[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3094-S3097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1565. Mr. CRAPO (for himself, Mr. Burr, Mr. Grassley, Mr. Toomey,
Mr. Risch, Mr. Barrasso, Mr. Daines, Mr. Young, Mr. Sasse, Mr. Romney,
Mr. Marshall, Mr. Cassidy, Mr. Braun, Mr. Tuberville, Mr. Scott of
South Carolina, Mr. Cornyn, Mr. Thune, and Mr. Lankford) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of division F, add the following:
TITLE IV--LIMITATIONS ON MODIFICATIONS TO TRADE AGREEMENTS
SEC. 6401. FINDINGS.
Congress finds the following:
(1) Section 8 of article I of the United States
Constitution provides Congress with authority over
international trade. Congress has used that authority to
approve a number of trade agreements, including the WTO
Agreement.
(2) Section 8 of article I of the United States
Constitution provides Congress with authority to provide
intellectual property protections in order to ``promote the
progress of science and useful arts''. People in the United
States rely on those protections to support jobs and continue
the highly successful leadership of the United States with
respect to innovation.
(3) The United States may not withdraw or otherwise alter
the rights and obligations for the United States arising from
a congressionally approved trade agreement without the
consent of Congress.
(4) The United States is a global leader in containing and
ending the COVID-19 pandemic.
(5) Innovators in the United States successfully and
rapidly brought to fruition vaccines that provide highly
effective protection against COVID-19. At facilities across
the United States, thousands of United States workers are
working around the clock to manufacture COVID-19 vaccines,
contributing to the rapid, global scale up of manufacturing
that is expected to reach at least 10,000,000,000 doses by
the end of 2021.
(6) The United States is a founding member of the World
Trade Organization. The United States has secured and
supported critical commitments in the WTO for protection of
intellectual property of United States persons and globally,
including under the Trade-Related Aspects of Intellectual
Property Rights Agreement or the TRIPS Agreement.
(7) In implementing the Uruguay Round, Congress established
under section 315 of the Uruguay Round Agreements Act (19
U.S.C. 3581) that it is the objective of the United States to
``accelerate the implementation'' of the TRIPS Agreement and
to ``seek enactment and effective implementation by foreign
countries of laws to protect and enforce intellectual
property rights that supplement and strengthen the
standards'' of the TRIPS Agreement.
(8) Longstanding intellectual property protections are
critical to efforts by the United States and the
biopharmaceutical industry to develop and manufacture
vaccines for both people in the United States and around the
world.
(9) The United States is committed to providing global
access to COVID-19 vaccines.
(10) In order to accelerate production and distribution of
COVID-19 vaccines, biopharmaceutical manufacturers in the
United States are collaborating at a scale that previously
was unimaginable, including by entering into hundreds of
voluntary manufacturing, production, and other partnerships
around the world.
(11) Manufacturing each of the COVID-19 vaccines involves
highly specialized and unique infrastructure and equipment,
as well as highly trained and experienced personnel.
Manufacturing and distributing safe and effective COVID-19
vaccines on a global scale is incredibly challenging. Many
experts on vaccine production and distribution are warning
that waiving intellectual property protections will undermine
the global response to the COVID-19 pandemic and compromise
vaccine safety, including by disrupting the distribution of
scarce raw materials for vaccines that existing vaccine
makers with proven track records for delivering high-quality,
safe, and effective vaccines need to continue their own
production.
(12) The United States Trade Representative announced
without any consultation with Congress that the United States
will support a waiver of intellectual property protections
under the TRIPS Agreement for COVID-19 vaccines. That
decision is not consistent with the intellectual property
negotiating objectives of the United States set forth in
section 315 of the Uruguay Round Agreements Act (19 U.S.C.
3581).
(13) That waiver announcement created confusion, and raised
concerns that a successful effort to suspend protections will
weaken already strained supply chains and foster the
proliferation of ineffective and potentially dangerous
vaccines.
(14) The Trade Representative has not explained how a
waiver of the TRIPS Agreement will expand vaccine production
and access, particularly considering that the major
impediments to vaccination efforts include the following:
(A) The difficulty in meeting the technical specifications
of production and appropriately ensuring that finished
vaccines are high-quality, safe, and effective.
(B) The scarcity of raw materials for the vaccines.
(C) Last-mile distribution and cold-chain storage.
(D) Trade barriers to the free flow of inputs and finished
products.
(15) The Government of the People's Republic of China and
the Government of the Russian Federation are engaged in large
scale industrial espionage and technology theft of
intellectual property of United States persons. The
Department of Justice has issued indictments in connection
with attempts sponsored by the Government of the People's
Republic of China to steal United States vaccine research
with respect to COVID-19.
(16) The Government of the People's Republic of China and
the Government of the Russian Federation are using their
vaccines as part of diplomatic efforts that may be contrary
to the national security interests of the United States.
Vaccines for COVID-19 manufactured by persons in the People's
Republic of China and the Russian Federation appear to be
less efficacious than those manufactured by producers in the
United States. The Academy of Military Science, the
scientific arm of the military of the People's Republic of
China, is sponsoring the principal effort by the People's
Republic of China to develop its own mRNA vaccine.
(17) At a hearing before the Committee on Finance of the
Senate on May 12, 2021, the Trade Representative would not
commit either--
(A) to ensure that any waiver of the TRIPS Agreement would
exclude the People's Republic of China and the Russian
Federation; or
(B) to ensure that Congress has advance access to the
negotiating proposals of the United States for any such
waiver.
(18) The innovative biopharmaceutical companies in the
United States contribute more than $1,100,000,000,000
annually to the United States economy, and employ more than
500,000 workers making 1.4 times the average earnings in the
United States, including 153,000 workers who do not have a
college degree.
(19) Waiving intellectual property protections,
particularly of the mRNA technology platform in which the
Defense Advanced Research Project Agency invested not less
than $250,000,000, raises serious economic and national
security concerns.
SEC. 6402. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should continue to act as a global
leader to help contain and end the COVID-19 pandemic at home
and abroad;
(2) innovators in the United States are already heroes for
their breakthrough work in developing and producing COVID-19
vaccines.
(3) it should be a priority of the global community, with
the assistance of the United States, to efficiently and
quickly manufacture and distribute COVID-19 vaccines around
the world, and in particular to those countries that are most
vulnerable;
(4) current impediments to further vaccination efforts are
due to--
(A) the technically difficult manufacturing requirements
for vaccines;
(B) the need to appropriately ensure that vaccines are
high-quality, safe, and effective;
(C) raw material constraints; and
(D) difficulties in distribution;
(5) intellectual property protections for COVID-19 vaccines
have not impeded vaccination efforts for COVID-19;
(6) intellectual property protections in fact help ensure
the safe and efficient manufacturing of COVID-19 vaccines;
(7) waiving intellectual property protections could lead to
the production of substandard, ineffective, and potentially
unsafe COVID-19 vaccines;
(8) the Trade Representative must consult with Congress
before taking a position on the current TRIPS Agreement
waiver proposal before the WTO and any further proposals to
waive or weaken intellectual property obligations under the
TRIPS Agreement;
(9) Congress and the people of the United States are
entitled to comprehensive expert analysis regarding the
implications of a waiver to the TRIPS Agreement for jobs,
economic growth, public health, and national security in the
United States; and
(10) the United States must oppose any waiver to
intellectual property obligations under the TRIPS Agreement
for the response to the COVID-19 pandemic until those
implications are fully analyzed.
SEC. 6403. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional
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committees'' means the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives.
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(3) Ministerial change.--The term ``ministerial change'',
with respect to a trade agreement, means a change to address
a clerical, typographical, or grammatical error and does not
include any change that would change the intended rights or
obligations of a party to the trade agreement.
(4) Official advisor.--The term ``official advisor'' means
a person accredited by the Trade Representative on behalf of
the President as an official adviser to the United States
delegations to international conferences, meetings, and
negotiating sessions relating to international trade
negotiations, and who may attend any portion of those
negotiations.
(5) COVID-19 pandemic.--The term ``COVID-19 pandemic''
means the outbreak of novel coronavirus (COVID-19) that was
declared by the World Health Organization on March 11, 2020,
to be a pandemic.
(6) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined is a government that has
repeatedly provided support for acts of international
terrorism, for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other provision of law.
(7) Trade agreement.--The term ``trade agreement'' means
any trade agreement to which the United States is a party
that has been approved by Congress, including the TRIPS
Agreement.
(8) Trade representative.--The term ``Trade
Representative'' means the United States Trade
Representative.
(9) TRIPS agreement.--The term ``TRIPS Agreement'' means
the Agreement on Trade-Related Aspects of Intellectual
Property Rights referred to in section 101(d)(15) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)).
(10) TRIPS waiver.--The term ``TRIPS waiver'' means any
waiver of an obligation imposed on members of the World Trade
Organization under the TRIPS Agreement.
(11) World trade organization; wto; wto agreement.--The
terms ``World Trade Organization'', ``WTO'', and ``WTO
Agreement'' have the meanings given those terms in section 2
of the Uruguay Round Agreements Act (19 U.S.C. 3501).
SEC. 6404. PROHIBITION ON COMPROMISING UNITED STATES TRADING
RIGHTS TO CHINA AND RUSSIA.
(a) Prohibition on Withdrawal, Suspension, or
Modification.--
(1) In general.--The President, and any official, employee,
or agent of the United States, may not negotiate or conclude
any withdrawal, suspension, or modification to a trade
agreement that adversely affects, nullifies, or impairs the
rights of the United States or United States persons under a
trade agreement with respect to the People's Republic of
China or the Russian Federation.
(2) Discipline.--Any official, employee, or agent of the
United States who violates subsection (a) shall be subject to
appropriate discipline, as determined by the President,
including suspension from duty without pay or removal from
office.
(3) Report on violations.--Immediately following any
violation of subsection (a) by an official, employee, or
agent of the United States, the President shall submit to the
appropriate congressional committees a report setting forth a
statement regarding the violation and a description of the
actions taken with respect to the official, employee, or
agent, as the case may be, including all relevant facts.
(b) No Effect of Amendment or Modification to Agreement.--
No amendment or other modification to a trade agreement,
including a waiver of one or more provisions of the
agreement, shall take effect with respect to the United
States--
(1) if the amendment or modification adversely affects,
nullifies, or impairs the benefits to the United States under
the agreement with respect to the People's Republic of China
or the Russian Federation, including with respect to
intellectual property rights; or
(2) if the President failed or refused to consult on the
amendment or modification pursuant to sections 6405 and 6406.
SEC. 6405. LIMITATIONS AND ANALYSIS OF WAIVER OF OBLIGATIONS
UNDER AGREEMENT ON TRADE-RELATED ASPECTS OF
INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO
ADDRESSING THE COVID-19 PANDEMIC.
(a) TRIPS Waiver.--A TRIPS waiver with respect to
addressing the COVID-19 pandemic shall not take effect with
respect to the United States if--
(1) the President fails to submit the reports required
under subsections (b) and (c)(2) pursuant to the requirements
of those subsections;
(2) the report required under subsection (b) concludes that
the TRIPS waiver will not result in an increase in global
vaccine access; or
(3) the report required under subsection (c)(2) concludes
that the TRIPS waiver would adversely impact the national
security of the United States.
(b) Interagency Public Health Report.--
(1) In general.--Before any official, employee, or agent of
the United States enters into negotiations concerning a TRIPS
waiver with respect to addressing the COVID-19 pandemic after
the date of the enactment of this Act, and not later than 60
days after such date of enactment, the Secretary of Commerce,
in consultation with the Trade Representative, the Secretary
of Health and Human Services, the Commissioner of the Food
and Drug Administration, and the Director of the Centers for
Disease Control and Prevention shall submit to Congress a
report assessing--
(A) how the TRIPS waiver would impact, during the period
beginning on the date of the enactment of this Act and ending
on December 31, 2022--
(i) access to vaccines in the United States;
(ii) access to vaccines globally;
(iii) global supply chains of COVID-19 vaccines and related
technologies and the inputs needed to produce those vaccines
and related technologies;
(iv) the gross domestic product of the United States;
(v) exports and imports by the United States of COVID-19
vaccines and related technologies and the inputs needed to
produce those vaccines and related technologies;
(vi) manufacturing in the United States of COVID-19
vaccines and related technologies and the inputs needed to
produce those vaccines and related technologies; and
(vii) investment in vaccine production in the United States
and in research and development for future vaccines;
(B) what existing flexibilities within the TRIPS Agreement
can be used to expedite vaccine access during the one-year
period beginning on the date of the enactment of this Act and
how those flexibilities may be effectively used; and
(C) other reasonably feasible alternatives to the TRIPS
waiver that might expedite global vaccine production during
that one-year period and the effectiveness of those
alternatives relative to a TRIPS waiver, including
distribution from the United States or from other countries.
(2) Publication of report.--The Secretary of Commerce shall
publish the report required under paragraph (1) on a publicly
available website of the Department of Commerce, which shall
include a conclusion of whether a TRIPS waiver with respect
to addressing the COVID-19 pandemic will increase global
vaccine access during the one-year period beginning on the
date of the enactment of this Act.
(c) National Security Investigation.--
(1) In general.--The Secretary of Defense shall conduct an
investigation, in consultation with the Secretary of
Commerce, the Secretary of Health and Human Services, and the
Trade Representative, to determine the effects of a TRIPS
waiver with respect to addressing the COVID-19 pandemic on
the national security of the United States, in particular
whether such a waiver that extends to mRNA technology could
contribute to future deployment of that technology by the
People's Republic of China, the Russian Federation, or
countries designated as state sponsors of terrorism.
(2) Report.--
(A) In general.--Before any official, employee, or agent of
the United States enters into negotiations concerning a TRIPS
waiver with respect to addressing the COVID-19 pandemic after
the date of the enactment of this Act, and not later than 60
days after such date of enactment, the Secretary of Defense
shall submit to the President and the appropriate
congressional committees a report on the findings of the
investigation under paragraph (1), including the
recommendations of the Secretary for action or inaction
regarding the TRIPS waiver.
(B) Advice.--If the Secretary of Defense determines that a
TRIPS waiver with respect to addressing the COVID-19 pandemic
threatens to impair national security, the Secretary shall so
advise the President and the appropriate congressional
committees in the report required under subparagraph (A).
SEC. 6406. TRADE AGREEMENTS: SUSPENSIONS AND OTHER
MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO
CONGRESS.
(a) Trade Representative Engagement With the Public.--
(1) In general.--Before entering into any negotiation with
a trading partner concerning a suspension of or modification
to a trade agreement, including a waiver of obligations, the
Trade Representative shall publish in the Federal Register a
notice identifying--
(A) the objectives of the United States for that
negotiation;
(B) the rationale for why the trade agreement does not
presently allow the United States to meet those objectives;
and
(C) the provision or provisions of the trade agreement that
the United States proposes to suspend or modify.
(2) Comments.--The Trade Representative shall allow the
public an opportunity to submit comments concerning the
notice required under paragraph (1) for a period of not less
than 30 days, and shall hold a hearing to hear testimony from
members of the public.
(b) Initial Evaluation by the Commission.--
(1) In general.--After the end of the comment period under
subsection (a)(2), and
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after an evaluation by the Trade Representative of those
comments, if the Trade Representative determines to pursue a
suspension of or modification to a trade agreement, the Trade
Representative shall submit to the Commission a plan for the
negotiation of the suspension or modification, as the case
may be, which shall include--
(A) the objectives of the United States for the
negotiation;
(B) a description of the inadequacies of the trade
agreement, including by reference to specific provisions that
preclude the United States from meeting its objectives;
(C) a description of how the Trade Representative plans to
remedy those inadequacies;
(D) evidence supporting those inadequacies; and
(E) a justification for why the suspension or modification
would remedy those inadequacies.
(2) Hearing and report.--
(A) Publication of report.--For each suspension of or
modification to a trade agreement for which a plan was
submitted to the Commission under paragraph (1), the
Commission shall publish on an internet website of the
Commission a report evaluating--
(i) the existence and extent of the purported inadequacies
in the trade agreement;
(ii) what progress, if any, the plan might make in
remedying those inadequacies; and
(iii) the likely impact of the suspension or modification
on the economy of the United States as a whole and on
specific industry sectors, including any impact on gross
domestic product, exports and imports, aggregate employment
and employment opportunities, production, employment, and
competitive position of industries likely to be significantly
affected by the suspension or modification, and the interests
of consumers.
(B) Public hearing.--The Commission shall conduct a public
hearing for each suspension of or modification to a trade
agreement for which a plan was submitted to the Commission
under paragraph (1) before publishing a report with respect
to that suspension or modification under subparagraph (A).
(C) Timing.--The Commission shall publish the report
required under subparagraph (A) with respect to a suspension
of or modification to a trade agreement for which a plan was
submitted to the Commission under paragraph (1) not earlier
than 30 days and not later than 120 days after the plan was
submitted.
(D) Confidential report.--If the Commission determines that
certain aspects of a report required to be published under
subparagraph (A) must be kept confidential to protect
proprietary data or to protect the interests of the United
States with respect to a potential negotiation, the
Commission shall--
(i) published a redacted report under subparagraph (A); and
(ii) submit to the appropriate congressional committees an
unredacted report.
(E) Negotiation.--The Trade Representative may proceed to
enter into negotiations with a trading partner with respect
to a suspension of or modification to a trade agreement for
which a plan was submitted to the Commission under paragraph
(1) not earlier than 5 business days following the
publication under subparagraph (A) of the report regarding
that suspension or modification.
(c) Congressional Consultation During the Course of
Negotiations.--
(1) Notice.--Not later than 60 days before entering into
any negotiations with a trading partner concerning a
suspension of or modification to a trade agreement, including
a waiver of one or more provisions or obligations of the
agreement, the President shall provide written notice to
Congress of the intention of the President to enter into the
negotiations, which shall include--
(A) the date on which the President intends to initiate the
negotiations;
(B) the specific objectives of the United States for the
negotiations; and
(C) an assessment of why it is necessary to suspend or
modify the trade agreement in order to meet those objectives.
(2) Consultation.--
(A) President.--Following the notice required under
paragraph (1) with respect to negotiations concerning a
suspension of or modification to a trade agreement, the
President shall consult with Congress with respect to those
negotiations as set forth in section 105 of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(19 U.S.C. 4204) in the same manner as if the suspension or
modification was an agreement subject to the provisions of
that section.
(B) Trade representative.--With respect to negotiations
described in paragraph (1), the Trade Representative shall
consult closely and on a timely basis with the appropriate
congressional committees, keeping those committees fully
apprised of those negotiations, and provide to those
committees, including staff with appropriate security
clearance, access to the text of any negotiating proposal or
any other document presented by the United States that
presents concepts or considerations for the negotiations not
later than 5 business days before tabling it in the
negotiation.
(3) Designation of advisors.--The chair and ranking member
of each of the appropriate congressional committees may each
designate not more than 4 members of their committee and not
more than 3 staffers as official advisors to negotiations
described in paragraph (1).
(4) Briefing.--
(A) In general.--The Trade Representative shall brief the
appropriate congressional committees before and after every
session with respect to negotiations described in paragraph
(1).
(B) Timing of follow-up briefing.--A briefing required
under subparagraph (A) following a negotiating session shall
take place not later than 5 business days following the
session.
(d) Timing of Existing Report.--Notwithstanding the timing
requirements under section 135(e)(1) of the Trade Act of 1974
(19 U.S.C. 2155(e)(1)), the report required under that
section regarding any trade agreement entered into under
subsection (a) or (b) of section 103 of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(19 U.S.C. 4202) shall be provided to the President,
Congress, and the Trade Representative not later than 30 days
after the date on which the President notifies Congress of
the intention of the President to enter into a suspension of
or modification to the trade agreement.
(e) Authority for Suspension or Modification of a Trade
Agreement.--The President shall not enter into any suspension
of or modification to a trade agreement, unless--
(1) the President has complied with all consultation
requirements set forth in subsection (c); and
(2) an Act of Congress is enacted approving the suspension
or modification or a joint resolution is adopted under
subsection (f) approving the suspension or modification.
(f) Joint Resolution.--
(1) In general.--The President may seek a joint resolution
from Congress granting the President authority to enter into
a suspension of or modification to a trade agreement as
follows:
(A) The President shall post the text concerning the
relevant changes to the trade agreement on a publicly
available website of the Office of the United States Trade
Representative for not less than 5 business days.
(B) The President shall submit the text concerning the
relevant changes to the trade agreement to the Commission,
which shall publish on a publicly available website of the
Commission a report on how the changes to the trade agreement
will impact employment, economic growth, and consumers in the
United States. The Commission shall publish that report not
earlier than 30 days and not later than 120 days after
receiving from the President the text concerning the relevant
changes to the trade agreement.
(C) The President shall submit to Congress on a day on
which both Houses of Congress are in session a copy of the
final legal text with respect to which the President seeks
authority to commit the United States, together with--
(i) the report prepared by the Commission under
subparagraph (B);
(ii) an identification of any United States laws that may
be inconsistent with the text; and
(iii) a statement of any administrative action proposed to
implement any changes to the trade agreement.
(2) Introduction.--A joint resolution approving a
suspension of or modification to a trade agreement may be
introduced in either House of Congress by the chair or
ranking member of one of the appropriate congressional
committees.
(3) Procedures in house and senate.--The provisions of
subsections (b) through (f) of section 152 of the Trade Act
of 1974 (19 U.S.C. 2192) shall apply with respect to a joint
resolution introduced under paragraph (2) to the same extent
and in the same manner as such provisions apply with respect
to a resolution described in subsection (a) of that section.
(4) Hearing and briefings.--Following introduction of a
joint resolution under paragraph (2), the appropriate
congressional committees shall, as appropriate, hold hearings
and briefings and otherwise obtain information in order to
fully review the proposed suspension of or modification to a
trade agreement.
(5) Discharge.--If the committee of either House to which a
joint resolution introduced under paragraph (2) has been
referred has not reported it by the close of the 40th day
after its introduction (excluding any day described in
section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b))),
that committee shall be automatically discharged from further
consideration of the joint resolution and it shall be placed
on the appropriate calendar.
(6) Consideration.--
(A) In general.--It is not in order for--
(i) the Senate to consider any joint resolution introduced
under paragraph (2) unless it has been reported by the
Committee on Finance or the committee has been discharged
under paragraph (5); or
(ii) the House of Representatives to consider any joint
resolution introduced under paragraph (2) unless it has been
reported by the Committee on Ways and Means or the committee
has been discharged under paragraph (5).
(B) Motion to proceed in house of representatives.--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.
(7) Rules of senate and house of representatives.--This
subsection is enacted by Congress--
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(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,
and such procedures supersede other rules only to the extent
that they are inconsistent with such other rules; and
(B) 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.
(g) Application to Ministerial Changes.--This section shall
not apply with respect to any ministerial changes to a trade
agreement.
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