorities necessary to facilitate the 
                coordination under paragraph (1)(A);
                    ``(B) to coordinate with allies and partners to 
                broaden international opposition to economic coercion;
                    ``(C) to coordinate with allies and partners to 
                deter the use of economic coercion by foreign 
                adversaries; and
                    ``(D) to engage with allies and partners to gather 
                information about possible instances of economic 
                coercion and share such information with the 
                appropriate congressional committees.
    ``(e) Conditions With Respect to Tariff Authority.--
            ``(1) Limitations on tariff authority.--The authority 
        described in subsection (c)(1)(A)--
                    ``(A) does not include the authority to reduce or 
                eliminate antidumping or countervailing duties imposed 
                under title VII of the Tariff Act of 1930 (19 U.S.C. 
                1671 et seq.);
                    ``(B) may only apply to an article if--
                            ``(i) such article is--
                                    ``(I) designated by the President 
                                as an eligible article for purposes of 
                                the Generalized System of Preferences 
                                under section 503 of the Trade Act of 
                                1974 (19 U.S.C. 2463); and
                                    ``(II) imported directly from the 
                                foreign trading partner into the 
                                customs territory of the United States; 
                                and
                            ``(ii) the sum of the cost or value of the 
                        materials produced in the foreign trading 
                        partner and the direct costs of processing 
                        operations performed in such foreign trading 
                        partner is not less than 35 percent of the 
                        appraised value of such article at the time it 
                        is entered; and
                    ``(C) may not apply to any article that is the 
                product of the foreign trading partner by virtue of 
                having merely undergone--
                            ``(i) simple combining or packaging 
                        operations; or
                            ``(ii) mere dilution with water or another 
                        substance that does not materially alter the 
                        characteristics of the article.
            ``(2) Consultation with congress.--
                    ``(A) In general.--Before exercising any authority 
                described in paragraph (1)(A) or (2) of subsection (c), 
                the President shall submit to the appropriate 
                congressional committees a notice of intent to exercise 
                such authority that includes a description of--
                            ``(i) the circumstances that merit the 
                        exercise of such authority;
                            ``(ii) the expected effects of the exercise 
                        of such authority on the economy of the United 
                        States and businesses, workers, farmers, and 
                        ranchers in the United States;
                            ``(iii) the expected effects of the 
                        exercise of such authority on the foreign 
                        trading partner; and
                            ``(iv) the expected effects of the exercise 
                        of such authority on the foreign adversary.
                    ``(B) Congressional review.--
                            ``(i) In general.--During the period of 45 
                        calendar days beginning on the date on which 
                        the President submits a notice of intent under 
                        subparagraph (A), the appropriate congressional 
                        committees should hold hearings and briefings 
                        and otherwise obtain information in order to 
                        fully review the proposed exercise of 
                        authority.
                            ``(ii) Limitation on exercise of authority 
                        during congressional review.--Notwithstanding 
                        any other provision of law, during the period 
                        for congressional review described in clause 
                        (i) of a notice of intent submitted under 
                        subparagraph (A), the President may not take 
                        the proposed exercise of authority unless a 
                        joint resolution of approval with respect to 
                        that exercise of authority is enacted.
                            ``(iii) Effect of enactment of joint 
                        resolution of disapproval.--Notwithstanding any 
                        other provision of law, if a joint resolution 
                        of disapproval relating to a notice of intent 
                        submitted under subparagraph (A) is enacted 
                        during the period for congressional review 
                        described in clause (i), the President may not 
                        take the proposed exercise of authority.
    ``(f) Process for Joint Resolutions of Approval or Disapproval.--
            ``(1) Definitions.--In this section:
                    ``(A) Joint resolution of approval.--The term 
                `joint resolution of approval' means only a joint 
                resolution of either House of Congress--
                            ``(i) which does not have a preamble;
                            ``(ii) the title of which is as follows: `A 
                        joint resolution approving the President's 
                        exercise of authority under section 209(c) of 
                        the International Emergency Economic Powers 
                        Act.'; and
                            ``(iii) the sole matter after the resolving 
                        clause of which is as follows: `That Congress 
                        approves the exercise of authority by the 
                        President under section 209(c) of the 
                        International Emergency Economic Powers Act, 
                        submitted to Congress on ___.', with the blank 
                        space being filled with the appropriate date.
                    ``(B) Joint resolution of disapproval.--The term 
                `joint resolution of disapproval' means--
                            ``(i) with respect to the determination in 
                        subsection (b)(1), per the revocation outlined 
                        in subsection (b)(3), only a joint resolution 
                        of either House of Congress--
                                    ``(I) which does not have a 
                                preamble;
                                    ``(II) the title of which is as 
                                follows: `A joint resolution 
                                disapproving the President's 
                                determination under section 209(b) of 
                                the International Emergency Economic 
                                Powers Act.'; and
                                    ``(III) the sole matter after the 
                                resolving clause of which is as 
                                follows: `That Congress disapproves the 
                                determination of the President under 
                                section 209(b) of the International 
                                Emergency Economic Powers Act, 
                                published in the Federal Register on 
                                ___.', with the blank space being 
                                filled with the appropriate date; and
                            ``(ii) with respect to an expedited 
                        determination under subsection (b)(2), per the 
                        revocation outlined in subsection (b)(3), only 
                        a joint resolution of either House of 
                        Congress--
                                    ``(I) which does not have a 
                                preamble;
                                    ``(II) the title of which is as 
                                follows: `A joint resolution 
                                disapproving the Secretary of State's 
                                determination under section 209(b) of 
                                the International Emergency Economic 
                                Powers Act.'; and
                                    ``(III) the sole matter after the 
                                resolving clause of which is as 
                                follows: `That Congress disapproves the 
                                determination of the Secretary of State 
                                under section 209(b) of the 
                                International Emergency Economic Powers 
                                Act, submitted to Congress on ___.', 
                                with the blank space being filled with 
                                the appropriate date; and
                            ``(iii) with respect to the exercise of 
                        authorities in subsection (c), per the 
                        limitations outlined in subsection (e)(2), only 
                        a joint resolution of either House of 
                        Congress--
                                    ``(I) which does not have a 
                                preamble;
                                    ``(II) the title of which is as 
                                follows: `A joint resolution 
                                disapproving the President's exercise 
                                of authority under section 209(c) of 
                                the International Emergency Economic 
                                Powers Act.'; and
                                    ``(III) the sole matter after the 
                                resolving clause of which is as 
                                follows: `That Congress disapproves the 
                                exercise of authority by the President 
                                under section 209(c) of the 
                                International Emergency Economic Powers 
                                Act, submitted to Congress on ___.', 
                                with the blank space being filled with 
                                the appropriate date.
            ``(2) Introduction in the house of representatives.--During 
        a period of 5 legislative days beginning on the date that a 
        notice of determination is published in the Federal Register in 
        accordance with subsection (b)(1)(D) or submitted to the 
        appropriate congressional committees in accordance with 
        subsection (b)(2)(B)(i) or a notice of intent is submitted to 
        the appropriate congressional committees in accordance with 
        subsection (b)(2)(B)(ii) or subsection (e)(2)(A), a joint 
        resolution of approval or a joint resolution of disapproval may 
        be introduced in the House of Representatives by the majority 
        leader or the minority leader.
            ``(3) Introduction in the senate.--During a period of 5 
        days on which the Senate is in session beginning on the date 
        that a notice of determination is published in the Federal 
        Register in accordance with subsection (b)(1)(D) or submitted 
        to the appropriate congressional committees in accordance with 
        subsection (b)(2)(B)(i) or a notice of intent is submitted to 
        the appropriate congressional committees in accordance with 
        subsection (b)(2)(B)(ii) or subsection (e)(2)(A), a joint 
        resolution of approval or a joint resolution of disapproval may 
        be introduced in the Senate by the majority leader (or the 
        majority leader's designee) or the minority leader (or the 
        minority leader's designee).
            ``(4) Floor consideration in the house of 
        representatives.--
                    ``(A) Reporting and discharge.--If a committee of 
                the House of Representatives to which a joint 
                resolution of approval or joint resolution of 
                disapproval has been referred has not reported such 
                joint resolution within 10 legislative days after the 
                date of referral, that committee shall be discharged 
                from further consideration of the joint resolution.
                    ``(B) Proceeding to consideration.--In the House of 
                Representatives, the following procedures shall apply 
                to a joint resolution of approval or a joint resolution 
                of disapproval:
                            ``(i) Beginning on the third legislative 
                        day after each committee to which a joint 
                        resolution of approval or joint resolution of 
                        disapproval has been referred reports it to the 
                        House of Representatives or has been discharged 
                        from further consideration of the joint 
                        resolution, it shall be in order to move to 
                        proceed to consider the joint resolution in the 
                        House of Representatives.
                            ``(ii) All points of order against the 
                        motion are waived. Such a motion shall not be 
                        in order after the House of Representatives has 
                        disposed of a motion to proceed on a joint 
                        resolution with regard to the same 
                        certification. The previous question shall be 
                        considered as ordered on the motion to its 
                        adoption without intervening motion. The motion 
                        shall not be debatable. A motion to reconsider 
                        the vote by which the motion is disposed of 
                        shall not be in order.
                    ``(C) Consideration.--The joint resolution shall be 
                considered as read. All points of order against the 
                joint resolution and against its consideration are 
                waived. The previous question shall be considered as 
                ordered on the joint resolution to final passage 
                without intervening motion except two hours of debate 
                equally divided and controlled by the sponsor of the 
                joint resolution (or a designee) and an opponent. A 
                motion to reconsider the vote on passage of the joint 
                resolution shall not be in order.
            ``(5) Consideration in the senate.--
                    ``(A) Committee referral.--A joint resolution of 
                approval or a joint resolution of disapproval 
                introduced in the Senate shall be referred to the 
                Committee on Foreign Relations.
                    ``(B) Reporting and discharge.--If the Committee on 
                Foreign Relations has not reported a joint resolution 
                of approval or a joint resolution of disapproval within 
                10 days on which the Senate is in session after the 
                date of referral of such joint resolution, that 
                committee shall be discharged from further 
                consideration of such joint resolution and the joint 
                resolution shall be placed on the appropriate calendar.
                    ``(C) Motion to proceed.--Notwithstanding Rule XXII 
                of the Standing Rules of the Senate, it is in order at 
                any time after the Committee on Foreign Relations 
                reports the joint resolution of approval or the joint 
                resolution of disapproval to the Senate or has been 
                discharged from its consideration (even though a 
                previous motion to the same effect has been disagreed 
                to) to move to proceed to the consideration of the 
                joint resolution, and all points of order against the 
                joint resolution (and against consideration of the 
                joint resolution) shall be waived. The motion to 
                proceed is not debatable. The motion is not subject to 
                a motion to postpone. A motion to reconsider the vote 
                by which the motion is agreed to or disagreed to shall 
                not be in order. If a motion to proceed to the 
                consideration of the joint resolution of approval or 
                the joint resolution of disapproval is agreed to, the 
                joint resolution shall remain the unfinished business 
                until disposed.
                    ``(D) Debate.--Debate on a joint resolution of 
                approval or a joint resolution of disapproval, and on 
                all debatable motions and appeals in connection with 
                such joint resolution, shall be limited to not more 
                than 10 hours, which shall be divided equally between 
                the majority and minority leaders or their designees. A 
                motion to further limit debate is in order and not 
                debatable. An amendment to, or a motion to postpone, or 
                a motion to proceed to the consideration of other 
                business, or a motion to recommit the joint resolution 
                is not in order.
                    ``(E) Vote on passage.--The vote on passage shall 
                occur immediately following the conclusion of the 
                debate on the joint resolution of approval or the joint 
                resolution of disapproval and a single quorum call at 
                the conclusion of the debate, if requested in 
                accordance with the rules of the Senate.
                    ``(F) Rules of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate, as the case may 
                be, to the procedure relating to the joint resolution 
                of approval or the joint resolution of disapproval 
                shall be decided without debate.
                    ``(G) Consideration of veto messages.--Debate in 
                the Senate of any veto message with respect to the 
                joint resolution of approval or the joint resolution of 
                disapproval, including all debatable motions and 
                appeals in connection with such joint resolution, shall 
                be limited to 10 hours, to be equally divided between, 
                and controlled by, the majority leader and the minority 
                leader or their designees.
            ``(6) Procedures in the senate.--Except as otherwise 
        provided in this section, the following procedures shall apply 
        in the Senate to a joint resolution of approval or a joint 
        resolution of disapproval to which this section applies:
                    ``(A) Except as provided in subparagraph (B), a 
                joint resolution of approval or a joint resolution of 
                disapproval that has passed the House of 
                Representatives shall, when received in the Senate, be 
                referred to the Committee on Foreign Relations for 
                consideration in accordance with this subsection.
                    ``(B) If a joint resolution of approval or a joint 
                resolution of disapproval to which this section applies 
                was introduced in the Senate before receipt of a joint 
                resolution of approval or a joint resolution of 
                disapproval that has passed the House of 
                Representatives, the joint resolution from the House of 
                Representatives shall, when received in the Senate, be 
                placed on the calendar. If this paragraph applies, the 
                procedures in the Senate with respect to a joint 
                resolution of approval or a joint resolution of 
                disapproval introduced in the Senate that contains the 
                identical matter as a joint resolution of approval or a 
                joint resolution of disapproval that passed the House 
                of Representatives shall be the same as if no joint 
                resolution of approval or joint resolution of 
                disapproval had been received from the House of 
                Representatives, except that the vote on passage in the 
                Senate shall be on the joint resolution of approval or 
                the joint resolution of disapproval that passed the 
                House of Representatives.
            ``(7) Rules of the house of representatives and senate.--
        This subsection is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such is 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 a joint resolution of approval or a joint 
                resolution of disapproval under this subparagraph, and 
                supersedes other rules only to the extent that it is 
                inconsistent with such rules; 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.''.
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