    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
    [108th Congress]
    [House Document 107-284]
    [Congressional Disapproval Provisions Contained in Public Laws]
    [Pages 1043-1200]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 1043]]

    ========================================================================

                          ``CONGRESSIONAL DISAPPROVAL''

                              PROVISIONS CONTAINED

    ========================================================================

    [[Page 1045]]

                                 IN PUBLIC LAWS

        ``CONGRESSIONAL DISAPPROVAL'' PROVISIONS CONTAINED IN PUBLIC LAWS

    Sec. 1130.

      Congress has,  from time to time, passed laws
    reserving to itself an absolute or limited right of review by approval
    or disapproval of certain actions of the executive branch or of
    independent agencies. These laws, known as ``congressional disapproval''
    statutes, usually envision some form of congressional action falling
    into one of three general categories: (1) action by both Houses of
    Congress on a bill or joint resolution requiring presidential signature;
    (2) action by one or both Houses of Congress on a simple or concurrent
    resolution; and (3) action by a congressional committee. Although
    provisions in the first category remain viable, provisions in the latter
    two categories should be read in light of Immigration and Naturalization
    Service v. Chadha, 462 U.S. 919 (1983). In that case the Supreme Court
    held unconstitutional as in violation of the presentment clause of
    article I, section 7, and the doctrine of separation of powers the
    provisions of the Immigration and Nationality Act contemplating
    disapproval of a decision of the Attorney General to allow an otherwise
    deportable alien to remain in the United States by simple resolution of
    one House. That same year, the Supreme Court summarily affirmed several
    lower court decisions invalidating provisions contemplating disapproval
    of executive actions by methods described in both categories (2) and (3)
    above. 463 U.S. 1216 (1983). Since then, Congress has amended several
    ``congressional disapproval'' statutes to convert provisions requiring
    simple or concurrent resolutions to provisions requiring joint
    resolutions.

    [[Page 1046]]

    theless, because the House retains the constitutional right to change
    its rules at any time, the Committee on Rules may report a resolution
    varying the statutorily prescribed procedures for the House.
      Many ``congressional disapproval'' statutes prescribe special
    procedures for the House to follow when reviewing executive actions.
    These procedures, termed ``privileged procedures,'' technically are
    rules of the House, enacted expressly or impliedly as an exercise of the
    House's rulemaking authority. At the beginning of each Congress, it is
    customary for the House to re-incorporate by reference in the resolution
    adopting its rules such ``congressional disapproval'' procedures as may
    exist in current law. Never

      Other ``congressional disapproval'' statutes prescribe no special
    procedures for the consideration of executive actions. As a result,
    those statutes contain no provisions that technically are rules of the
    House; and thus they are not carried in this Manual. For a recent
    listing of those statutes, see the House Rules and Manual for the 102d
    Congress (H. Doc. 101-256).

      Below is a compilation of the various provisions in ``congressional
    disapproval'' statutes setting forth ``privileged procedures'' to be
    followed by the House when considering executive actions, together with
    any annotations of decisions of the Chair interpreting those provisions.
    Although some annotations provide pertinent legislative history, this
    compilation does not endeavor to provide a comprehensive record of
    legislative history for every provision. Excerpts of the Balanced Budget
    and Emergency Deficit Control Act, formerly carried after the
    Congressional Budget Act, have been scaled down and moved to this
    segment of the Manual for quick reference to the legislative procedures
    therein. The primary enforcement mechanisms in the statute (such as
    sequestration) are no longer carried because they are not legislative
    procedures. However, sections 250, 251, and 252 operate in conjunction
    with procedural provisions in title III of the Congressional Budget Act
    of 1974, supra. Sections 258, 258A, 258B, and 258C primarily provide for
    reporting and consideration of legislation in the Senate; therefore,
    only portions those sections are carried here. A more thorough
    understanding of the statutory scheme requires the full statutory text
    (see 2 U.S.C. 900).

                                                                   Sec. 1130

     1.                       Executive Reorganization.

     2.                       War Powers Resolution.

     3.                       National Emergencies Act.

     4.                       International Emergency Economic Powers Act.

     5.                       District of Columbia Home Rule Act.

     6.                       Title X of the Congressional Budget and
              Resolutions Privileged for Consideration in the House

    a.                        Impoundment Control.

    b.                        Line Item Veto Authority.

     7.                       Foreign Spent Nuclear Fuel.

    [[Page 1047]]

     8.                       Pension Reform Act.

     9.                       Multiemployer Guarantees, Revised Schedules.

    10.                       Nuclear Non-Proliferation Provisions of the
                              Impoundment Control Act of 1974.

    11.                       Trade Act of 1974.

    a.                        Import Relief.

    b.                        Freedom of Emigration.

    c.                        Nondiscriminatory Treatment.

    d.                        ``Fast-Track'' Procedures.

    e.                        Narcotics Control Provisions.

    f.                        Trade Promotion Authority.

    12.                       Federal Salary Act of 1967.

    13.                       Energy Policy and Conservation Act.

    14.                       Extensions of Emergency Energy Authorities.

    15.                       Nuclear Waste Fund Fees.

    16.                       Arms Export Control.

    a.                        Arms Export Control Act, Sec. 36(b).

    b.                        Arms Export Control Act, Sec. 36(c).

    c.                        Arms Export Control Act, Sec. 36(d).

    d.                        Arms Export Control Act, Sec. 3.

    e.                        Arms Export Control Act, Sec. Sec. 62-63.

    17.                       Federal Election Commission Regulations.

    18.                       Alaska Natural Gas Transportation Act of 1976.

    19.                       Crude Oil Transportation Systems.

    20.                       Alaska National Interest Lands Conservation
                              Atomic Energy Act.

    21.                       Federal Land Policy and Management Act of
                              Act.

    a.                        Land Use Planning.

    b.                        Sales.

    c.                        Withdrawals.

    d.                        Review of Withdrawals.

    22.                       Marine Fisheries Conservation Act.

    23.                       Outer Continental Shelf Lands Act.

    24.                       Nuclear Waste Policy Act of 1982.

    a.                        High-level Radioactive Waste and Spent Nuclear
                              1976.

    b.                        Interim Storage Program.

    c.                        Monitored Retrievable Storage.

    25.                       Defense Base Closure and Realignment.

    a.                        Defense Base Closure and Realignment Act of
                              Fuel.

    b.                        Limitation on Military Construction Funds.

    26.                       U.S. Participation in WTO.

    27.                       Congressional Accountability Act of 1995.

    28.                       Termination of Cuban Economic Embargo.

    29.                       Congressional Review of Agency Rulemaking.

    30.                       The Balanced Budget and Emergency Deficit
                              1990.

    31.                       Andean Counterdrug Initiative.

                              Control Act of 1985.

                  1. Executive Reorganization [5 U.S.C. 902-12]

                              Sec. 902. definitions

      For the purpose of this chapter--

              (1) ``agency'' means--

                      (A) an Executive agency or part thereof; and

                      (B) an office or officer in the executive branch;

            but does include the General Accounting Office or the

    [[Page 1048]]

            Comptroller General of the United States;

              (2) ``reorganization'' means a transfer, consolidation,

            coordination, authorization, or abolition, referred to in

            section 903 of this title; and

              (3) ``officer'' is not limited by section 2104 of this title.

                                                                Sec. 1130(1)

                         Sec. 903. reorganization plans

      (a) Whenever the President, after investigation, finds that changes in
    the organization of agencies are necessary to carry out any policy set
    forth in section 901(a) of this title, he shall prepare a reorganization
    plan specifying the reorganizations he finds are necessary. Any plan may
    provide for--

              (1) the transfer of the whole or a part of an agency, or of

            the whole or a part of the functions thereof, to the

            jurisdiction and control of another agency;

              (2) the abolition of all or a part of the functions of an

            agency, except that no enforcement function or statutory program

            shall be abolished by the plan;

              (3) the consolidation or coordination of the whole or a part

            of an agency, or of the whole part of the functions thereof,

            with the whole or a part of another agency or the functions

            thereof;

              (4) the consolidation or coordination of a part of an agency

            or the functions thereof with another part of the same agency or

            the functions thereof;

              (5) the authorization of an officer to delegate any of his

            functions; or

              (6) the abolition of the whole or a part of an agency which

            agency or part does not have, or on the taking effect of the

            reorganization plan will not have, any functions.
    The President shall transmit the plan (bearing an identification number)
    to the Congress together with a declaration that, with respect to each
    reorganization included in the plan, he has found that the
    reorganization is necessary to carry out any policy set forth in section
    901(a) of this title.

    [[Page 1049]]

    exercise of the function. The message shall also estimate any reduction
    or increase in expenditures (itemized so far as practicable), and
    describe any improvements in management, delivery of Federal services,
    execution of the laws, and increases in efficiency of Government
    operations, which it is expected will be realized as a result of the
    reorganizations included in the plan. In addition, the President's
    message shall include an implementation section which shall (1) describe
    in detail (A) the actions necessary or planned to complete the
    reorganization, (B) the anticipated nature and substance of any orders,
    directives, and other administrative and operational actions which are
    expected to be required for completing or implementing the
    reorganization, and (C) any preliminary actions which have been taken in
    the implementation process, and (2) contain a projected timetable for
    completion of the implementation process. The President shall also
    submit such further background or other information as the Congress may
    require for its consideration of the plan.
      (b) The President shall have a reorganization plan delivered to both
    Houses on the same day and to each House while it is in session, except
    that no more than three plans may be pending before the Congress at one
    time. In his message transmitting a reorganization plan, the President
    shall specify with respect to each abolition of a function included in
    the plan the statutory authority for the

      (c) Any time during the period of 60 calendar days of continuous
    session of Congress after the date on which the plan is transmitted to
    it, but before any resolution described in section 909 has been ordered
    reported in either House, the President may make amendments or
    modifications to the plan, consistent with sections 903-905 of this
    title, which modifications or revisions shall thereafter be treated as a
    part of the reorganization plan originally transmitted and shall not
    affect in any way the time limits otherwise provided for in this
    chapter. The President may withdraw the plan any time prior to the
    conclusion of 90 calendar days of continuous session of Congress
    following the date on which the plan is submitted to Congress.

                                      * * *

                         Sec. 905. limitations on powers

      (a) A reorganization plan may not provide for, and a reorganization
    under this chapter may not have the effect of--

              (1) creating a new executive department or renaming an

            existing executive department, abolishing or transferring an

            executive department or independent regulatory agency, or all

            the functions thereof, or consolidating two or more executive

    [[Page 1050]]

            departments or two

            or more independent regulatory agencies, or all the functions

            thereof;

              (2) continuing an agency beyond the period authorized by law

            for its existence or beyond the time when it would have

            terminated if the reorganization had not been made;

              (3) continuing a function beyond the period authorized by law

            for its exercise or beyond the time when it would have

            terminated if the reorganization had not been made;

              (4) authorizing an agency to exercise a function which is not

            expressly authorized by law at the time the plan is transmitted

            to Congress;

              (5) creating a new agency which is not a component or part of

            an existing executive department or independent agency;

              (6) increasing the term of an office beyond that provided by

            law for the office; or

              (7) dealing with more than one logically consistent subject

            matter.

      (b) A provision contained in a reorganization plan may take effect
    only if the plan in transmitted to Congress (in accordance with section
    903(b) of this chapter) on or before December 31, 1984.

        Sec. 906. effective date and publication of reorganization plans

      (a) Except as provided under subsection (c) of this section, a
    reorganization plan shall be effective upon approval by the President of
    a resolution (as defined in section 909) with respect to such plan, if
    such resolution is passed by the House of Representatives and the
    Senate, within the first period of 90 calendar days of continuous
    session of Congress after the date on which the plan is transmitted to
    Congress. Failure of either House to act upon such resolution by the end
    of such period shall be the same as disapproval of the resolution.

      (b) For the purpose of this chapter--

              (1) continuity of session is broken only by an adjournment of

            Congress sine die; and

              (2) 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 of any period of time in which

    [[Page 1051]]

            Congress is in continuous session.

      (c) Under provisions contained in a reorganization plan, any provision
    thereof may be effective at a time later than the date on which the plan
    otherwise is effective.

      (d) A reorganization plan which is effective shall be printed (1) in
    the Statutes at Large in the same volume as the public laws and (2) in
    the Federal Register.

    Sec. 908. rules of senate and house of representatives on reorganization
                                      * * *

                                      plans

      Sections 909 through 912 of this title are enacted by Congress--

              (1) as an exercise of the rulemaking power of the Senate and

            the House of Representatives, respectively, and as such they 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 resolutions with respect to any

            reorganization plans transmitted to Congress (in accordance with

            section 903(b) of this chapter) on or before December 31, 1984;

            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.

                          Sec. 909. terms of resolution

    [[Page 1052]]

      For the purpose of sections 908 through 912 of this title,
    ``resolution'' means only a joint resolution of the Congress, the matter
    after the resolving clause of which is as follows: ``That the ------
    Congress approves the reorganization plan numbered ------ transmitted to
    the Congress by the President on ------, 19--.'', and includes such
    modifications and revisions as submitted by the President under section
    903(c) of this chapter. The blank spaces therein are to be filled
    appropriately. The term does not include a resolution which specifies
    more than one reorganization plan.

               Sec. 910. introduction and reference of resolution

      (a) No later than the first day of session following the day on which
    a reorganization plan is transmitted to the House of Representatives and
    the Senate under section 903, a resolution, as defined in section 909,
    shall be introduced (by request) in the House by the chairman of the
    Committee on Government Reform of the House, or by a Member of Members
    of the House designated by such chairman; and shall be introduced (by
    request) in the Senate by the chairman of the Governmental Affairs
    Committee of the Senate, or by a Member or Members of the Senate
    designated by such chairman.

      (b) A resolution with respect to a reorganization plan shall be
    referred to the Committee on Governmental Affairs of the Senate and the
    Committee on Government Reform of the House (and all resolutions with
    respect to the same plan shall be referred to the same committee) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be. The committee shall make its recommendations to the
    House of Representatives or the Senate, respectively, within 75 calendar
    days of continuous session of Congress following the date of such
    resolution's introduction.

             Sec. 911. discharge of committee considering resolution

    Sec. 912. procedure after report or discharge of committee; debate; vote
      If the committee to which is referred a resolution introduced pursuant
    to subsection (a) of section 910 (or, in the absence of such a
    resolution, the first resolution introduced with respect to the same
    reorganization plan) has not reported such resolution or identical
    resolution at the end of 75 calendar days of continuous session of
    Congress after its introduction, such committee shall be deemed to be
    discharged from further consideration of such resolution and such
    resolution shall be placed on the appropriate calendar of the House
    involved.

                                on final passage

    [[Page 1053]]

    though a previous motion to the same effect has been disagreed to) for
    any Member of the respective House to move to proceed to the
    consideration of the resolution. The motion is highly privileged and is
    not debatable. The motion shall not be subject to amendment, or to a
    motion to postpone, or a motion to proceed to the consideration of other
    business. 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 resolution is agreed to, the resolution shall
    remain the unfinished business of the respective House until disposed
    of.
      (a) When the committee has reported, or has been deemed to be
    discharged (under section 911) from further consideration of, a
    resolution with respect to a reorganization plan, it is at any time
    thereafter in order (even

      (b) Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally between individuals favoring and
    individuals opposing the resolution. A motion further to 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 resolution is not in order. A motion to reconsider the
    vote by which the resolution is passed or rejected shall not be in
    order.

      (c) Immediately following the conclusion of the debate on the
    resolution with respect to a reorganization plan, and a single quorum
    call at the conclusion of the debate if requested in accordance with the
    rules of the appropriate House, the vote on final passage of the
    resolution shall occur.

      (d) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution with
    respect to a reorganization plan shall be decided without debate.

      (e) If, prior to the passage by one House of a resolution of that
    House, that House receives a resolution with respect to the same
    reorganization plan from the other House, then--

              (1) the procedure in that House shall be the same as if no

            resolution had been received from the other House; but

              (2) the vote on final passage shall be on the resolution of

            the other House.

    [[Page 1054]]

      Section 905(b) was amended by Public Law 98-614 to terminate the
    authority of the President to submit reorganization plans under this
    statute on December 31, 1984. These provisions are carried in this
    compilation because other Acts have incorporated their procedures by
    reference.

                                                                Sec. 1130(2)

          2. War Powers Resolution, Sec. Sec. 5-7 [50 U.S.C. 1544-1546]

      Sec. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be
    transmitted to the Speaker of the House of Representatives and to the
    President pro tempore of the Senate on the same calendar day. Each
    report so transmitted shall be referred to the Committee on
    International Relations of the House of Representatives and to the
    Committee on Foreign Relations of the Senate for appropriate action. If,
    when the report is transmitted, the Congress has adjourned sine die or
    has adjourned for any period in excess of three calendar days, the
    Speaker of the House of Representatives and the President pro tempore of
    the Senate, if they deem if advisable (or if petitioned by at least 30
    percent of the membership of their respective Houses) shall jointly
    request the President to convene Congress in order that it may consider
    the report and take appropriate action pursuant to this section.

      (b) Within sixty calendar days after a report is submitted or is
    required to be submitted pursuant to section 4(a)(1), whichever is
    earlier, the President shall terminate any use of United States Armed
    Forces with respect to which such report was submitted (or required to
    be submitted), unless the Congress (1) has declared war or has enacted a
    specific authorization for such use of United States Armed Forces, (2)
    has extended by law such sixty-day period, or (3) is physically unable
    to meet as a result of an armed attack upon the United States. Such
    sixty-day period shall be extended for not more than an additional
    thirty days if the President determines and certifies to the Congress in
    writing that unavoidable military necessity respecting the safety of
    United States Armed Forces requires the continued use of such armed
    forces in the course of bringing about a prompt removal of such forces.

      (c) Notwithstanding subsection (b), at any time that United States
    Armed Forces are engaged in hostilities outside the territory of the
    United States, its possessions and territories without a declaration of
    war or specific statutory authorization, such forces shall be removed by
    the President if the Congress so directs by concurrent resolution.

    [[Page 1055]]

      This section (and section 7, infra) should be read in light of INS v.
    Chadha, 462 U.S. 919 (1983).

      Sec. 6. (a) Any joint resolution or bill introduced pursuant to
    section 5(b) at least thirty calendar days before the expiration of the
    sixty-day period specified in such section shall be referred to the
    Committee on International Relations of the House of Representatives or
    the Committee on Foreign Relations of the Senate, as the case may be,
    and such committee shall report one such joint resolution or bill,
    together with its recommendations, not later than twenty-four calendar
    days before the expiration of the sixty-day period specified in such
    section, unless such House shall otherwise determine by the yeas and
    nays.

      (b) Any joint resolution or bill so reported shall become the pending
    business of the House in question (in the case of the Senate the time
    for debate shall be equally divided between the proponents and the
    opponents), and shall be voted on within three calendar days thereafter,
    unless such House shall otherwise determine by yeas and nays.

      (c) Such a joint resolution or bill passed by one House shall be
    referred to the committee of the other House named in subsection (a) and
    shall be reported out not later than fourteen calendar days before the
    expiration of the sixty-day period specified in section 5(b). The joint
    resolution or bill so reported shall become the pending business of the
    House in question and shall be voted on within three calendar days after
    it has been reported, unless such House shall otherwise determine by
    yeas and nays.

      (d) In the case of any disagreement between the two Houses of Congress
    with respect to a joint resolution or bill passed by both Houses,
    conferees shall be promptly appointed and the committee of conference
    shall make and file a report with respect to such resolution or bill not
    later than four calendar days before the expiration of the sixty-day
    period specified in section 5(b). In the event the conferees are unable
    to agree within 48 hours, they shall report back to their respective
    Houses in disagreement. Notwithstanding any rule in either House
    concerning the printing of conference reports in the Record or
    concerning any delay in the consideration of such reports, such report
    shall be acted on by both Houses not later than the expiration of such
    sixty-day period.

    [[Page 1056]]

    ommendations within fifteen calendar days, unless such House shall
    otherwise determine by the yeas and nays.
      Sec. 7. (a) Any concurrent resolution introduced pursuant to section
    5(c) shall be referred to the Committee on International Relations of
    the House of Representatives or the Committee on Foreign Relations of
    the Senate, as the case may be, and one such concurrent resolution shall
    be reported out by such committee together with its rec

      (b) Any concurrent resolution so reported shall become the pending
    business of the House in question (in the case of the Senate the time
    for debate shall be equally divided between the proponents and the
    opponents) and shall be voted on within three calendar days thereafter,
    unless such House shall otherwise determine by yeas and nays.

      (c) Such a concurrent resolution passed by one House shall be referred
    to the committee of the other House named in subsection (a) and shall be
    reported out by such committee together with its recommendations within
    fifteen calendar days and shall thereupon become the pending business of
    such House and shall be voted upon within three calendar days, unless
    such House shall otherwise determine by yeas and nays.

      (d) In the case of any disagreement between the two Houses of Congress
    with respect to a concurrent resolution passed by both Houses, conferees
    shall be promptly appointed and the committee of conference shall make
    and file a report with respect to such concurrent resolution within six
    calendar days after the legislation is referred to the committee of
    conference. Notwithstanding any rule in either House concerning the
    printing of conference reports in the Record or concerning any delay in
    the consideration of such reports, such report shall be acted on by both
    Houses not later than six calendar days after the conference report is
    filed. In the event the conferees are unable to agree within 48 hours,
    they shall report back to their respective Houses in disagreement.

      In the 94th Congress the President was granted authority to implement
    a ``Sinai early-warning system'' involving the assignment of civilian
    personnel to noncombat functions. In the same enactment, Congress
    provided for privileged consideration of a concurrent resolution calling
    for the removal of such personnel (see 22 U.S.C. 2348 note).

    [[Page 1057]]

    of a joint resolution or bill to amend or repeal its provisions (P.L.
    98-119, Sept. 29, 1983, p. 26493).
      In the 98th Congress the Committee on Foreign Affairs reported a joint
    resolution providing statutory authorization under the War Powers
    Resolution for a multinational peacekeeping force in Lebanon. The joint
    resolution would have been subject to consideration under the procedural
    provisions of the statute, but the House adopted a special order
    reported from the Committee on Rules varying the procedures for
    consideration of the joint resolution and also providing for
    consideration of a similar Senate joint resolution (H. Res. 318, Sept.
    28, 1983, p. 26108). The House subsequently passed a Senate joint
    resolution on the subject that changed the rules of the House and Senate
    to provide special procedures for consideration

      In the 98th Congress the Act was amended to provide for expedited
    consideration in the Senate of bills or joint resolutions requiring the
    removal of U.S. forces engaged in hostilities outside U.S. territory
    without a declaration of war (P.L. 98-164, Nov. 22, 1983). Those
    procedures appear in section 601(b) of the International Security
    Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat.
    765).

      In the 102d Congress the President was granted specific authority
    within the meaning of section 5(b) of the Act to use U.S. armed forces
    to enforce United Nations resolutions in response to the occupation of
    Kuwait by Iraq (P.L. 102-1, Jan. 14, 1991).

      In the 103d Congress the Committee on Foreign Affairs reported H. Con.
    Res. 170, directing the President pursuant to 5(c) of the Act to remove
    United States Armed Forces from Somalia by January 31, 1994. By
    unanimous consent the House extended by one day the time for privileged
    consideration of that concurrent resolution under section 7(b) (Nov. 4,
    1993, p. 27393).

      In the 105th Congress the Committee on International Relations
    reported H. Con. Res. 227, directing the President pursuant to section
    5(c) of the Act to remove United States Armed Forces from the Republic
    of Bosnia and Herzegovina. By unanimous consent the House postponed
    consideration of the concurrent resolution until a subsequent date
    certain and provided for its consideration under a ``closed'' procedure
    (Mar. 12, 1998, p. ----).

      In the 106th Congress the Committee on International Relations
    reported H. Con. Res. 82, directing the President pursuant to section
    5(c) of the Act to remove United States Armed Forces from their
    positions in connection with the operations against the Federal Republic
    of Yugoslavia, and H. J. Res. 44, pursuant to section 5(b) of the Act
    and article I, section 8 of the Constitution, declaring a state of war
    between the United States and the Government of the Federal Republic of
    Yugoslavia. The House adopted a special order reported from the
    Committee on Rules varying the statutory procedures for consideration of
    both the concurrent resolution and the joint resolution (H. Res. 151,
    Apr. 28, 1999, p. ----).

                                                                Sec. 1130(3)

                  3. National Emergencies Act [50 U.S.C. 1601]

               title i--terminating existing declared emergencies

    [[Page 1058]]

    are terminated two years from the date of such enactment. Such
    termination shall not affect--
      Sec. 101. (a) All powers and authorities possessed by the President,
    any other officer or employee of the Federal Government, or any
    executive agency, as defined in section 105 of title 5, United States
    Code, as a result of the existence of any declaration of national
    emergency in effect on the date of enactment of this Act [Sept. 14,
    1976]

              (1) any action taken or proceeding pending not finally

            concluded or determined on such date;

              (2) any action or proceeding based on any act committed prior

            to such date; or

              (3) any rights or duties that matured or penalties that were

            incurred prior to such date.

      (b) For the purpose of this section, the words ``any national
    emergency in effect'' means a general declaration of emergency made by
    the President.

              title ii--declarations of future national emergencies

      Sec. 201. (a) With respect to Acts of Congress authorizing the
    exercise, during the period of a national emergency, of any special or
    extraordinary power, the President is authorized to declare such
    national emergency. Such proclamation shall immediately be transmitted
    to the Congress and published in the Federal Register.

      (b) Any provisions of law conferring powers and authorities to be
    exercised during a national emergency shall be effective and remain in
    effect (1) only when the President (in accordance with subsection (a) of
    this section), specifically declares a national emergency, and (2) only
    in accordance with this Act. No law enacted after the date of enactment
    of this Act shall supersede this title unless it does so in specific
    terms, referring to this title, and declaring that the new law
    supersedes the provisions of this title.

      Sec. 202. (a) Any national emergency declared by the President in
    accordance with this title shall terminate if--

              (1) there is enacted into law a joint resolution terminating

            the emergency; or

              (2) the President issues a proclamation terminating the

    [[Page 1059]]

            emergency.
    Any national emergency declared by the President shall be terminated on
    the date specified in any joint resolution referred to in clause (1) or
    on the date specified in a proclamation by the President terminating the
    emergency as provided in clause (2) of this subsection, whichever date
    is earlier, and any powers or authorities exercised by reason of said
    emergency shall cease to be exercised after such specified date, except
    that such termination shall not affect--

              (A) any action taken or proceeding pending not finally

            concluded or determined on such date;

              (B) any action or proceeding based on any act committed prior

            to such date; or

              (C) any rights or duties that matured or penalties that were

            incurred prior to such date.

      (b) Not later than six months after a national emergency is declared,
    and not later than the end of each six-month period thereafter that such
    emergency continues, each House of Congress shall meet to consider a
    vote on a joint resolution to determine whether that emergency shall be
    terminated.

      (c)(1) A joint resolution to terminate a national emergency delared by
    the President shall be referred to the appropriate committee of the
    House of Representatives or the Senate, as the case may be. One such
    joint resolution shall be reported out by such committee together with
    its recommendations within fifteen calendar days after the day on which
    such resolution is referred to such committee, unless such House shall
    otherwise determine by the yeas and nays.

      (2) Any joint resolution so reported shall become the pending business
    of the House in question (in the case of the Senate the time for debate
    shall be equally divided between the proponents and the opponents) and
    shall be voted on within three calendar days after the day on which such
    resolution is reported, unless such House shall otherwise determine by
    yeas and nays.

      (3) Such a joint resolution passed by one House shall be referred to
    the appropriate committee of the other House and shall be reported out
    by such committee together within its recommendations within fifteen
    calendar days after the day on which such resolution is referred to such
    committee and shall thereupon become the pending business of such House
    and shall be voted upon within three calendar days after the day on
    which such resolution is reported, unless such House shall otherwise
    determine by yeas and nays.

    [[Page 1060]]

    printing of conference reports or concerning any delay in the
    consideration of such reports, such report shall be acted on by both
    Houses not later than six calendar days after the conference report is
    filed in the House in which such report is filed first. In the event the
    conferees are unable to agree within forty-eight hours, they shall
    report back to their respective Houses in disagreement.
      (4) In the case of any disagreement between the two Houses of Congress
    with respect to a joint resolution passed by both Houses, conferees
    shall be promptly appointed and the committee of conference shall make
    and file a report with respect to such joint resolution within six
    calendar days after the day on which managers on the part of the Senate
    and the House have been appointed. Notwithstanding any rule in either
    House concerning the

      (5) Paragraphs (1)-(4) of this subsection (b) of this section, and
    section 502(b) of this Act are enacted by Congress--

              (A) as an exercise of the rulemaking power of the Senate and

            the House of Representatives, respectively, and as such they are

            deemed a part of the rules of each House, respectively, but

            applicable only with respect to the procedure to be followed in

            the House in the case of resolutions described by this

            subsection; 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.

      (d) Any national emergency declared by the President in accordance
    with this title, and not otherwise previously terminated, shall
    terminate on the anniversary of the declaration of that emergency if,
    within the ninety-day period prior to each anniversary date, the
    President does not publish in the Federal Register and transmit to the
    Congress a notice stating that such emergency is to continue in effect
    after such anniversary.

                                                                Sec. 1130(4)

         4. International Emergency Economic Powers Act [50 U.S.C. 1701]

      Sec. 203. (a)(1) At the times and to the extent specified in section
    202, the President may, under such regulations as he may prescribe, by
    means of instructions, licenses, or otherwise--

              (A) investigate, regulate, or prohibit--

                      (i) any transactions in foreign exchange,

                      (ii) transfers of credit or payments between, by,

                    through, or to any banking institution, to the extent

                    that such transfers or payments involve any interest of

    [[Page 1061]]

                    any foreign country or a national thereof,

                      (iii) the importing or exporting of currency or

                    securities,

            by any person, or with respect to any property, subject to the

            jurisdiction of the United States;

              (B) investigate, block during the pendency of an

            investigation, regulate, direct and compel, nullify,

            void, prevent or prohibit, any acquisition, holding,

            withholding, use, transfer, withdrawal, transportation,

            importation or exportation of, or dealing in, or exercising any

            right, power, or privilege with respect to, or transactions

            involving, any property in which any foreign country or a

            national thereof has any interest by any person, or with

            respect to any property, subject to the jurisdiction of the

            United States; and

              (C) when the United States is engaged in armed hostilities or

            has been attacked by a foreign country or foreign nationals,

            confiscate any property, subject to the jurisdiction of the

            United States, of any foreign person, foreign organization, or

            foreign country that he determines has planned, authorized,

            aided, or engaged in such hostilities or attacks against the

            United States; and all right, title, and interest in any

            property so confiscated shall vest, when, as, and upon the terms

            directed by the President, in such agency or person as the

            President may designate from time to time, and upon such terms

            and conditions as the President may prescribe, such interest or

            property shall be held, used, administered, liquidated, sold, or

            otherwise dealt with in the interest of and for the benefit of

            the United States, and such designated agency or person may

            perform any and all acts incident to the accomplishment or

            furtherance of these purposes.

                                      * * *

    [[Page 1062]]

      Sec. 207. * * * (b) The authorities described in subsection (a)(1) may
    not continue to be exercised under this section if the national
    emergency is terminated by the Congress by concurrent resolution
    pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622]
    and if the Congress specifies in such concurrent resolution that such
    authorities may not continue to be exercised under this section.

    5. District of Columbia Home Rule Act, Sec. Sec. 303(b), 602(c), and 604

                                                                Sec. 1130(5)

      Sec. 303. * * * (b) An amendment to the charter ratified by the
    registered electors shall take effect upon the expiration of the 35-
    calendar-day period (excluding Saturdays, Sundays, holidays, and days on
    which either House of Congress is not in session) following the date
    such amendment was submitted to the Congress, or upon the date
    prescribed by such amendment to the Congress, or upon the date
    prescribed by such amendment, whichever is later, unless during such 35-
    day period, there has been enacted into law a joint resolution, in
    accordance with the procedures specified in section 604 of this Act,
    disapproving such amendment. In any case in which any such joint
    resolution disapproving such an amendment has, within such 35-day
    period, passed both Houses of Congress and has been transmitted to the
    President, such resolution, upon becoming law subsequent to the
    expiration of such 35-day period, shall be deemed to have repealed such
    amendment, as of the date such resolution becomes law.

    [[Page 1063]]

    of an adjournment sine die, a recess of more than three days, or an
    adjournment of more than three days) beginning on the day such act is
    transmitted by the Chairman to the Speaker of the House of
    Representatives and the President of the Senate, or upon the date
    prescribed by such act, whichever is later, unless during such 30-day
    period, there has been enacted into law a joint resolution disapproving
    such act. In any case in which any such joint resolution disapproving
    such an act has, within such 30-day period, passed both Houses of
    Congress and has been transmitted to the President, such resolution,
    upon becoming law, subsequent to the expiration of such 30-day period,
    shall be deemed to have repealed such act, as of the date such
    resolution becomes law. The provisions of section 604, except
    subsections (d), (e), and (f) of such section, shall apply with respect
    to any joint resolution disapproving any act pursuant to this paragraph.
      Sec. 602. * * * (c)(1) Except acts of the Council which are submitted
    to the President in accordance with the Budget and Accounting Act, 1921,
    any act which the Council determines according to section 412(a), should
    take effect immediately because of emergency circumstances, and acts
    proposing amendments to title IV of this Act, and except as provided in
    section 462(c) [relative to general obligation bonds] and section
    472(d)(1) [relative to borrowing in anticipation of revenues], the
    Chairman of the Council shall transmit to the Speaker of the House of
    Representatives, and the President of the Senate a copy of each act
    passed by the Council and signed by the Mayor, or vetoed by the Mayor
    and repassed by two-thirds of the Council present and voting, each act
    passed by the Council and allowed to become effective by the Mayor
    without his signature, and each initiated act and act subject to
    referendum which has been ratified by a majority of the registered
    qualified electors voting on the initiative or referendum. Except as
    provided in paragraph (2), such act shall take effect upon the
    expiration of the 30-calendar-day period (excluding Saturdays, Sundays,
    and holidays, and any day on which neither House is in session because

      (2) In the case of any such Act transmitted by the Chairman with
    respect to any Act codified in title 22, 23, or 24 of the District of
    Columbia Code, such act shall take effect at the end of the 60-day
    period beginning on the day such act is transmitted by the Chairman to
    the Speaker of the House of Representatives and the President of the
    Senate unless, during such 60-day period, there has been enacted into
    law a joint resolution disapproving such act. In any case in which any
    such joint resolution disapproving such an act has, within such 60-day
    period, passed both Houses of Congress and has been transmitted to the
    President, such resolution, upon becoming law subsequent to the
    expiration of such 60-day period shall be deemed to have repealed such
    act, as of the date such resolution becomes law. The provisions of
    section 604, relating to an expedited procedure for consideration of
    joint resolutions, shall apply to a joint resolution disapproving such
    act as specified in this paragraph.

      (3) The Council shall submit with each Act transmitted under this
    subsection an estimate of the costs which will be incurred by the
    District of Columbia as a result of the enactment of the Act in each of
    the first 4 fiscal years for which the Act is in effect, together with a
    statement of the basis for such estimate.

                congressional action on certain district matters

    [[Page 1064]]

      Sec. 604. (a) This section is enacted by Congress--

              (1) as an exercise of the rulemaking power of the Senate and

            the House of Representatives, respectively, and as such these

            provisions are deemed a part of the rule of each House,

            respectively, but applicable only with respect to the procedure

            to be followed in that House in the case of resolutions

            described by this section; 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 rule (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) For the purpose of this section, ``resolution'' means only a joint
    resolution, the matter after the resolving clause of which is as
    follows: ``That the ------ approves/disapproves of the action of the
    District of Columbia Council described as follows: ------.'', the blank
    spaces therein being appropriately filled, and either approval or
    disapproval being appropriately indicated; but does not include a
    resolution which specifies more than one action.

      (c) A resolution with respect to Council action shall be referred to
    the Committee on Government Reform of the House of Representatives, or
    the Committee on the District of Columbia of the Senate, by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.

      (d) If the committee to which a resolution has been referred has not
    reported it at the end of twenty calendar days after its introduction,
    it is in order to move to discharge the committee from further
    consideration of any other resolution with respect to the same Council
    action which has been referred to the committee.

      (e) A motion to discharge may be made only by an individual favoring
    the resolution, is highly privileged (except that it may not be made
    after the committee has reported a resolution with respect to the same
    action), and debate thereon shall be limited to not more than one hour,
    to be divided equally between those favoring and those opposing the
    resolution. 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.

    [[Page 1065]]

      (f) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same action.

      (g) When the committee has reported, or has been discharged from
    further consideration of, a resolution, it is at any time thereafter in
    order (even though a previous motion to the same effect has been
    disagreed to) to move to proceed to the consideration of the resolution.
    The motion is highly privileged and is not debatable. 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.

      (h) Debate on the resolution shall be limited to not more than ten
    hours, which shall be divided equally between those favoring and those
    opposing the resolution. A motion further to limit debate is not
    debatable. An amendment to, or motion to recommit, the resolution is not
    in order, and it is not in order to move to reconsider the vote by which
    the resolution is agreed to or disagreed to.

      (i) Motions to postpone made with respect to the discharge from
    committee or the consideration of a resolution, and motions to proceed
    to the consideration of other business, shall be decided without debate.

      (j) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives
    as the case may be, to the procedure relating to a resolution shall be
    decided without debate.

      It is not in order to offer as privileged a motion to discharge the
    Committee on the District of Columbia (now Government Reform) from a
    simple (now joint) resolution disapproving an act passed by the D.C.
    City Council prior to the time that the Council was vested with the
    authority to pass the category of act to which the simple resolution
    disapproval procedure applies (Speaker Albert, Sept. 22, 1976, pp.
    31873-74). The D.C. City Council subsequently having been vested with
    that authority, a motion to discharge the Committee on the District of
    Columbia (now Government Reform) from further consideration of a (joint)
    resolution disapproving an act of the Council amending the D.C. Criminal
    Code is privileged after 20 calendar days from introduction of the
    resolution, if not reported during that time (Oct. 1, 1981, p. 22752;
    Oct. 14, 1987, p. 27847).

    [[Page 1066]]

      Section 604 does not provide a privileged motion to discharge the
    District of Columbia Committee from a concurrent (now joint) resolution
    disapproving acts of the D.C. City Council not affecting the D.C.
    Criminal Code, such concurrent resolutions only being privileged when
    reported by that committee (Speaker Albert, Sept. 22, 1976, pp. 31873-
    74). Under section 604(h), debate on a concurrent (now joint) resolution
    of disapproval can be limited by motion, but otherwise extends not to
    exceed 10 hours; a concurrent (now joint) resolution disapproving an
    action of the D.C. Council which does not affect the U.S. Treasury is
    considered in the House (Dec. 20, 1979, p. 7303).

     6. Title X of the Congressional Budget and Impoundment Control Act of
                                                               Sec. 1130(6A)

                                      1974

               a. impoundment control, Sec. Sec. 1011-13 and 1017

                            [2 U.S.C. 682-84 and 688]

                                   definitions

      Sec. 1011. For purposes of this part--

              (1) ``deferral of budget authority'' includes--

                      (A) withholding or delaying the obligation or

                    expenditure of budget authority (whether by establishing

                    reserves or otherwise) provided for projects or

                    activities; or

                      (B) any other type of Executive action or inaction

                    which effectively precludes the obligation or

                    expenditure of budget authority, including authority to

                    obligate by contract in advance of appropriations as

                    specifically authorized by law;

              (2) ``Comptroller General'' means the Comptroller General of

            the United States;

              (3) ``rescission bill'' means a bill or joint resolution which

            only rescinds, in whole or in part, budget authority proposed to

            be rescinded in a special message transmitted by the President

            under section 1012, and upon which the Congress completes action

            before the end of the first period of 45 calendar days of

            continuous session of the Congress after the date on which the

            President's message is received by the Congress;

              (4) ``impoundment resolution'' means a resolution of the House

            of Representatives or the Senate which only expresses its

            disapproval of a proposed deferral of budget authority set forth

            in a special message transmitted by the President under section

            1013; and

              (5) continuity of a session of the Congress shall be

            considered as 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 3 days to a day certain

            shall be excluded in the computation of the 45-day period

            referred to in paragraph (3) of this section and in section

            1012, and the 25-day periods referred to in sections 1016 and

            1017(b)(1). If a special message is transmitted under section

    [[Page 1067]]

            1012 during any Congress and the last session

            of such Congress adjourns sine die before the expiration of 45

            calendar days of continuous session (or a special message is so

            transmitted after the last session of the Congress adjourns sine

            die), the message shall be deemed to have been retransmitted on

            the first day of the succeeding Congress and the 45-day period

            referred to in paragraph (3) of this section and in section 1012

            (with respect to such message) shall commence on the day after

            such first day.

                         rescission of budget authority

      Sec. 1012. (a) transmittal of special message.--Whenever the President
    determines that all or part of any budget authority will not be required
    to carry out the full objectives or scope of programs for which it is
    provided or that such budget authority should be rescinded for fiscal
    policy or other reasons (including the termination of authorized
    projects or activities for which budget authority has been provided), or
    whenever all or part of budget authority provided for only one fiscal
    year is to be reserved from obligation for such fiscal year, the
    President shall transmit to both Houses of Congress a special message
    specifying--

              (1) the amount of budget authority which he proposes to be

            rescinded or which is to be so reserved;

              (2) any account, department, or establishment of the

            Government to which such budget authority is available for

            obligation, and the specific project or governmental functions

            involved;

              (3) the reasons why the budget authority should be rescinded

            or is to be so reserved;

              (4) to the maximum extent practicable, the estimated fiscal,

            economic, and budgetary effect of the proposed rescission or of

            the reservation; and

              (5) all facts, circumstances, and considerations relating to

            or bearing upon the proposed rescission or the reservation and

            the decision to effect the proposed rescission or the

            reservation, and to the maximum extent practicable, the

            estimated effect of the proposed rescission or the reservation

            upon the objects, purposes, and programs for which the budget

            authority is provided.

    [[Page 1068]]

    sage shall be made available for obligation unless, within the
    prescribed 45-day period, the Congress has completed action on a
    rescission bill rescinding all or part of the amount proposed to be
    rescinded or that is to be reserved. Funds made available for obligation
    under this procedure may not be proposed for rescission again.

      (b) requirement to make available for obligation.--Any amount of
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in such special mes

                     proposed deferrals of budget authority

      Sec. 1013. (a) transmittal of special message.--Whenever the
    President, the Director of the Office of Management and Budget, the head
    of any department or agency of the United States, or any officer or
    employee of the United States proposes to defer any budget authority
    provided for a specific purpose or project, the President shall transmit
    to the House of Representatives and the Senate a special message
    specifying--

              (1) The amount of the budget authority proposed to be

            deferred;

              (2) any account, department, or establishment of the

            Government to which such budget authority is available for

            obligation, and the specific projects or governmental functions

            involved;

              (3) the period of time during which the budget authority is

            proposed to be deferred;

              (4) the reasons for the proposed deferral, including any legal

            authority invoked to justify the proposed deferral;

              (5) to the maximum extent practicable, the estimated fiscal,

            economic, and budgetary effect of the proposed deferral; and

              (6) all facts, circumstances, and considerations relating to

            or bearing upon the proposed deferral and the decision to effect

            the proposed deferral, including an analysis of such facts,

            circumstances, and considerations in terms of their application

            to any legal authority, including specific elements of legal

            authority, invoked to justify such proposed deferral, and to the

            maximum extent practicable, the estimated effect of the proposed

            deferral upon the objects, purposes, and programs for which the

    [[Page 1069]]

            budget authority is provided.
    A special message may include one or more proposed deferrals of budget
    authority. A deferral may not be proposed for any period of time
    extending beyond the end of the fiscal year in which the special message
    proposing the deferral is transmitted to the House and the Senate.

      (b) consistency with legislative policy.--Deferrals shall be
    permissible only--

              (1) to provide for contingencies;

              (2) to achieve savings made possible by or through changes in

            requirements or greater efficiency of operations; or

              (3) as specifically provided by law.
    No officer or employee of the United States may defer any budget
    authority for any other purpose.

      (c) exception.--The provisions of this section do not apply to any
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in a special message required to be transmitted under section
    1012.

                                      * * *

                          procedure in house and senate

      Sec. 1017. (a) referral.--Any rescission bill introduced with respect
    to a special message or impoundment resolution introduced with respect
    to a proposed deferral of budget authority shall be referred to the
    appropriate committee of the House of Representatives or the Senate, as
    the case may be.

      (b) discharge of committee.--(1) If the committee of which a
    rescission bill or impoundment resolution has been referred has not
    reported it at the end of 25 calendar days of continuous session of the
    Congress after its introduction, it is in order to move either to
    discharge the committee from further consideration of the bill or
    resolution or to discharge the committee from further consideration of
    any other rescission bill with respect to the same special message or
    impoundment resolution with respect to the same proposed deferral, as
    the case may be, which has been referred to the committee.

    [[Page 1070]]

    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.
      (2) A motion to discharge may be made only by an individual favoring
    the bill or resolution, may be made only if supported by one-fifth of
    the Members of the House involved (a quorum being present), and is
    highly privileged in the House and privileged in the Senate (except that
    it may not be made after the committee has reported a bill or resolution
    with respect to the same special message or the same proposed deferral,
    as the case may be); 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 bill or resolution, and to be divided in
    the Senate equally between, and controlled by,

      (c) floor consideration in the house.--(1) When the committee of the
    House of Representatives has reported, or has been discharged from
    further consideration of, a rescission bill or impoundment resolution,
    it shall at any time thereafter be in order (even though a previous
    motion to the same effect has been disagreed to) to move to proceed to
    the consideration of the bill or resolution. The motion 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 on a rescission bill or impoundment resolution shall be
    limited to not more than 2 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. In the case of an
    impoundment resolution, 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 rescission bill or impoundment resolution
    is agreed to or disagreed to.

      (3) Motions to postpone, made with respect to the consideration of a
    rescission bill or impoundment 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 any rescission bill or impoundment resolution
    shall be decided without debate.

      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of any rescission bill or
    impoundment resolution and amendments thereto (or any conference report
    thereon) shall be governed by the Rules of the House of Representatives
    applicable to other bills and resolutions, amendments, and conference
    reports in similar circumstances.

    [[Page 1071]]

    the majority leader and the minority leader or their designees.
      (d) floor consideration in the senate.--(1) Debate in the Senate on
    any rescission bill or impoundment resolution, and all amendments
    thereto (in the case of a rescission bill) and 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,

      (2) Debate in the Senate on any amendment to a rescission bill shall
    be limited to 2 hours, to be equally divided between, and controlled by,
    the mover and the manager of the bill. Debate on any amendment to an
    amendment, to such a bill, and debate on any debatable motion or appeal
    in connection with such a bill or an impoundment resolution shall be
    limited to 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
    amendment, motion, or appeal, the time in opposition thereto, shall be
    controlled by the minority leader or his designee. No amendment that is
    not germane to the provisions of a rescission bill shall be received.
    Such leaders, or either of them, may, from the time under their control
    on the passage of a rescission bill or impoundment resolution, allot
    additional time to any Senator during the consideration of any
    amendment, debatable motion, or appeal.

      (3) A motion to further limit debate is not debatable. In the case of
    a rescission bill, a motion to recommit (except a motion to recommit
    with instructions to report back within a specified number of days, not
    to exceed 3, not counting any day on which the Senate is not in session)
    is not in order. Debate on any such motion to recommit shall be limited
    to one hour, to be equally divided between, and controlled by, the mover
    and the manager of the concurrent resolution. In the case of an
    impoundment resolution, no amendment or motion to recommit is in order.

      (4) The conference report on any rescission bill shall be in order in
    the Senate at any time after the third day (excluding Saturdays,
    Sundays, and legal holidays) following the day on which such a
    conference report is reported and is available to Members of the Senate.
    A motion to proceed to the consideration of the conference report may be
    made even though a previous motion to the same effect has been disagreed
    to.

    [[Page 1072]]

    utes, to be equally divided between, and controlled by, the mover and
    the manager of the conference report.
      (5) During the consideration in the Senate of the conference report on
    any rescission bill, debate shall be limited to 2 hours, to be equally
    divided between, and controlled by, the majority leader and minority
    leader or their designees. Debate on any debatable motion or appeal
    related to the conference report shall be limited to 30 min

      (6) Should the conference report be defeated, debate on any request
    for a new conference and the appointment of conferees shall be limited
    to one hour, to be equally divided, between, and controlled by, the
    manager of the conference report and the minority leader or his
    designee, and should any motion be made to instruct the conferees before
    the conferees are named, debate on such motion shall be limited to 30
    minutes, to be equally divided between, and controlled by, the mover and
    the manager of the conference report. Debate on any amendment to any
    such instructions shall be limited to 20 minutes, to be equally divided
    between, and controlled by the mover and the manager of the conference
    report. In all cases when the manager of the conference report is in
    favor of any motion, appeal, or amendment, the time in opposition shall
    be under the control of the minority leader or his designee.

      (7) 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 that is not germane to the
    provisions of such amendments shall be received.

      The privileged status given in section 1017(c)(1) to rescission bills
    within the 45-day period prescribed in section 1011 applies only to the
    initial consideration of the bill in the House, and consideration of a
    conference report on any bill containing rescissions of budget authority
    is subject only to the general rules of the House relating to conference
    reports and is not prevented by the expiration of the 45-day period
    following the initial consideration of the bill in the House (Speaker
    Albert, Mar. 25, 1975, pp. 8484-85).

                                                               Sec. 1130(6B)

                 b. line item veto authority, Sec. Sec. 1021-27

                               [2 U.S.C. 691-91f]

                            line item veto authority

    [[Page 1073]]

    147), new direct spending (H. Doc. 105-115), and limited tax benefits
    (H. Doc. 105-116). Cancellations were effective unless disapproved by
    law (P.L. 105-159). While the congressional review procedures remain in
    the law, the Court decision makes it unlikely that they will be invoked.
    Accordingly their text is omitted here but may be found in pp. 1029-45
    of the House Rules and Manual for the 105th Congress. The procedures may
    be summarized as follows: The cancellations were transmitted to the
    Congress by the President by a special message within five calendar days
    after the enactment of the law to which the cancellation applied. The
    Act provided for a congressional review period of 30 calendar days of
    session with expedited House consideration of bills disapproving the
    cancellations including: (1) prescribing the text (section 1026(6)); (2)
    referral to committee with directions to report within seven calendar
    days subject to a motion to discharge (section 1025(d)); (3)
    consideration of a disapproval bill in the Committee of the Whole with
    no amendment in order (except that a Member, supported by 49 other
    Members, could offer an amendment striking cancellations from the bill),
    and consideration of the bill for amendment limited to one hour (section
    1025(d)); and (4) one-calendar-day availability for a conference report
    (section 1025(f)). The Act also provided for expedited procedures in the
    Senate, and was to have no force or effect after January 1,
    2005.
      In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme Court
    held that the cancellation procedures of the Line Item Veto Act violated
    the presentment clause of article I, section 7 of the Constitution.
    During the period between the January 1, 1997, effective date of the Act
    and the Court decision, the President exercised his authority under the
    Act to cancel dollar amounts of discretionary budget authority (see
    e.g., H. Doc. 105-

                                                                Sec. 1130(7)

        7. Foreign Spent Nuclear Fuel [Department of Energy Act of 1978--

               Civilian Applications, Sec. 107 (22 U.S.C. 3224a)]

    [[Page 1074]]

    thereof, as soon as possible) unless the President formally notifies,
    with the report information specified herein, the Committee on Energy
    and Natural Resources of the Senate and the Committee on Science of the
    House of Representatives of such use of funds thirty calendar days,
    during such time as either House of Congress is in session, before the
    commitment, expenditure, or obligation of such funds: And provided
    further, That, notwithstanding any other provision of law, that none of
    the funds appropriated pursuant to this Act or any other funds made
    available to the Secretary of Energy under any other authorization or
    appropriation Act shall be used, directly or indirectly, for the
    repurchase, transportation, or storage of any such foreign spent nuclear
    fuel for storage or other disposition, interim or permanent, in the
    United States, unless the use of the funds for that specific purpose has
    been (1) previously and expressly authorized by Congress in legislation
    hereafter enacted, (2) previously and expressly authorized by a
    concurrent resolution, or (3) the President submits a plan for such use,
    with the report information specified herein, thirty days during which
    the Congress is in continuous session, as defined in the Impoundment
    Control Act of 1974, prior to such use and neither House of Congress
    approves a resolution of disapproval of the plan prior to the expiration
    of the aforementioned thirty-day period. If such a resolution of
    disapproval has been introduced, but has not been reported by the
    Committee on or before the twentieth day after transmission of the
    presidential message, a privileged motion shall be in order in the
    respective body to discharge the Committee from further consideration of
    the resolution and to provide for its immediate consideration, using the
    procedures specified for consideration of an impoundment resolution in
    section 1017 of the Impoundment Control Act of 1974 (2 U.S.C. 688).

      Sec. 107. * * * Provided, That notwithstanding any other provision of
    law, that none of the funds made available to the Secretary of Energy
    under any other authorization or appropriation Act shall be used,
    directly or indirectly, for the repurchase, transportation or storage of
    any foreign spent nuclear fuel (including any nuclear fuel irradiated in
    any nuclear power reactor located outside of the United States and
    operated by any foreign legal entity, government or nongovernment,
    regardless of the legal ownership or control of the fuel or the reactor,
    and regardless of the origin or licensing of the fuel or the reactor,
    but not including fuel irradiated in a research reactor, and not
    including fuel irradiated in a power reactor if the President determines
    that (1) use of funds for repurchase, transportation or storage of such
    fuel is required by an emergency situation, (2) it is in the interest of
    the common defense and security of the United States to take such
    action, and (3) he notifies the Congress of the determination and
    action, with a detailed explanation and justification

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).

                                                                Sec. 1130(8)

             8. Pension Reform Act, Sec. 4006(b) [29 U.S.C. 1306(b)]

    [[Page 1075]]

    posed effective date, and the reasons for its proposal to the Committee
    on Ways and Means and the Committee on Economic and Educational
    Opportunities of the House of Representatives, and to the Committee on
    Finance and the Committee on Labor and Human Resources of the Senate.
      Sec. 4006. revised coverage schedules-- * * * (b)(1) In order to place
    a revised schedule (other than a schedule described in subsection (a)(2)
    (C), (D), or (E) in effect, the corporation shall transmit the proposed
    schedule, its pro

      (2) The succeeding paragraphs of this subsection are enacted by
    Congress as an exercise of the rulemaking power of the Senate and the
    House of Representatives, respectively, and as such they shall be 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 resolutions described in paragraph (3). They shall supersede other
    rules only to the extent that they are inconsistent therewith. They are
    enacted 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 rule of that House.

      (3) For the purpose of the succeeding paragraphs of this subsection,
    ``resolution'' means only a joint resolution, the matter after the
    resolving clause of which is as follows: ``The proposed revised schedule
    transmitted to Congress by the Pension Benefit Guaranty Corporation on
    ------ is hereby approved.'', the blank space therein being filled with
    the date on which the corporation's message proposing the rate was
    delivered.

      (4) A resolution shall be referred to the Committee on Ways and Means
    and the Committee on Economic and Educational Opportunities of the House
    of Representatives and to the Committee on Finance and the Committee on
    Labor and Human Resources of the Senate.

    [[Page 1076]]

    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. If the motion to discharge is agreed to or disagreed to,
    the motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same proposed rate.
      (5) If a committee to which has been referred a resolution has not
    reported it before the expiration of 10 calendar days after its
    introduction, it shall then (but not before) be in order to move to
    discharge the committee from further consideration of that resolution,
    or to discharge the committee from further consideration of any other
    resolution with respect to the proposed adjustment which has been
    referred to the committee. The motion to discharge may be made only by a
    person favoring the resolution, shall be highly privileged (except that
    it may not be made after the committee has reported a resolution with
    respect to the same proposed rate), and debate thereon shall be limited
    to not more than 1 hour, to be divided equally between those favoring
    and those opposing the resolution.

      (6) When a committee has reported, or has been discharged from further
    consideration of a resolution, it is at any time thereafter in order
    (even though a previous motion to the same effect has been disagreed to)
    to move to proceed to the consideration of the resolution. The motion is
    highly privileged and is not debatable. 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. Debate on the resolution
    shall be limited to not more than 10 hours, which shall be divided
    equally between those favoring and those opposing the resolution. A
    motion further to limit debate is not debatable. An amendment to, or
    motion to recommit, the resolution is not in order, and it is not in
    order to move to reconsider the vote by which the resolution is agreed
    to or disagreed to.

      (7) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of, a resolution and motions to proceed
    to the consideration of other business shall be decided without debate.
    Appeals from the decisions of the Chair relating to the application of
    the rules of the Senate or the House of Representatives, as the case may
    be, to the procedure relating to a resolution shall be decided without
    debate.

      By unanimous consent a concurrent resolution approving a revised
    coverage schedule proposed by the Pension Benefit Guaranty Corporation
    was considered in the House as in Committee of the Whole (Nov. 2, 1977,
    pp. 36644-46).

                                                                Sec. 1130(9)

      9. Multiemployer Guarantees, Revised Schedules [Employee Retirement

           Income Security Act of 1974, Sec. 4022A (29 U.S.C. 1322a)]

                     multiemployer plan benefits guaranteed

      Sec. 4022A. * * * (f)(1) No later than 5 years after September 26,
    1980, and at least every fifth year thereafter, the corporation shall--

    [[Page 1077]]

              (A) conduct a study to determine--

                      (i) the premiums needed to maintain the basic-benefit

                    guarantee levels for multiemployer plans described in

                    subsection (c), and

                      (ii) whether the basic-benefit guarantee levels for

                    multiemployer plans may be increased without increasing

                    the basic-benefit premiums for multiemployer plans under

                    this title; and

              (B) report such determinations to the Committee on Ways and

            Means and the Committee on Economic and Educational

            Opportunities of the House of Representatives and to the

            Committee on Finance and the Committee on Labor and Human

            Resources of the Senate.

      (2)(A) If the last report described in paragraph (1) indicates that a
    premium increase is necessary to support the existing basic-benefit
    guarantee levels for multiemployer plans, the corporation shall transmit
    to the Committee on Ways and Means and the Committee on Economic and
    Educational Opportunities of the House of Representatives and to the
    Committee on Finance and the Committee on Labor and Human Resources of
    the Senate by March 31 of any calendar year in which congressional
    action under this subsection is requested--

              (i) a revised schedule of basic-benefit guarantees for

            multiemployer plans which would be necessary in the absence of

            an increase in premiums approved in accordance with section

            4006(b) [29 U.S.C. 1306(b)],

              (ii) a revised schedule of basic-benefit premiums for

            multiemployer plans which is necessary to support the existing

            basic-benefit guarantees for such plans, and

              (iii) a revised schedule of basic-benefit guarantees for

            multiemployer plans for which the schedule of premiums necessary

            is higher than the existing premium schedule for such plans but

            lower than the revised schedule of premiums for such plans

            specified in clause (ii), together with such schedule of

            premiums.

      (B) The revised schedule of increased premiums referred to in
    subparagraph (A)(ii) or (A)(iii) shall go into effect as approved by the
    enactment of a joint resolution.

      (C) If an increase in premiums is not so enacted, the revised
    guarantee schedule described in subparagraph (A)(i) shall go into effect
    on the first day of the second calendar year following the year in which
    such revised guarantee schedule was submitted to the Congress.

    [[Page 1078]]

    plans can be increased without increasing the basic-benefit premiums for
    multiemployer plans under this title, the corporation shall submit to
    the Committee on Ways and Means and the Committee on Economic and
    Educational Opportunities of the House of Representatives and to the
    Committee on Finance and the Committee on Labor and Human Resources of
    the Senate by March 31 of the calendar year in which congressional
    action under this paragraph is requested--
      (3)(A) If the last report described in paragraph (1) indicates that
    basic-benefit guarantees for multiemployer

              (i) a revised schedule of increases in the basic-benefit

            guarantees which can be supported by the existing schedule of

            basic-benefit premiums for multiemployer plans, and

              (ii) a revised schedule of basic-benefit premiums sufficient

            to support the existing basic-benefit guarantees.

      (B) The revised schedules referred to in subparagraph (A)(i) or
    subparagraph (A)(ii) shall go into effect as approved by the Congress by
    the enactment of a joint resolution.

      (4)(A) The succeeding subparagraphs of this paragraph are enacted by
    the Congress as an exercise of the rulemaking power of the Senate and
    the House of Representatives, respectively, and as such they shall be
    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 joint resolutions (as defined in subparagraph (B)). Such
    subparagraphs shall supersede other rules only to the extent that they
    are inconsistent therewith. They are enacted 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 rule of that House.

    [[Page 1079]]

    (whichever is applicable), and the second blank space therein being
    filled with the date on which the corporation's message proposing the
    revision was submitted.
      (B) For purposes of this subsection, ``joint resolution'' means only a
    joint resolution, the matter after the resolving clause of which is as
    follows: ``The proposed schedule described in ------ transmitted to the
    Congress by the Pension Benefit Guaranty Corporation on ------ is hereby
    approved.'', the first blank space therein being filled with ``section
    4022A(f)(2)(A)(ii) of the Employee Retirement Income Security Act of
    1974'', ``section 4022A(f)(2)(A)(iii) of the Employee Retirement Income
    Security Act of 1974'', ``section 4022A(f)(3)(A)(i) of the Employee
    Retirement Income Security Act of 1974'', or ``section
    4022A(f)(3)(A)(ii) of the Employee Retirement Income Security Act of
    1974''

      (C) The procedure for disposition of a joint resolution shall be the
    procedure described in section 4006(b)(4) through (7) [29 U.S.C.
    1306(b)(4)-(7)]. * * *

      (g)(4)(A) No revised schedule of premiums under this subsection, after
    the initial schedule, shall go into effect unless--

              (i) the revised schedule is submitted to the Congress, and

              (ii) a joint resolution described in subparagraph (B) is not

            adopted before the close of the 60th legislative day after such

            schedule is submitted to the Congress.

      (B) For purposes of subparagraph (A), a joint resolution described in
    this subparagraph is a joint resolution the matter after the resolving
    clause of which is as follows: ``The revised premium schedule
    transmitted to the Congress by the Pension Benefit Guaranty Corporation
    under section 4022A(g)(4) of the Employee Retirement Income Security Act
    of 1974 on ------ is hereby disapproved.'', the blank space therein
    being filled with the date on which the revised schedule was submitted.

      (C) For purposes of subparagraph (A), the term ``legislative day''
    means any calendar day other than a day on which either House is not in
    session because of a sine die adjournment or an adjournment of more than
    3 days to a day certain.

      (D) The procedure for disposition of a joint resolution described in
    subparagraph (B) shall be the procedure described in paragraphs (4)
    through (7) of section 4006(b) [29 U.S.C. 1306(b)(4)-(7)].

     10. Nuclear Non-Proliferation Provisions of the Atomic Energy Act [42
                                                               Sec. 1130(10)

                                 U.S.C 2153-60]

                         cooperation with other nations

                                [42 U.S.C. 2153]

      Sec. 123. cooperation with other nations.--

    [[Page 1080]]

      No cooperation with any nation, group of nations or regional defense
    organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or
    144 [42 U.S.C. 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or
    2164] shall be undertaken until--

      a. the proposed agreement for cooperation has been submitted to the
    President, which proposed agreement shall include the terms, conditions,
    duration, nature, and scope of the cooperation; and shall include the
    following requirements: * * *

      b. the President has submitted text of the proposed agreement for
    cooperation (except an agreement arranged pursuant to subsection 91(c),
    144(b), 144(c), or 144(d) [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)], together with the accompanying unclassified Nuclear
    Proliferation Assessment Statement, to the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of the
    House of Representatives, the President has consulted with such
    Committees for a period of not less than thirty days of continuous
    session (as defined in section 130 [42 U.S.C. 2159]) concerning the
    consistency of the terms of the proposed agreement with all the
    requirements of this chapter, and the President has approved and
    authorized the execution of the proposed agreement for cooperation and
    has made a determination in writing that the performance of the proposed
    agreement will promote, and will not constitute an unreasonable risk to,
    the common defense and security;

      c. the proposed agreement for cooperation (if not an agreement subject
    to subsection d.), together with the approval and determination of the
    President, has been submitted to the Committee on International
    Relations of the House of Representatives and the Committee on Foreign
    Relations of the Senate for a period of thirty days of continuous
    session (as defined in subsection 130g. [42 U.S.C. 2159(g)]): Provided,
    however, That these committees, after having received such agreement for
    cooperation, may by resolution in writing waive the conditions of all or
    any portion of such thirty-day period; and

    [[Page 1081]]

    of the House of Representatives and the Committee on Foreign Relations
    of the Senate, and in addition, in the case of a proposed agreement for
    cooperation arranged pursuant to subsection 91c., 144b., 144c., or 144d.
    [42 U.S.C. 2121(c), 2164(b), 2164(c), or 2164(d)], the Committee on
    Armed Services of the House of Representatives and the Committee on
    Armed Services of the Senate, but such proposed agreement for
    cooperation shall not become effective if during such sixty-day period
    the Congress adopts and there is enacted, a joint resolution stating in
    substance that the Congress does not favor the proposed agreement for
    cooperation: Provided, That the sixty-day period shall not begin until a
    Nuclear Proliferation Assessment Statement prepared by the Secretary of
    State, and any annexes thereto, when required by subsection a., have
    been submitted to the Congress. * * *

    Any such proposed agreement for cooperation shall be considered pursuant
    to the procedures set forth in section 130(i) of this Act [42 U.S.C.
    2159(i)].
      d. the proposed agreement for cooperation (if arranged pursuant to
    subsection 91c., 144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b),
    2164(c), or 2164(d)], or if entailing implementation of section 53,
    54a., 103, or 104 [42 U.S.C. 2073, 2074(a), 2133, or 2134] in relation
    to a reactor that may be capable of producing more than five thermal
    megawatts or special nuclear material for use in connection therewith)
    has been submitted to the Congress, together with the approval and
    determination of the President, for a period of sixty days of continuous
    session (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
    and referred to the Committee on International Relations

      Following submission of a proposed agreement for co-operation (except
    an agreement for cooperation arranged pursuant to subsection 91c.,
    144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)]) to the Committee on International Relations of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    the Nuclear Regulatory Commission, the Department of State, the
    Department of Energy, and the Department of Defense shall, upon the
    request of either of those committees, promptly furnish to those
    committees their views as to whether the safeguards and other controls
    contained therein provide an adequate framework to ensure that any
    exports as contemplated by such agreement will not be inimical to or
    constitute an unreasonable risk to the common defense and security.

    [[Page 1082]]

    the elapse of the sixty-day period in which the agreement for
    cooperation in question is reviewed by the Congress.

      If, after March 10, 1978, the Congress fails to disapprove a proposed
    agreement for cooperation which exempts the recipient nation from the
    requirement set forth in subsection a.(2), such failure to act shall
    constitute a failure to adopt a resolution of disapproval pursuant to
    subsection 128b.(3) [42 U.S.C. 2157(b)(3)] for purposes of the
    Commission's consideration of applications and requests under section
    126a.(2) [42 U.S.C. 2155(a)(2)] and there shall be no congressional
    review pursuant to section 128 [42 U.S.C. 2157] of any subsequent
    license or authorization with respect to that until the first such
    license or authorization which is issued after twelve months from

                           export licensing procedures

                                [42 U.S.C. 2155]

      Sec. 126. export licensing procedures.--

      a. No license may be issued by the Nuclear Regulatory Commission (the
    ``Commission'') for the export of any production or utilization
    facility, or any source material or special nuclear material, including
    distributions of any material by the Department of Energy under sections
    54, 64, or 82 [42 U.S.C. 2074, 2094, 2112], for which a license is
    required or requested, and no exemption from any requirement for such an
    export license may be granted by the Commission, as the case may be,
    until-- * * *

    [[Page 1083]]

    notifies the Congress. In the event that the Committee on International
    Relations of the House of Representatives or the Committee on Foreign
    Relations of the Senate reports a joint resolution to take any action
    with respect to any such extension, such joint resolution will be
    considered in the House or Senate, as the case may be, under procedures
    identical to those provided for the consideration of resolutions
    pursuant to section 130 of this Act [42 U.S.C. 2159]: * * *

      Provided, That continued cooperation under an agreement for
    cooperation as authorized in accordance with section 124 of this Act [42
    U.S.C. 2154] shall not be prevented by failure to meet the provisions of
    paragraph (4) or (5) of section 127 [42 U.S.C. 2156(4) or (5)] for a
    period of thirty days after March 10, 1978, and for a period of twenty-
    three months thereafter if the Secretary of State notifies the
    Commission that the nation or group of nations bound by the relevant
    agreement has agreed to negotiations as called for in section 404(a) of
    the Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2153c(a)]; however,
    nothing in this subsection shall be deemed to relinquish any rights
    which the United States may have under agreements for cooperation in
    force on the date of enactment of this section: Provided further, That
    if, upon the expiration of such twenty-month period, the President
    determines that failure to continue cooperation with any group of
    nations which has been exempted pursuant to the above proviso from the
    provisions of paragraph (4) or (5) of section 127 of this Act [42 U.S.C.
    2156(4) or (5)], but which has not yet agreed to comply with those
    provisions would be seriously prejudicial to the achievement of United
    States non-proliferation objectives or otherwise jeopardize the common
    defense and security, he may, after notifying the Congress of his
    determination, extend by Executive order the duration of the above
    proviso for a period of twelve months, and may further extend the
    duration of such proviso by one year increments annually thereafter if
    he again makes such determination and so

      b. * * * (2) * * * If, after receiving the proposed license
    application and reviewing the Commission's decision, the President
    determines that withholding the proposed export would be seriously
    prejudicial to the achievement of United States non-proliferation
    objectives, or would otherwise jeopdarize the common defense and
    security, the proposed export may be authorized by Executive order:
    Provided, That prior to any such export, the President shall submit the
    Executive order, together with his explanation of why, in light of the
    Commission's decision, the export should nonetheless be made, to the
    Congress for a period of sixty days of continuous session (as defined in
    subsection 130g. [42 U.S.C. 2159(g)]) and shall be referred to the
    Committee on International Relations of the House of Representatives and
    the Committee on Foreign Relations of the Senate, but any such proposed
    export shall not occur if during such sixty-day period the Congress
    adopts a concurrent resolution stating in substance that it does not
    favor the proposed export. Any such Executive order shall be considered
    pursuant to the procedures set forth in section 130 of this Act [42
    U.S.C. 2159] for the consideration of Presidential submissions: * * *

      c. In the event that the House of Representatives or the Senate passes
    a joint resolution which would adopt one or more additional export
    criteria, or would modify any existing criteria under this Act, any such
    joint resolution shall be referred in the other House to the Committee
    on Foreign Relations of the Senate or the Committee on International
    Relations of the House of Representatives, as the case may be, and shall
    be considered by the other House under applicable procedures provided
    for the consideration of resolutions pursuant to section 130 of this Act
    [42 U.S.C. 2159].

    [[Page 1084]]

      Subsection b.(2) should be read in light of INS v. Chadha, 462 U.S.
    919 (1983).

                   additional export criterion and procedures

                                [42 U.S.C. 2157]

      Sec. 128. additional export criterion and procedures.-- * * * b. * * *
    (1) * * * Provided, That no such export of any production or utilization
    facility or of any source or special nuclear material (intended for use
    as fuel in any production or utilization facility) which has been
    licensed or authorized pursuant to this subsection shall be made to any
    non-nuclear-weapon state which has failed to meet such criterion until
    the first such license or authorization with respect to such state is
    submitted to the Congress (together with a detailed assessment of the
    reasons underlying the President's determination, the judgment of the
    executive branch required under section 126 of this Act [42 U.S.C.
    2155], and any Commission opinion and views) for a period of sixty days
    of continuous session (as defined in subsection 130g. of this Act [42
    U.S.C. 2159(g)]) and referred to the Committee on International
    Relations of the House of Representatives and the Committee on Foreign
    Relations of the Senate, but such export shall not occur if during such
    sixty-day period the Congress adopts a concurrent resolution stating in
    substance that the Congress does not favor the proposed export. Any such
    license or authorization shall be considered pursuant to the procedures
    set forth in section 130 of this Act [42 U.S.C. 2159] for the
    consideration of Presidential submissions.

      (2) If the Congress adopts a resolution of disapproval pursuant to
    paragraph (1), no further export of materials, facilities, or technology
    specified in subsection a. shall be permitted for the remainder of that
    Congress, unless such state meets the criterion or the President
    notifies the Congress that he has determined that significant progress
    has been made in achieving adherence to such criterion by such state or
    that United States foreign policy interests dictate reconsideration and
    the Congress, pursuant to the procedure of paragraph (1), does not adopt
    a concurrent resolution stating in substance that it disagrees with the
    President's determination.

    [[Page 1085]]

    state which is issued pursuant to this paragraph after twelve months
    from the elapse of the sixty-day period specified in paragraph (1), and
    the first such license or authorization which is issued after each
    twelve-month period thereafter, shall be submitted to the Congress for
    review pursuant to the procedures specified in paragraph (1): Provided
    further, That if the Congress adopts a resolution of disapproval during
    any review period provided for by this paragraph, the provisions of
    paragraph (2) shall apply with respect to further exports to such state.

      (3) If the Congress does not adopt a resolution of disapproval with
    respect to a license or authorization submitted pursuant to paragraph
    (1), the criterion set forth in subsection a. shall not be applied as an
    export criterion with respect to exports of materials, facilities and
    technology specified in subsection a. to that state: Provided, That the
    first license or authorization with respect to that

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).

               conduct resulting in termination of nuclear exports

                                [42 U.S.C. 2158]

      Sec. 129. conduct resulting in termination of nuclear exports.--No
    nuclear materials and equipment or sensitive nuclear technology shall be
    exported to--

              (1) any non-nuclear-weapon state that is found by the

            President to have, at any time after March 10, 1978,

    unless the President determines that cessation of such exports would be
    seriously prejudicial to the achievement of United States non-
    proliferation objectives or otherwise jeopardize the common defense and
    security: Provided, That prior to the effective date of any such
    determination, the President's determination, together with a report
    containing the reasons for his determination, shall be submitted to the
    Congress and referred to the Committee on International Relations of the
    House of Representatives and the Committee on Foreign Relations of the
    Senate for a period of sixty days of continuous session (as defined in
    subsection 130g. of this Act [42 U.S.C. 2159(g)]), but any such
    determination shall not become effective if during such sixty-day period
    the Congress adopts a concurrent resolution stating in substance that it
    does not favor the determination. Any such determination shall be
    considered pursuant to the procedures set forth in section 130 of this
    Act [42 U.S.C. 2159] for the consideration of Presidential submissions.

                                      * * *

    [[Page 1086]]

      This provision should be read in light of INS v. Chadha, 462 U.S. 919
    (1983).

                         congressional review procedures

                                [42 U.S.C. 2159]

      Sec. 130. congressional review procedures.--

      a. Not later than forty-five days of continuous session of Congress
    after the date of transmittal to the Congress of any submission of the
    President required by subsection 126a.(2), 126b.(2), 127b., 129,
    131a.(3), or 131f.(1)(A) of this Act [42 U.S.C. 2155(a)(2), 2155(b)(2),
    2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A)], the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House of Representatives, shall each submit a report to its
    respective House on its views and recommendations respecting such
    Presidential submission together with a resolution, as defined in
    subsection f., stating in substance that the Congress approves or
    disapproves such submission, as the case may be: Provided, That if any
    such committee has not reported such a resolution at the end of such
    forty-five day period, such committee shall be deemed to be discharged
    from further consideration of such submission. If no such resolution has
    been reported at the end of such period, the first resolution, as
    defined in subsection f., which is introduced within five days
    thereafter within such House shall be placed on the appropriate calendar
    of such House.

      b. When the relevant committee or committees have reported such a
    resolution (or have been discharged from further consideration of such a
    resolution pursuant to subsection a. of this section) or when a
    resolution has been introduced and placed on the appropriate calendar
    pursuant to subsection a. of this section, as the case may be, it is at
    any time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) for any Member of the respective House to
    move to proceed to the consideration of the resolution. The motion is
    highly privileged and is not debatable. The motion shall not be subject
    to amendment, or to a motion to postpone, or to a motion to proceed to
    the consideration of other business. 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 resolution is agreed to,
    the resolution shall remain the unfinished business of the respective
    House until disposed of.

    [[Page 1087]]

    between individuals favoring and individuals opposing the resolution. A
    motion further to limit debate is in order and not debatable. An
    amendment to a motion to postpone, or a motion to recommit the
    resolution, or a motion to proceed to the consideration of other
    business is not in order. A motion to reconsider the vote by which the
    resolution is agreed to or disagreed to shall not be in order. No
    amendment to any concurrent resolution pursuant to the procedures of
    this section is in order except as provided in subsection d. of this
    section.
      c. Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally

      d. Immediately following (1) the conclusion of the debate on such
    concurrent resolution, (2) a single quorum call at the conclusion of
    debate if requested in accordance with the rules of the appropriate
    House, and (3) the consideration of an amendment introduced by the
    Majority Leader or his designee to insert the phrase, ``does not'' in
    lieu of the word ``does'' if the resolution under consideration is a
    concurrent resolution of approval, the vote on final approval of the
    resolution shall occur.

      e. Appeals from the decisions of the Chair relating to the application
    of the rules of the Senate or of the House of Representatives, as the
    case may be, to the procedure relating to such a resolution shall be
    decided without debate.

      f. For the purposes of subsections a. through e. of this section, the
    term ``resolution'' means a concurrent resolution of the Congress, the
    matter after the resolving clause of which is as follows: ``That the
    Congress (does or does not) favor the ------ transmitted to the Congress
    by the President on ------.'', the blank spaces therein to be
    appropriately filled, and the affirmative or negative phrase within the
    parenthetical to be appropriately selected.

      g. (1) Except as provided in paragraph (2), for the purposes of this
    section--

              (A) continuity of session is broken only by an adjournment of

            Congress sine die; and

              (B) 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 of any period of time in which

            Congress is in continuous session.

      (2) For purposes of this section insofar as it applies to section 123
    [42 U.S.C. 2153]--

              (A) continuity of session is broken only by an adjournment of

    [[Page 1088]]

            Congress sine die at the end of a Congress; and

              (B) the days on which either House is not in session because

            of an adjournment of more than three days are excluded in the

            computation of any period of time in which Congress is in

            continuous session.

      h. This section is enacted by Congress--

              (1) as an exercise of the rulemaking power of the Senate and

            the House of Representatives, respectively, and as such they 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 resolutions described by subsection f.

            of this section; 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.

      i. (1) For the purposes of this subsection, the term ``joint
    resolution'' means a joint resolution, the matter after the resolving
    clause of which is as follows: ``That the Congress (does or does not)
    favor the proposed agreement for cooperation transmitted to the Congress
    by the President on ------.'', with the date of the transmission of the
    proposed agreement for cooperation inserted in the blank, and the
    affirmative or negative phrase within the parenthetical appropriately
    selected.

    [[Page 1089]]

      (2) On the day on which a proposed agreement for cooperation is
    submitted to the House of Representatives and the Senate under section
    123d. [42 U.S.C. 2153(d)], a joint resolution with respect to such
    agreement for cooperation shall be introduced (by request) in the House
    by the chairman of the Committee on International Relations, for himself
    and the ranking minority member of the Committee, or by Members of the
    House designated by the chairman and ranking minority member; 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 for cooperation is submitted, the joint resolution shall be
    introduced in that House, as provided in the preceding sentence, on the
    first day thereafter on which that House is in session.

      (3) All joint resolutions introduced in the House of Representatives
    shall be referred to the appropriate committee or committees, and all
    joint resolutions introduced in the Senate shall be referred to the
    Committee on Foreign Relations and in addition, in the case of a
    proposed agreement for cooperation arranged pursuant to section 91c.,
    144b., or 144c. [42 U.S.C. 2121(c), 2164(b), 2164(c)], the Committee on
    Armed Services.

      (4) If the committee of either House to which a joint resolution has
    been referred has not reported it at the end of 45 days after its
    introduction, the committee shall be discharged from further
    consideration of the joint resolution or of any other joint resolution
    introduced with respect to the same matter; except that, in the case of
    a joint resolution which has been referred to more than one committee,
    if before the end of that 45-day period one such committee has reported
    the joint resolution, any other committee to which the joint resolution
    was referred shall be discharged from further consideration of the joint
    resolution or of any other joint resolution introduced with respect to
    the same matter.

      (5) A joint resolution under this subsection shall be considered in
    the Senate in accordance with the provisions of section 601(b)(4) of the
    International Security Assistance and Arms Export Control Act of 1976.
    For the purpose of expediting the consideration and passage of joint
    resolutions reported or discharged pursuant to the provisions of this
    subsection, it shall be in order for the Committee on Rules of the House
    of Representatives to present for consideration a resolution of the
    House of Representatives providing procedures for the immediate
    consideration of a joint resolution under this subsection which may be
    similiar, if applicable, to the procedures set forth in section
    601(b)(4) of the International Security Assistance and Arms Exports
    Control Act of 1976.

      (6) In the case of a joint resolution described in paragraph (1), if
    prior to the passage by one House of a joint resolution of that House,
    that House receives a joint resolution with respect to the same matter
    from the other House, then--

              (A) the procedure in that House shall be the same as if no

            joint resolution had been received from the other House; but

              (B) the vote on final passage shall be on the joint resolution

    [[Page 1090]]

            of the other House.

                             subsequent arrangements

                                [42 U.S.C. 2160]

      Sec. 131. subsequent arrangements.-- * * *

      f. (1) With regard to any subsequent arrangement under subsection a.
    (2)(E) (for the storage or disposition of irradiated fuel elements),
    where such arrangement involves a direct or indirect commitment of the
    United States for the storage or other disposition, interim or
    permanent, of any foreign spent nuclear fuel in the United States, the
    Secretary of Energy may not enter into any such subsequent arrangement,
    unless:

              (A)(i) Such commitment of the United States has been submitted

            to the Congress for a period of sixty days of continuous session

            (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])

            and has been referred to the Committee on International

            Relations of the House of Representatives and the Committee on

            Foreign Relations of the Senate, but any such commitment shall

            not become effective if during such sixty-day period the

            Congress adopts a concurrent resolution stating in substance

            that it does not favor the commitment, any such commitment to be

            considered pursuant to the procedures set forth in section 130

            of this Act [42 U.S.C. 2159] for the consideration of

            Presidential submissions; or (ii) if the President has submitted

            a detailed generic plan for such disposition or storage in the

            United States to the Congress for a period of sixty days of

            continuous session (as defined in subsection 130g. of this Act

            [42 U.S.C. 2159(g)]), which plan has been referred to the

            Committee on International Relations of the House of

            Representatives and the Committee on Foreign Relations of the

            Senate and has not been disapproved during such sixty-day period

            by the adoption of a concurrent resolution stating in substance

            that Congress does not favor the plan; and the commitment is

            subject to the terms of an effective plan. Any such plan shall

            be considered pursuant to the procedures set forth in section

            130 of this Act [42 U.S.C. 2159] for the consideration of

            Presidential submissions;

    [[Page 1091]]

                                      * * *

                                                              Sec. 1130(11A)

    [Several sections of the Trade Act of 1974, Uruguay Round
    Agreements Act, and Bipartisan Trade Promotion Authority Act of 2002
    provide for congressional disapproval of certain executive
    actions. The provisions included under Sec. 1130(11A) through (11D)
    of this Manual are derived from the Trade Act of 1974.]

                     11. Trade Act of 1974 [19 U.S.C. 2101]

                           a. import relief, Sec. 203

                                [19 U.S.C. 2253]

      Sec. 203. action by president after determination of import injury.--
    * * *

      (b) reports to congress.--(1) On the day the President takes action
    under subsection (a)(1), the President shall transmit to Congress a
    document describing the action and the reasons for taking the action. If
    the action taken by the President differs from the action required to be
    recommended by the Commission under section 202(e)(1), the President
    shall state in detail the reasons for the difference.

      (2) On the day on which the President decides that there is no
    appropriate and feasible action to take under subsection (a)(1) with
    respect to a domestic industry, the President shall transmit to Congress
    a document that sets forth in detail the reasons for the decision.

      (3) On the day on which the President takes any action under
    subsection (a)(1) that is not reported under paragraph (1), the
    President shall transmit to Congress a document setting forth the action
    being taken and the reasons therefor.

      (c) implementation of action recommended by commission.--If the
    President reports under subsection (b)(1) or (2) that--

              (1) the action taken under subsection (a)(1) differs from the

            action recommended by the Commission under section 202(e)(1); or

              (2) no action will be taken under subsection (a)(1) with

    [[Page 1092]]

            respect to the domestic industry;
    the action recommended by the Commission shall take effect (as provided
    in subsection (d)(2)) upon the enactment of a joint resolution described
    in section 152(a)(1)(A) within the 90-day period beginning on the date
    on which the document referred to in subsection (b)(1) or (2) is
    transmitted to the Congress.

      The House adopted a special order ``hereby'' laying on the table a
    joint resolution disapproving a steel-tariff action taken by the
    President privileged under this section (the joint resolution was
    reported adversely by the Committee on Ways and Means) (H. Res. 414, May
    8, 2002, p. ----).

                                                              Sec. 1130(11B)

                       b. freedom of emigration, Sec. 402

                                [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.

      (3) A waiver with respect to any country shall terminate on the day
    after the waiver authority granted by this subsection 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.

    [[Page 1093]]

      (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

            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.

    [[Page 1094]]

      (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

                                [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.

      (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.

    [[Page 1095]]

    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.
      (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

                                                              Sec. 1130(11D)

       d. ``fast-track'' procedures, Sec. Sec. 151-154 [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

            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.

    [[Page 1096]]

      (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

            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.

    [[Page 1097]]

    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.
      (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

      (2) On the day on which a bilateral commerical 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 provided
    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.

    [[Page 1098]]

      (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.

      (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 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.

      (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.

    [[Page 1099]]

    ation 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.
      (f) floor consideration in the house.--(1) A motion in the House of
    Representatives to proceed to the consider

      (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.

      (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 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 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.

    [[Page 1100]]

    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.
      (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,

      (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.

      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. 17812-13). 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). 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

    [[Page 1101]]

            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

            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.

    [[Page 1102]]

    batable. 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.
      (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 de

      (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.

      (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.

    [[Page 1103]]

      (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

            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

    [[Page 1104]]

            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]

      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 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.

      (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.

    [[Page 1105]]

    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.
      (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

      (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.

      (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.

    [[Page 1106]]

    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.

      (2) In any case in which there are amendments in disagreement, time on
    each amendment shall be limited to

               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),

            when either House is not in session.

    e. Narcotics Control Provisions--Trade Act of 1974, Sec. Sec. 801-05 [19
                                                              Sec. 1130(11E)

     tariff treatment of products of uncooperative major drug producing or
                                 U.S.C. 2491-95]

                        drug-transit countries, Sec. 856

                                [19 U.S.C. 2492]

      Sec. 802. (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

    [[Page 1107]]

            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).

      (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

    [[Page 1108]]

            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

            of the period indicated; * * *

                                  * * *

                                                              Sec. 1130(11F)

       f. 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 1109]]

            will be promoted thereby, the President--

                      (A) may enter into trade agreements with foreign

                    countries before--

                            (i) June 1, 2005; or

                            (ii) June 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.

              (2) Limitations.--No proclamation may be made under paragraph

            (1) that--

                      (A) reduces any rate of duty (other than a rate of

                    duty that does not exceed 5 percent ad valorem on the

                    date of the enactment of this Act) to a rate of duty

                    which is less than 50 percent of the rate of such duty

                    that applies on such date of enactment;

                      (B) reduces the rate of duty below that applicable

                    under the Uruguay Round Agreements, on any import

                    sensitive agricultural product; or

                      (C) increases any rate of duty above the rate that

                    applied on the date of the enactment of this Act.

              (3) Aggregate reduction; exemption from staging.--

                      (A) Aggregate reduction.--Except as provided in

                    subparagraph (B), the aggregate reduction in the rate of

                    duty on any article which is in effect on any day

                    pursuant to a trade agreement entered into under

                    paragraph (1) shall not exceed the aggregate reduction

                    which would have been in effect on such day if--

                            (i) a reduction of 3 percent ad valorem or a

                        reduction of one-tenth of the total reduction,

                        whichever is greater, had taken effect on the

                        effective date of the first reduction proclaimed

                        under paragraph (1) to carry out such agreement with

    [[Page 1110]]

                        respect to such article; and

                            (ii) a reduction equal to the amount applicable

                        under clause (i) had taken effect at 1-year

                        intervals after the effective date of such first

                        reduction.

                      (B) Exemption from staging.--No staging is required

                    under subparagraph (A) with respect to a duty reduction

                    that is proclaimed under paragraph (1) for an article of

                    a kind that is not produced in the United States. The

                    United States International Trade Commission shall

                    advise the President of the identity of articles that

                    may be exempted from staging under this subparagraph.

              (4) Rounding.--If the President determines that such action

            will simplify the computation of reductions under paragraph (3),

            the President may round an annual reduction by an amount equal

            to the lesser of--

                      (A) the difference between the reduction without

                    regard to this paragraph and the next lower whole

                    number; or

                      (B) one-half of 1 percent ad valorem.

              (5) Other limitations.--A rate of duty reduction that may not

            be proclaimed by reason of paragraph (2) may take effect only if

            a provision authorizing such reduction is included within an

            implementing bill provided for under section 2105 and that bill

            is enacted into law.

              (6) Other tariff modifications.--Notwithstanding paragraphs

            (1)(B), (2)(A), (2)(C), and (3) through (5), and subject to the

            consultation and layover requirements of section 115 of the

            Uruguay Round Agreements Act, the President may proclaim the

            modification of any duty or staged rate reduction of any duty

            set forth in Schedule XX, as defined in section 2(5) of that

            Act, if the United States agrees to such modification or staged

            rate reduction in a negotiation for the reciprocal elimination

            or harmonization of duties under the auspices of the World Trade

            Organization.

              (7) Authority under uruguay round agreements act not

            affected.--Nothing in this subsection shall limit the authority

            provided to the President under section 111(b) of the Uruguay

            Round Agreements Act (19 U.S.C. 3521(b)).

    [[Page 1111]]

      (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

                    imposition of, such barrier or other distortion.

              (C) The President may enter into a trade agreement under this

            paragraph before--

                      (i) June 1, 2005; or

                      (ii) June 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''.

    [[Page 1112]]

              (B) The provisions referred to in subparagraph (A) are--

                      (i) a provision approving a trade agreement entered

                    into under this subsection and approving the statement

                    of administrative action, if any, proposed to implement

                    such trade agreement; and

                      (ii) if changes in existing laws or new statutory

                    authority are required to implement such trade agreement

                    or agreements, provisions, necessary or appropriate to

                    implement such trade agreement or agreements, either

                    repealing or amending existing laws or providing new

                    statutory authority.

      (c) Extension Disapproval Process for Congressional Trade Authorities
    Procedures.--

              (1) In general.--Except as provided in section 2105(b)--

                      (A) the trade authorities procedures apply to

                    implementing bills submitted with respect to trade

                    agreements entered into under subsection (b) before July

                    1, 2005; and

                      (B) the trade authorities procedures shall be extended

                    to implementing bills submitted with respect to trade

                    agreements entered into under subsection (b) after June

                    30, 2005, and before July 1, 2007, if (and only if)--

                            (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, 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 March

            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

    [[Page 1113]]

                    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

                    under paragraph (2). The International Trade Commission

                    shall submit to the Congress as soon as practicable, but

                    not later than May 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

    [[Page 1114]]

            procedures under that Act to any imple

            menting 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

                    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.

    [[Page 1115]]

      (d) Commencement of Negotiations.--In order to contribute to the
    continued economic expansion of the United States, the President shall
    commence negotiations covering tariff and nontariff barriers affecting
    any industry, product, or service sector, and expand existing sectoral
    agreements to countries that are not parties to those agreements, in
    cases where the President determines that such negotiations are feasible
    and timely and would benefit the United States. Such sectors include
    agriculture, commercial services, intellectual property rights,
    industrial and capital goods, government procurement, information
    technology products, environmental technology and services, medical
    equipment and services, civil aircraft, and infrastructure products. In
    so doing, the President shall take into account all of the principal
    negotiating objectives set forth in section 2102(b).

      (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.

      (b) Negotiations Regarding Agriculture.--

              (1) In general.--Before initiating or continuing negotiations

            the subject matter of which is directly related to the subject

            matter under section 2102(b)(10)(A)(i) with any country, the

            President shall assess whether United States tariffs on

            agricultural products that were bound under the Uruguay Round

            Agreements are lower than the tariffs bound by that country. In

            addition, the President shall consider whether the tariff levels

            bound and applied throughout the world with respect to imports

            from the United States are higher than United States tariffs and

            whether the negotiation provides an opportunity to address any

            such disparity. The President shall consult with the Committee

            on Ways and Means and the Committee on Agriculture of the House

            of Representatives and the Committee on Finance and the

            Committee on Agriculture, Nutrition, and Forestry of the Senate

            concerning the results of the assessment, whether it is

            appropriate for the United States to agree to further tariff

            reductions based on the conclusions reached in the assessment,

    [[Page 1116]]

            and how all applicable negotiating objectives will be met.

              (2) Special consultations on import sensitive products.--(A)

            Before initiating negotiations with regard to agriculture, and,

            with respect to the Free Trade Area for the Americas and

            negotiations with regard to agriculture under the auspices of

            the World Trade Organization, as soon as practicable after the

            enactment of this Act, the United States Trade Representative

            shall--

                      (i) identify those agricultural products subject to

                    tariff-rate quotas on the date of enactment of this Act,

                    and agricultural products subject to tariff reductions

                    by the United States as a result of the Uruguay Round

                    Agreements, for which the rate of duty was reduced on

                    January 1, 1995, to a rate which was not less than 97.5

                    percent of the rate of duty that applied to such article

                    on December 31, 1994;

                      (ii) consult with the Committee on Ways and Means and

                    the Committee on Agriculture of the House of

                    Representatives and the Committee on Finance and the

                    Committee on Agriculture, Nutrition, and Forestry of the

                    Senate concerning--

                            (I) whether any further tariff reductions on the

                        products identified under clause (i) should be

                        appropriate, taking into account the impact of any

                        such tariff reduction on the United States industry

                        producing the product concerned;

                            (II) whether the products so identified face

                        unjustified sanitary or phytosanitary restrictions,

                        including those not based on scientific principles

                        in contravention of the Uruguay Round Agreements;

                        and

                            (III) whether the countries participating in the

                        negotiations maintain export subsidies or other

                        programs, policies, or practices that distort world

                        trade in such products and the impact of such

                        programs, policies, and practices on United States

                        producers of the products;

                      (iii) request that the International Trade Commission

                    prepare an assessment of the probable economic effects

                    of any such tariff reduction on the United States

                    industry producing the product concerned and on the

    [[Page 1117]]

                    United States economy as a whole; and

                      (iv) upon complying with clauses (i), (ii), and (iii),

                    notify the Committee on Ways and Means and the Committee

                    on Agriculture of the House of Representatives and the

                    Committee on Finance and the Committee on Agriculture,

                    Nutrition, and Forestry of the Senate of those products

                    identified under clause (i) for which the Trade

                    Representative intends to seek tariff liberalization in

                    the negotiations and the reasons for seeking such tariff

                    liberalization.

              (B) If, after negotiations described in subparagraph (A) are

            commenced--

                      (i) the United States Trade Representative identifies

                    any additional agricultural product described in

                    subparagraph (A)(i) for tariff reductions which were not

                    the subject of a notification under subparagraph

                    (A)(iv), or

                      (ii) any additional agricultural product described in

                    subparagraph (A)(i) is the subject of a request for

                    tariff reductions by a party to the negotiations,

            the Trade Representative shall, as soon as practicable, notify

            the committees referred to in subparagraph (A)(iv) of those

            products and the reasons for seeking such tariff reductions.

              (3) Negotiations regarding the fishing industry.--Before

            initiating, or continuing, negotiations which directly relate to

            fish or shellfish trade with any country, the President shall

            consult with the Committee on Ways and Means and the Committee

            on Resources of the House of Representatives, and the Committee

            on Finance and the Committee on Commerce, Science, and

            Transportation of the Senate, and shall keep the Committees

            apprised of negotiations on an ongoing and timely basis.

    [[Page 1118]]

    cerning the results of the assessment, whether it is appropriate for the
    United States to agree to further tariff reductions based on the
    conclusions reached in the assessment, and how all applicable
    negotiating objectives will be met.
      (c) Negotiations Regarding Textiles.--Before initiating or continuing
    negotiations the subject matter of which is directly related to textiles
    and apparel products with any country, the President shall assess
    whether United States tariffs on textile and apparel products that were
    bound under the Uruguay Round Agreements are lower than the tariffs
    bound by that country and whether the negotiation provides an
    opportunity to address any such disparity. The President shall consult
    with the Committee on Ways and Means of the House of Representatives and
    the Committee on Finance of the Senate con

      (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--

                      (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

    [[Page 1119]]

                        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

                        Congress by the Committee 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

    [[Page 1120]]

                        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.

                      (iii) Resolutions in the Senate--

                            (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) 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.

                      (v) It is not in order for the Senate to consider any

                    resolution that is not reported by the Committee on

                    Finance.

                      (vi) The provisions of section 152(d) and (e) of the

                    Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating

                    to floor consideration of certain resolutions in the

                    House and Senate) shall apply to resolutions.

      (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.

      (f) ITC Assessment.--

              (1) In general.--The President at least 90 calendar days

            before the day on which the President enters into a trade

            agreement under section 2103(b), shall provide the International

            Trade Commission (referred to in this subsection as ``the

            Commission'') with the details of the agreement as it exists at

            that time and request the Commission to prepare and submit an

            assessment of the agreement as described in paragraph (2).

            Between the time the President makes the request under this

            paragraph and the time the Commission submits the assessment,

            the President shall keep the Commission current with respect to

    [[Page 1121]]

            the details of the agreement.

              (2) ITC assessment.--Not later than 90 calendar days after the

            President enters into the agreement, the Commission shall submit

            to the President and the Congress a report assessing the likely

            impact of the agreement on the United States economy as a whole

            and on specific industry sectors, including the impact the

            agreement will have on the gross domestic product, exports and

            imports, aggregate employment and employment opportunities, the

            production, employment, and competitive position of industries

            likely to be significantly affected by the agreement, and the

            interests of United States consumers.

              (3) Review of empirical literature.--In preparing the

            assessment, the Commission shall review available economic

            assessments regarding the agreement, including literature

            regarding any substantially equivalent proposed agreement, and

            shall provide in its assessment a description of the analyses

            used and conclusions drawn in such literature, and a discussion

            of areas of consensus and divergence between the various

            analyses and conclusions, including those of the Commission

    sec. 2105. implementation of trade agreements.

            regarding 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

    [[Page 1122]]

                    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

                      (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

    [[Page 1123]]

            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

            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

    [[Page 1124]]

                    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

                        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

    [[Page 1125]]

                    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, 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

    [[Page 1126]]

            procedures of that House) at any time,

            in the same manner, and to the same extent as any other rule of

    sec. 2106. treatment of certain trade agreements
            that House.

             for which negotiations have already begun.

      (a) Certain Agreements.--Notwithstanding the prenegotiation
    notification and consultation requirement described in section 2104(a),
    if an agreement to which section 2103(b) applies--

              (1) is entered into under the auspices of the World Trade

            Organization,

              (2) is entered into with Chile,

              (3) is entered into with Singapore, or

              (4) establishes a Free Trade Area for the Americas,
    and results from negotiations that were commenced before the date of the
    enactment of this Act, subsection (b) shall apply.

      (b) Treatment of Agreements.--In the case of any agreement to which
    subsection (a) applies--

              (1) the applicability of the trade authorities procedures to

            implementing bills shall be determined without regard to the

            requirements of section 2104(a) (relating only to 90 days notice

            prior to initiating negotiations), and any procedural

            disapproval resolution under section 2105(b)(1)(B) shall not be

            in order on the basis of a failure or refusal to comply with the

            provisions of section 2104(a); and

              (2) the President shall, as soon as feasible after the

            enactment of this Act--

                      (A) notify the Congress of the negotiations described

                    in subsection (a), the specific United State objectives

                    in the negotiations, and whether the President is

                    seeking a new agreement or changes to an existing

                    agreement; and

                      (B) before and after submission of the notice, consult

                    regarding the negotiations with the committees referred

                    to section 2104(a)(2) and the Congressional Oversight

                    Group convened under section 2107.

                                                               Sec. 1130(12)

        12. Federal Salary Act of 1967, Sec. 225(h)-(j) [2 U.S.C. 358-60]

    [[Page 1127]]

      Sec. 225. citizens' commission on public service and compensation.-- *
    * *

      (h) recommendations of the president with respect to pay [2 u.s.c.
    358].-- * * * (2) The President shall transmit his recommendations under
    this subsection to Congress on the first Monday after January 3 of the
    first calendar year beginning after the date on which the Commission
    submits its report and recommendations to the President under subsection
    (g) [2 U.S.C. 357].

      (i) effective date of recommendations of the president [2 u.s.c.
    359].--(1) None of the President's recommendations under subsection (h)
    [2 U.S.C. 358] shall take effect unless approved under paragraph (2).

      (2)(A) The recommendations of the President under subsection (h) [2
    U.S.C. 358] shall be considered approved under this paragraph if there
    is enacted into law a bill or joint resolution approving such
    recommendations in their entirety. This bill or joint resolution shall
    be passed by recorded vote to reflect the vote of each Member of
    Congress thereon.

      (B)(i) The provisions of this subparagraph are enacted by the
    Congress--

              (I) as an exercise of the rulemaking power of the Senate and

            the House of Representatives and as such shall be considered as

            part of the rules of each House, and shall supersede other rules

            only to the extent that they are inconsistent therewith; and

              (II) with full recognition of the constitutional right of

            either House to change the rules (so far as they relate to the

            procedures 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.

      (ii) During the 60-calendar-day period beginning on the date that the
    President transmits his recommendations to the Congress under subsection
    (h) [2 U.S.C. 358], it shall be in order as a matter of highest
    privilege in each House of Congress to consider a bill or joint
    resolution, if offered by the majority leader of such House (or a
    designee), approving such recommendations in their entirety.

      (3) Except as provided in paragraph (4), any recommended pay
    adjustment approved under paragraph (2) shall take effect as of the date
    proposed by the President under subsection (h) [2 U.S.C. 358] with
    respect to such adjustment.

    [[Page 1128]]

    those recommendations is signed by the President (or otherwise becomes
    law) and the earliest date as of which the President proposes (under
    subsection (h) [2 U.S.C. 358]) that any of those recommendations take
    effect, an election of Representatives shall have intervened.
      (4)(A) Notwithstanding the approval of the President's pay
    recommendations in accordance with paragraph (2), none of those
    recommendations shall take effect unless, between the date on which the
    bill or resolution approving

      (B) For purposes of this paragraph, the term ``election of
    Representatives'' means an election held on the Tuesday following the
    first Monday of November in any even-numbered calendar year.

      (j) effect of recommendations on existing law and prior
    recommendations [2 u.s.c. 360].--The recommendations of the President
    taking effect as provided in section 225(i) [2 U.S.C. 359] shall be held
    and considered to modify, supersede, or render inapplicable, as the case
    may be, to the extent inconsistent therewith--

              (A) all provisions of law enacted prior to the effective date

            or dates of all or part (as the case may be) of such

            recommendations (other than any provision of law enacted with

            respect to such recommendations in the period beginning on the

            date the President transmits his recommendations to the Congress

            under subsection (h) [2 U.S.C. 358] and ending on the date of

            their approval under subsection (i)(2) [2 U.S.C. 359(2)]), and

              (B) any prior recommendations of the President which take

            effect under this chapter.

    [[Page 1129]]

      In 1985, the Salary Act was amended to require a salary commission
    report with respect to fiscal year 1987. The President transmitted his
    recommendations concerning that report in his fiscal year 1988 Budget
    message (Jan. 5, 1987, H. Doc. 100-11). Since not disapproved by the
    Congress in accordance with the Salary Act (2 U.S.C. 359), those
    recommendations took effect on March 1, 1987. On return to the normal
    quadrennial cycle, the President transmitted with his fiscal year 1990
    Budget message recommendations concerning a salary commission report
    with respect to fiscal year 1989 (Jan. 9, 1989, H. Doc. 101-21). Those
    recommendations were disapproved by Public Law 101-1 (H. J. Res. 129,
    101st Cong., Feb. 7, 1989, p. 1708). In 1989, the Salary Act was amended
    to redesignate the Commission, refine the parameters for quadrennial
    adjustments, and provide for privileged consideration of legislation to
    approve adjustments recommended by the President. The quadrennial review
    contemplated by the statute has not occurred since 1993. Adjustments are
    to maintain equal levels of pay among the Speaker, the Vice President,
    and the Chief Justice; among the Majority and Minority Leaders, the
    President pro tempore of the Senate, and level I of the Executive
    Schedule; and among Representatives, Senators, certain judges, and level
    II of the Executive Schedule (2 U.S.C. 362).

      Under section 311(d) of the Legislative Branch Appropriations Act,
    1988 (2 U.S.C. 60a-2a), the Speaker may adjust pay levels for officers
    and employees of the House to maintain certain relationships with
    comparable levels in the Senate and in the other branches of government.
    This authority to issue ``pay orders'' is stated as follows:

      ``Sec. 311. * * * (d)(1) Notwithstanding any other provision of this
    Act, or any other provision of law, rule, or regulation, hereafter each
    time the President pro tempore of the Senate exercises any authority
    pursuant to any of the amendments made by this section with respect to
    rates of pay or any other matter relating to personnel whose pay is
    disbursed by the Secretary of the Senate, or whenever any of the events
    described in paragraph (2) occurs, the Speaker of the House of
    Representatives may adjust the rates of pay (and any minimum or maximum
    rate, limitation, or allowance) applicable to personnel whose pay is
    disbursed by the Clerk of the House of Representatives to the extent
    necessary to ensure--

              ``(A) appropriate pay levels and relationships between and

            among positions held by personnel of the House of

            Representatives; and

              ``(B) appropriate pay relationships between--

                      ``(i) positions referred to in subparagraph (A); and

                      ``(ii)(I) positions under subparagraphs (A) through

                    (D) of section 225(f) of the Federal Salary Act of 1967

                    [2 U.S.C. 356];

                      ``(II) positions held by personnel whose pay is

                    disbursed by the Secretary of the Senate; and

                      ``(III) positions to which the General Schedule

                    applies.

      ``(2) The other events permitting an exercise of authority under this
    subsection are either--

              ``(A) an adjustment under section 5303 of title 5, United

            States Code, in rates of pay under the General Schedule; or

              ``(B) an adjustment in rates of pay for Members of the House

            of Representatives (other than an adjustment which occurs by

            virtue of an adjustment described in subparagraph (A)).

      ``(3) For the purpose of this subsection, the term `Member of the
    House of Representatives' means a Member of the House of
    Representatives, a Delegate to the House of Representatives, and the
    Resident Commissioner from Puerto Rico.''

                                                               Sec. 1130(13)

             13. Energy Policy and Conservation Act [42 U.S.C. 6421]

    procedure for congressional review of presidential requests to implement
                          Part C--Congressional Review

                               certain authorities

    [[Page 1130]]

    or submitted to the Congress in accordance with the procedures of this
    section.
      Sec. 551. (a) For purposes of this section, the term ``energy action''
    means any matter required to be transmitted,

      (b) The President shall transmit any energy action (bearing an
    identification number) to both Houses of Congress on the same day. If
    both Houses are not in session on the day any energy action is received
    by the appropriate officers of each House, for purposes of this section
    such energy action shall be deemed to have transmitted on the first
    succeeding day on which both Houses are in session.

      (c)(1) Except as provided in paragraph (2) of this subsection, if
    energy action is transmitted to the Houses of Congress, such action
    shall take effect at the end of the first period of 15 calendar days of
    continuous session of Congress after the date on which such action is
    transmitted to such Houses, unless between the date of transmittal and
    the end of such 15-day period, either House passes a resolution stating
    in substance that such House does not favor such action.

      (2) An energy action described in paragraph (1) may take effect prior
    to the expiration of the 15-calendar-day period after the date on which
    such action is transmitted, if each House of Congress approves a
    resolution affirmatively stating in substance that such House does not
    object to such action.

      (d) For the purpose of subsection (c) of this section--

              (1) continuity of session is broken only by an adjournment of

            Congress sine die; and

              (2) the days on which either House is not in session because

            of an adjournment of more than 3 days to a day certain are

            excluded in the computation of the 15-calendar-day period.

      (e) Under provisions contained in an energy action, a provision of
    such an action may take effect on a date later than the date on which
    such action otherwise takes effect pursuant to the provisions of this
    section.

      (f)(1) 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 it 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 resolutions described by paragraph (2)

            of this subsection; and it supersedes other rules only to the

    [[Page 1131]]

            extent that is 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 the House.

      (2) For purposes of this subsection, the term ``resolution'' means
    only a resolution of either House of Congress described in subparagraph
    (A) or (B) of this paragraph.

              (A) A resolution the matter after the resolving clause of

            which is as follows: ``That the ------ does not object to the

            energy action numbered ------ submitted to the Congress on ----

            --, 19--.'', the first blank space therein being filled with the

            name of the resolving House and the other blank spaces being

            appropriately filled; but does not include a resolution which

            specifies more than one energy action.

              (B) A resolution the matter after the resolving clause of

            which is as follows: ``That the ------ does not favor the energy

            action numbered ------ transmitted to Congress on ------,

            19--.'', the first blank space therein being filled with the

            name of the resolving House and other blank spaces therein being

            appropriately filled; but does not include a resolution which

            specifies more than one energy action.

      (3) A resolution once introduced with respect to an energy action
    shall immediately be referred to a committee (and all resolutions with
    respect to the same plan shall be referred to the same committee) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.

      (4)(A) If the committee to which a resolution with respect to an
    energy action has been referred has not reported it at the end of 5
    calendar days after its referral, it shall be in order to move either to
    discharge the committee from further consideration of such resolution or
    to discharge the committee from further consideration of any other
    resolution with respect to such energy action which has been referred to
    the committee.

    [[Page 1132]]

    to move to reconsider the vote by which the motion was agreed to or
    disagreed to.
      (B) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same energy action), and debate thereon shall be limited to not more
    than one hour, to be divided equally between those favoring and those
    opposing the resolution. An amendment to the motion shall not be in
    order, and it shall not be in order

      (C) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same energy action.

      (5)(A) When the committee has reported, or has been discharged from
    further consideration of, a resolution, it shall be at any time
    thereafter in order (even though a previous motion to the same effect
    has been disagreed to) to move to proceed to the consideration of the
    resolution. The motion shall be highly privileged and shall not be
    debatable. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to.

      (B) Debate on the resolution referred to in subparagraph (A) of this
    paragraph shall be limited to not more than 10 hours, which shall be
    divided equally between those favoring and those opposing such
    resolution. A motion further to limit debate shall not be debatable. An
    amendment to, or motion to recommit, the resolution shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which such resolution was agreed to or disagreed to; except that it
    shall be in order--

              (i) to offer an amendment in the nature of a substitute,

            consisting of the text of a resolution described in paragraph

            (2)(A) of this subsection with respect to an energy action, for

            a resolution described in paragraph (2)(B) of this subsection

            with respect to the same such action, or

              (ii) to offer an amendment in the nature of a substitute,

            consisting of the text of a resolution described in paragraph

            (2)(B) of this subsection with respect to an energy action, for

            a resolution described in paragraph (2)(A) of this subsection

            with respect to the same such action.
    The amendments described in clauses (i) and (ii) of this subparagraph
    shall not be amendable.

      (6)(A) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of a resolution and motions to proceed
    to the consideration of other business, shall be decided without debate.

    [[Page 1133]]

    Representatives, as the case may be, to the procedure relating to a
    resolution shall be decided without debate.
      (B) Appeals from the decision of the Chair relating to the application
    of the rules of the Senate or the House of

      (7) Notwithstanding any of the provisions of this subsection, if a
    House has approved a resolution with respect to an energy action, then
    it shall not be in order to consider in that House any other resolution
    with respect to the same such action.

      These statutory procedures have been used for consideration of a
    motion to discharge a committee from consideration of a resolution
    disapproving an ``energy action'' under Public Law 94-163 (Apr. 13,
    1976, p. 10794; May 27, 1976, p. 15772).

                                                               Sec. 1130(14)

         14. Extensions of Emergency Energy Authorities [42 U.S.C. 8374]

      Sec. 404. emergency authorities.--(a) coal allocation authority.--(1)
    If the President--

              (A) declares a severe energy supply interruption, as defined

            in section 3(8) of the Energy Policy and Conservation Act [42

            U.S.C. 6202(8)], or

              (B) finds, and publishes such finding, that a national or

            regional fuel supply shortage exists or may exist which the

            President determines--

                      (i) is, or is likely to be, of significant scope and

                    duration, and of an emergency nature;

                      (ii) causes, or may cause, major adverse impact on

                    public health, safety, or welfare or on the economy; and

                      (iii) results, or is likely to result, from an

                    interruption in the supply of coal or from sabotage, or

                    an act of God;
    the President may, by order, allocate (and require the transportation
    thereof) for the use of any electrical powerplant or major fuel-burning
    installation, in accordance with such terms and conditions as he may
    prescribe, to insure reliability of electric service or prevent
    unemployment, or protect public health, safety, or welfare.

      (2) For purposes of this subsection, the term ``coal'' means
    anthracite and bituminous coal and lignite (but does not mean any fuel
    derivative thereof).

    [[Page 1134]]

    or major fuelburning installation from using natural gas or petroleum,
    or both, as a primary energy source for the duration of such
    interruption. Notwithstanding any other provision of this section, any
    suspension of emission limitations or other requirements of applicable
    implementation plans, as defined in section 110(d) of the Clean Air Act
    [42 U.S.C. 7410(d)], required by such prohibition shall be issued only
    in accordance with section 110(f) of the Clean Air Act [42 U.S.C.
    7410(f)].
      (b) emergency prohibition on use of natural gas or petroleum.--If the
    President declares a severe energy supply interruption, as defined in
    section 3(8) of the Energy Policy and Conservation Act [42 U.S.C.
    6202(8)], the President may, by order, prohibit any electric powerplant

      (c) emergency stays.--The President may, by order, stay the
    application of any provision of this act, or any rule or order
    thereunder, applicable to any new or existing electric powerplant, if
    the President finds, and publishes such finding, that an emergency
    exists, due to national, regional, or systemwide shortages of coal or
    other alternate fuels, or disruption of transportation facilities, which
    emergency is likely to affect reliability of service of any such
    electric powerplant.

      (d) duration of emergency orders.--(1) Except as provided in paragraph
    (3), any order issued by the President under this section shall not be
    effective for longer than the duration of the interruption or emergency,
    or 90 days, whichever is less.

      (2) Any such order may be extended by a subsequent order which the
    President shall transmit to the Congress in accordance with section 551
    of the Energy Policy and Conservation Act [42 U.S.C. 6421]. Such order
    shall be subject to congressional review pursuant to such section.

      (3) Notwithstanding paragraph (1), the effectiveness of any order
    issued under this section shall not terminate under this subsection
    during the 15-calendar-day period during which any such subsequent order
    described in paragraph (2) is subject to congressional review under
    section 551 of the Energy Policy and Conservation Act [42 U.S.C. 6421].

                                                               Sec. 1130(15)

                  15. Nuclear Waste Fund Fees [42 U.S.C. 10222]

    [[Page 1135]]

    retary of fees pursuant to paragraphs (2) and (3) sufficient to offset
    expenditures described in subsection (d).

      Sec. 302. (a) contracts.--(1) In the performance of his functions
    under this Act, the Secretary is authorized to enter into contracts with
    any person who generates or holds title to high-level radioactive waste,
    or spent nuclear fuel, of domestic origin for the acceptance of title,
    subsequent transportation, and disposal of such waste or spent fuel.
    Such contracts shall provide for payment to the Sec

                                      * * *

      (4) Not later than 180 days after the date of enactment of this Act,
    the Secretary shall establish procedures for the collection and payment
    of the fees established by paragraph (2) and paragraph (3). The
    Secretary shall annually review the amount of the fees established by
    paragraphs (2) and (3) above to evaluate whether collection of the fee
    will provide sufficient revenues to offset the costs as defined in
    subsection (d) herein. In the event the Secretary determines that either
    insufficient or excess revenues are being collected, in order to recover
    the costs incurred by the Federal Government that are specified in
    subsection (d), the Secretary shall propose an adjustment to the fee to
    insure full cost recovery. The Secretary shall immediately transmit this
    proposal for such an adjustment to Congress. The adjusted fee proposed
    by the Secretary shall be effective after a period of 90 days of
    continuous session have elapsed following the receipt of such
    transmittal unless during such 90-day period either House of Congress
    adopts a resolution disapproving the Secretary's proposed adjustment in
    accordance with the procedures set forth for congressional review of an
    energy action under section 551 of the Energy Policy and Conservation
    Act [42 U.S.C. 6421].

                                                              Sec. 1130(16A)

                             16. Arms Export Control

                       a. arms export control act, Sec. 36

     reports on commercial and governmental military exports; congressional
                               [22 U.S.C. 2776(b)]

                                     action

    [[Page 1136]]

    offer to sell containing the information specified in * * * subsection
    (a) * * *

    A certification transmitted pursuant to this subsection shall be
    unclassified, except that the information specified in clause (ii) and
    the details of the description specified in clause (iii) of subsection
    (a) may be classified if the public disclosure thereof would be clearly
    detrimental to the security of the United States, in which case the
    information shall be accompanied by a description of the damage to the
    national security that could be expected to result from public
    disclosure of the information. The letter of offer shall not be issued
    with respect to a proposed sale to the North Atlantic Treaty
    Organization, any member country of such Organization, Japan, Australia,
    or New Zealand, if the Congress, within fifteen calendar days after
    receiving such certification, or with respect to a proposed sale to any
    other country or organization, if the Congress within thirty calendar
    days after receiving such certification, enacts a joint resolution
    prohibiting the proposed sale, unless the President states in his
    certification that an emergency exists which requires such sale in the
    national security interests of the United States. If the President
    states in his certification that an emergency exists which requires the
    proposed sale in the national security interest of the United States,
    thus waiving the congressional review requirements of this subsection,
    he shall set forth in the certification a detailed justification for his
    determination, including a description of the emergency circumstances
    which necessitate the immediate issuance of the letter of offer and a
    discussion of the national security interests involved.
      Sec. 36. * * * (b)(1) Subject to paragraph (6), in the
    case of any letter of offer to sell any defense articles or services
    under this Act for $50,000,000 or more, any design and construction
    services for $200,000,000 or more, or any major defense equipment for
    $14,000,000 or more, before such letter of offer is issued, the
    President shall submit to the Speaker of the House of Representatives
    and to the chairman of the Committee on Foreign Relations of the Senate
    a numbered certification with respect to such

      (2) Any such joint resolution shall be considered in the Senate in
    accordance with the provisions of section 601(b) of the International
    Security Assistance and Arms Export Control Act of 1976, except that for
    purposes of consideration of any joint resolution with respect to the
    North Atlantic Treaty Organization, any member country of such
    Organization, Japan, Australia, or New Zealand, it shall be in order in
    the Senate to move to discharge a committee to which such joint
    resolution was referred if such committee has not reported such joint
    resolution at the end of five calendar days after its introduction.

    [[Page 1137]]

    mittee shall be treated as highly privileged in the House of
    Representatives.

      (3) For the purpose of expediting the consideration and enactment of
    joint resolutions under this subsection, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate com

                                      * * *

      Pursuant to this provision, a motion that the House resolve itself
    into the Committee of the Whole for consideration of a concurrent (now
    joint; see P.L. 99-247) resolution disapproving an export sale of major
    defense equipment is highly privileged after the resolution has been
    reported, subject to the three-day availability requirement of clause 4
    of rule XIII (former clause 2(l)(6) of rule XI) (Oct. 14, 1981, pp.
    23796, 23871, 23872; May 7, 1986, p. 9716).

                                                              Sec. 1130(16B)

                       b. arms export control act, Sec. 36

           commercial exports of defense articles and defense services

                               [22 U.S.C. 2776(c)]

      Sec. 36. * * * (c) * * * (2) Unless the President states in his
    certification [under paragraph (1)] that an emergency exists which
    requires the proposed export in the national security interests of the
    United States, a license for export described in paragraph (1)--

              (A) in the case of a license for an export to the North

            Atlantic Treaty Organization, any member country of that

            Organization or Australia, Japan, or New Zealand, shall not be

            issued until at least 15 calendar days after the Congress

            receives such certification, and shall not be issued then if the

            Congress, within that 15-day period, enacts a joint resolution

            prohibiting the proposed export; and

              (B) in the case of a license for an export of a commercial

            communications satellite for launch from, and by nationals of,

            the Russian Federation, Ukraine, or Kazakhstan, shall not be

            issued until at least 15 calendar days after the Congress

            receives such certification, and shall not be issued then if the

            Congress, within that 15-day period, enacts a joint resolution

            prohibiting the proposed export; and

              (C) in the case of any other license, shall not be issued

            until at least 30 calendar days after the Congress receives such

            certification, and shall not be issued then if the Congress,

            within that 30-day period, enacts a joint resolution prohibiting

    [[Page 1138]]

            the proposed export.

      (3)(A) Any joint resolution under this subsection shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.

      (B) For the purpose of expediting the consideration and enactment of
    joint resolutions under this subsection, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.

                                                              Sec. 1130(16C)

                       c. arms export control act, Sec. 36

                       commercial manufacturing agreements

                               [22 U.S.C. 2776(d)]

      Sec. 36. (d)(1) In the case of an approval under section 38 of this
    Act [22 U.S.C. 2778] of a United States commercial technical assistance
    or manufacturing licensing agreement which involves the manufacture
    abroad of any item of significant combat equipment on the United States
    Munitions List, before such approval is given, the President shall
    submit a certification with respect to such proposed commercial
    agreement in a manner similar to the certification required under
    subsection (c)(1) of this section containing comparable information,
    except that the last sentence of such subsection shall not apply to
    certifications submitted pursuant to this subsection.

      (2) A certification under this subsection shall be submitted--

              (A) at least 15 days before approval is given in the case of

            an agreement for or in a country which is a member of the North

            Atlantic Treaty Organization or Australia, Japan, or New

            Zealand; and

              (B) at least 30 days before approval is given in the case of

            an agreement for or in any other country;
    unless the President states in his certification that an emergency
    exists which requires the immediate approval of the agreement in the
    national security interests of the United States.

    [[Page 1139]]

    of the emergency circumstances which necessitate the immediate approval
    of the agreement and a discussion of the national security interests
    involved.
      (3) If the President states in his certification that an emergency
    exists which requires the immediate approval of the agreement in the
    national security interests of the United States, thus waiving the
    requirements of paragraph (4), he shall set forth in the certification a
    detailed justification for his determination, including a description

      (4) Approval for an agreement subject to paragraph (1) may not be
    given under section 38 if the Congress, within the 15-day or 30-day
    period specified in paragraph (2)(A) or (B), as the case may be, enacts
    a joint resolution prohibiting such approval.

      (5)(A) Any joint resolution under paragraph (4) shall be considered in
    the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.

      (B) For the purpose of expediting the consideration and enactment of
    joint resolutions under paragraph (4), a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.

                                                              Sec. 1130(16D)

                       d. arms export control act, Sec. 3

                  third country transfer of military equipment

                                [22 U.S.C. 2753]

      Sec. 3. (a) No defense article or defense service shall be sold or
    leased by the United States Government under this Act to any country or
    international organization, and no agreement shall be entered into for a
    cooperative project (as defined in section 27 of this Act [22 U.S.C.
    2767]), unless--

                                      * * *

    [[Page 1140]]

      (2) the country or international organization shall have agreed not to
    transfer title to, or possession of, any defense article or related
    training or other defense service so furnished to it, or produced in a
    cooperative project (as defined in section 27 of this Act [22 U.S.C.
    2767]), to anyone not an officer, employee, or agent of that country or
    international organization (or the North Atlantic Treaty Organization or
    the specific member countries (other than the United States) in the case
    of a cooperative project) and not to use or permit the use of such
    article or related training or other defense service for purposes other
    than those for which furnished unless the consent of the President has
    first been obtained;

                                      * * *

      (d)(1) Subject to paragraph (5), the President may not
    give his consent under paragraph (2) of subsection (a) or under the
    third sentence of such subsection, or under section 505(a)(1) or
    505(a)(4) of the Foreign Assistance Act of 1961 [22 U.S.C. 2314(a)(1) or
    (4)], to a transfer of any major defense equipment valued (in terms of
    its original acquisition cost) at $14,000,000 or more, or any defense
    article or related training or of other defense service valued (in terms
    of its original acquisition cost) at $50,000,000 or more, unless the
    President submits to the Speaker of the House of Representatives and the
    Committee on Foreign Relations of the Senate a written certification
    with respect to such proposed transfer containing--

              (A) the name of the country or international organization

            proposing to make such transfer,

              (B) a description of the article or service proposed to be

            transferred, including its acquisition cost,

              (C) the name of the proposed recipient of such article or

            service,

              (D) the reasons for such proposed transfer, and

              (E) the date on which such transfer is proposed to be made.
    Any certification submitted to Congress pursuant to this paragraph shall
    be unclassified, except that information regarding the dollar value and
    number of articles or services proposed to be transferred may be
    classified if public disclosure thereof would be clearly detrimental to
    the security of the United States.

      (2)(A) Except as provided in subparagraph (B), unless the President
    states in the certification submitted pursuant to paragraph (1) of this
    subsection that an emergency exists which requires that consent to the
    proposed transfer become effective immediately in the national security
    interests of the United States, such consent shall not become effective
    until 30 calendar days after the date of such submission and such
    consent shall become effective then only if the Congress does not enact,
    within such 30-day period, a joint resolution prohibiting the proposed
    transfer.

    [[Page 1141]]

    transfer become effective immediately in the national security interests
    of the United States, such consent shall not become effective until
    fifteen calendar days after the date of such submission and such consent
    shall become effective then only if the Congress does not enact, with
    such fifteen-day period, a joint resolution prohibiting the proposed
    transfer.
      (B) In the case of a proposed transfer to the North Atlantic Treaty
    Organization, or any member country of such Organization, Japan,
    Australia, or New Zealand, unless the President states in the
    certification submitted pursuant to paragraph (1) of this subsection
    that an emergency exists which requires that consent to the proposed

      (C) If the President states in his certification under subparagraph
    (A) or (B) that an emergency exists which requires that consent to the
    proposed transfer become effective immediately in the national security
    interests of the United States, thus waiving the requirements of that
    subparagraph, the President shall set forth in the certification a
    detailed justification for his determination, including a description of
    the emergency circumstances which necessitate immediate consent to the
    transfer and a discussion of the national security interests involved.

      (D)(i) Any joint resolution under this paragraph shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.

      (ii) For the purpose of expediting the consideration and enactment of
    joint resolutions under this paragraph, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.

      (3)(A) Subject to paragraph (5), the President may not
    give his consent to the transfer of any major defense equipment valued
    (in terms of its original acquisition cost) at $14,000,000 or more, or
    any defense article or defense service valued (in terms of its original
    acquisition cost) at $50,000,000 or more, the export of which has been
    licensed or approved under section 38 of this Act [22 U.S.C. 2778],
    unless before giving such consent the President submits to the Speaker
    of the House of Representatives and the Chairman of the Committee on
    Foreign Relations of the Senate a certification containing the
    information specified in subparagraphs (A) through (E) of paragraph (1).
    Such certification shall be submitted--

              (i) at least 15 calendar days before such consent is given in

            the case of a transfer to a country which is a member of the

            North Atlantic Treaty Organization or Australia, Japan, or New

            Zealand; and

              (ii) at least 30 calendar days before such consent is given in

    [[Page 1142]]

    unless the President states in his certification that an emergency
    exists which requires that consent to the proposed transfer become
    effective immediately in the national security interests of the United
    States. If the President states in his certification that such an
    emergency exists (thus waiving the requirements of clause (i) or (ii),
    as the case may be, and of subparagraph (B)) the President shall set
    forth in the certification a detailed justification for his
    determination, including a description of the emergency circumstances
    which necessitate that consent to the proposed transfer become effective
    immediately and a discussion of the national security interests
    involved.
            the case of a transfer to any other country,

      (B) Consent to a transfer subject to subparagraph (A) shall become
    effective after the end of the 15-day or 30-day period specified in
    subparagraph (A)(i) or (ii), as the case may be, only if the Congress
    does not enact, within that period, a joint resolution prohibiting the
    proposed transfer.

      (C)(i) Any joint resolution under this paragraph shall be considered
    in the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.

      (ii) For the purpose of expediting the consideration and enactment of
    joint resolutions under this paragraph, a motion to proceed to the
    consideration of any such joint resolution after it has been reported by
    the appropriate committee shall be treated as highly privileged in the
    House of Representatives.

      (4) This subsection shall not apply--

              (A) to transfers of maintenance, repair, or overhaul defense

            services, or of the repair parts of other defense articles used

            in furnishing such services, if the transfer will not result in

            any increase, relative to the original specifications, in the

            military capability of the defense articles and services to be

            maintained, repaired, or overhauled;

              (B) to temporary transfers of defense articles for the sole

            purpose of receiving maintenance, repair, or overhaul; or

              (C) to arrangements among members of the North Atlantic Treaty

            Organization or between the North Atlantic Treaty Organization

            and any of its member countries--

                      (i) for cooperative cross servicing, or

                      (ii) for lead-nation procurement if the certification

    [[Page 1143]]

                    transmitted to the Congress pursuant to

                    section 36(b) of this Act [22 U.S.C. 2776(b)] with

                    regard to such lead-nation procurement identified the

                    transferees on whose behalf the lead-nation procurement

                    was proposed.

      (5) In the case of a transfer to a member country of the North
    Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand
    that does not authorize a new sales territory that includes any country
    other than such countries, the limitations on consent of the President
    set forth in paragraphs (1) and (3)(A) shall apply only if the transfer
    is--

              (A) a transfer of major defense equipment valued (in terms of

            its original acquisition cost) at $25,000,000 or more; or

              (B) a transfer of defense articles or defense services valued

            (in terms of its original acquisition cost) at $100,000,000 or

            more.

                                      * * *

                                                              Sec. 1130(16E)

                  e. arms export control act, Sec. Sec. 62, 63

                           leases of defense articles

                           [22 U.S.C. 2796a and 2796b]

      Sec. 62. reports to the congress.--(a) Before entering into or
    renewing any agreement with a foreign country or international
    organization to lease any defense article under this chapter, or to loan
    any defense article under chapter 2 of part II of the Foreign Assistance
    Act of 1961 [22 U.S.C. 2311], for a period of one year or longer, the
    President shall transmit to the Speaker of the House of Representatives,
    and to the chairman of the Committee on Foreign Relations of the Senate
    and the chairman of the Committee on Armed Services of the Senate, a
    written certification which specifies--

              (1) the country or international organization to which the

            defense article is to be leased or loaned;

              (2) the type, quantity, and value (in terms of replacement

            cost) of the defense article to be leased or loaned;

              (3) the terms and duration of the lease or loan; and

              (4) a justification for the lease or loan, including an

            explanation of why the defense article is being leased or loaned

    [[Page 1144]]

            rather than sold under this Act.

      (b) The President may waive the requirements of this section (and in
    the case of an agreement described in section 63 [22 U.S.C. 2796b], may
    waive the provisions of that section) if he states in his certification,
    that an emergency exists which requires that the lease or loan be
    entered into immediately in the national security interests of the
    United States. If the President states in his certification that such an
    emergency exists, he shall set forth in the certification a detailed
    justification for his determination, including a description of the
    emergency circumstances which necessitate that the lease be entered into
    immediately and a discussion of the national security interests
    involved.

      (c) The certification required by subsection (a) shall be
    transmitted--

              (1) not less than 15 calendar days before the agreement is

            entered into or renewed in the case of an agreement with the

            North Atlantic Treaty Organization, any member country of that

            Organization or Australia, Japan, or New Zealand; and

              (2) not less than 30 calendar days before the agreement is

            entered into or renewed in the case of an agreement with any

            other organization or country.

      Sec. 63. legislative review.--(a)(1) Subject to paragraph
    (2), in the case of any agreement involving the lease under this
    chapter, or the loan under chapter 2 of part II of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2311], to any foreign country or
    international organization for a period of one year or longer of any
    defense articles which are either (i) major defense equipment valued (in
    terms of its replacement cost less any depreciation in its value) at
    $14,000,000 or more, or (ii) defense articles valued (in terms of their
    replacement cost less any depreciation in their value) at $50,000,000 or
    more, the agreement may not be entered into or renewed if the Congress,
    within the 15-day or 30-day period specified in section 62(c) (1) or
    (2), as the case may be, enacts a joint resolution prohibiting the
    proposed lease or loan.

    [[Page 1145]]

      (2) In the case of an agreement described in paragraph (1) that is
    entered into with a member country of the North Atlantic Treaty
    Organization (NATO) or Australia, Japan, or New Zealand, the limitations
    in paragraph (1) shall apply only if the agreement involves a lease or
    loan of--

              (A) major defense equipment valued (in terms of its

            replacement cost less any depreciation in its value) at

            $25,000,000 or more; or

              (B) defense articles valued (in terms of their replacement

            cost less any depreciation in their value) at $100,000,000 or

            more.

      (b) Any joint resolution under subsection (a) shall be considered in
    the Senate in accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of 1976.

      (c) For the purpose of expediting the consideration and enactment of
    joint resolutions under subsection (a), a motion to proceed to the
    consideration of any such resolution after it has been reported by the
    appropriate committee shall be treated as highly privileged in the House
    of Representatives.

                                                               Sec. 1130(17)

       17. Federal Election Commission Regulations, Sec. 311(d) [2 U.S.C.

                                     438(d)]

      Sec. 311. * * * (d)(1) Before prescribing any rule, regulation, or
    form under this section or any other provision of this Act, the
    Commission shall transmit a statement with respect to such rule,
    regulation, or form to the Senate and the House of Representatives, in
    accordance with this subsection. Such statement shall set forth the
    proposed rule, regulation, or form, and shall contain a detailed
    explanation and justification of it.

      (2) If either House of the Congress does not disapprove by resolution
    any proposed rule or regulation submitted by the Commission under this
    section within 30 legislative days after the date of the receipt of such
    proposed rule or regulation or within 10 legislative days after the date
    of receipt of such proposed form, the Commission may prescribe such
    rule, regulation, or form.

      (3) For purposes of this subsection, the term ``legislative day''
    means, with respect to statements transmitted to the Senate, any
    calendar day on which the Senate is in session, and with respect to
    statements transmitted to the House of Representatives, any calendar day
    on which the House of Representatives is in session.

      (4) For purposes of this subsection, the terms ``rule'' and
    ``regulation'' mean a provision or series of interrelated provisions
    stating a single, separate rule of law.

    [[Page 1146]]

    rule, regulation, or form or a motion to proceed to the consideration of
    such a resolution, is highly privileged and shall be decided without
    debate.
      (5)(A) A motion to discharge a committee of the Senate from the
    consideration of a resolution relating to any such

      (B) Whenever a committee of the House of Representatives reports any
    resolution relating to any such form, rule or regulation, it is at any
    time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) to move to proceed to the consideration of
    the resolution. The motion is highly privileged and is not debatable. An
    amendment to the motion is not in order, and is not in order to move to
    reconsider the vote by which the motion is agreed to or disagreed with.

    18. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8 and 9 [15
                                                               Sec. 1130(18)

                              U.S.C. 719f and 719g]

                              congressional review

      Sec. 8. * * * (c) For purposes of this section--

              (1) continuity of session of Congress is broken only by an

            adjournment sine die; and

              (2) the days on which either House is not in session because

            of an adjournment of more than 3 days to a day certain are

            excluded in the computation of the 60-day calendar period.

      (d)(1) This subsection is enacted by Congress--

              (A) as an exercise of the rulemaking power of each House of

            Congress, respectively, and as such it 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 resolutions described by paragraph (2) of this

            subsection; and it supersedes other rules only to the extent

            that it is inconsistent therewith; and

              (B) with full recognition of the constitutional right of

            either House to change the rules (so far as those rules relate

            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 such

            House.

    [[Page 1147]]

    mitted with the President's decision are in compliance with the Natural
    [so in original] Environmental Policy Act of 1969.''; the blank space
    therein shall be filled with the date on which the President submits his
    decision to the House of Representatives and the Senate; or (B) a joint
    resolution described in subsection (g) of this section.
      (2) For purposes of this Act, the term ``resolution'' means (A) a
    joint resolution, the resolving clause of which is as follows: ``That
    the House of Representatives and Senate approve the Presidential
    decision on an Alaska natural gas transportation system submitted to the
    Congress on ------, 19--, and find that any environmental impact
    statements prepared relative to such system and sub

      (3) A resolution once introduced with respect to a Presidential
    decision on an Alaska natural gas transportation system shall be
    referred to one or more committees (and all resolutions with respect to
    the same Presidential decision on an Alaska natural gas transportation
    system shall be referred to the same committee or committees) by the
    President of the Senate or the Speaker of the House of Representatives,
    as the case may be.

      (4)(A) If any committee to which a resolution with respect to a
    Presidential decision on an Alaska natural gas transportation system has
    been referred has not reported it at the end of 30 calendar days after
    its referral, it shall be in order to move either to discharge such
    committee from further consideration of such resolution or to discharge
    such committee from consideration of any other resolution with respect
    to such Presidential decision on an Alaska natural gas transportation
    system which has been referred to such committee.

      (B) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same Presidential decision on an Alaska natural gas transportation
    system), and debate thereon shall be limited to not more than 1 hour, to
    be divided equally between those favoring and those opposing the
    resolution. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to.

      (C) If the motion to discharge is agreed to or disagreed to, the
    motion may not be made with respect to any other resolution with respect
    to the same Presidential decision on an Alaska natural gas
    transportation system.

    [[Page 1148]]

    shall be highly privileged and shall not be debatable. An amendment to
    the motion shall not be in order, and it shall not be in order to move
    to reconsider the vote by which the motion was agreed to or disagreed
    to.
      (5)(A) When any committee has reported, or has been discharged from
    further consideration of, a resolution, but in no case earlier than 30
    days after the date or receipt of the President's decision to the
    Congress, it shall be at any time thereafter in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion

      (B) Debate on the resolution described in subsection (d)(2)(A) shall
    be limited to not more than 10 hours and on any resolution described in
    subsection (g) to one hour. This time shall be divided equally between
    those favoring and those opposing such resolution. A motion further to
    limit debate shall not be debatable. An amendment to, or motion to
    recommit the resolution shall not be in order, and it shall not be in
    order to move to reconsider the vote by which such resolution was agreed
    to or disagreed to or, thereafter within such 60-day period, to consider
    any other resolution respecting the same Presidential decision.

      (6)(A) Motions to postpone, made with respect to the discharge from
    committee, or the consideration of a resolution and motions to proceed
    to the consideration of other business, shall be decided without debate.

      (B) Appeals from the decision of the Chair relating to the application
    of the rules of the Senate or the House of Representatives, as the case
    may be, to the procedures relating to a resolution shall be decided
    without debate.

                                      * * *

      (g)(1) At any time after a decision designating a transportation
    system is submitted to the Congress pursuant to this section, if the
    President finds that any provision of law applicable to actions to be
    taken under subsection (a) or (c) of section 9 (15 U.S.C. 719g(a) or
    (c)) require waiver in order to permit expeditious construction and
    initial operation of the approved transportation system, the President
    may submit such proposed waiver to both Houses of Congress.

      (2) Such provision shall be waived with respect to actions to be taken
    under subsection (a) or (c) of section 9 [15 U.S.C. 719g(a) or (c)] upon
    enactment of a joint resolution pursuant to the procedures specified in
    subsection (c) and (d) of this section (other than subsection (d)(2)
    thereof) within the first period of 60 calendar days of continuous
    session of Congress beginning on the date after the date of receipt by
    the Senate and House of Representatives of such proposal.

    [[Page 1149]]

    sion of law (------) as proposed by the President, submitted to the
    Congress on ------, 19----.'' The first blank space therein being filled
    with the citation to the provision of law and the second blank space
    therein being filled with the date on which the President submits his
    decision to the House of Representatives and the Senate.
      (3) The resolving clause of the joint resolution referred to in this
    subsection is as follows: ``That the House of Representatives and Senate
    approve the waiver of the provi

      (4) In the case of action with respect to a joint resolution described
    in this subsection, the phrase ``a waiver of a provision of law'' shall
    be substituted in subsection (d) for the phrase ``the Alaska natural gas
    transportation system.''.

                                 authorizations

      Sec. 9. (a) To the extent that the taking of any action which is
    necessary or related to the construction and initial operation of the
    approved transportation system requires a certificate, right-of-way,
    permit, lease, or other authorization to be issued or granted by a
    Federal officer or agency, such Federal officer or agency shall--

              (1) to the fullest extent permitted by the provisions of law

            administered by such officer or agency, but

              (2) without regard to any provision of law which is waived

            pursuant to section 8(g) [15 U.S.C. 719f(g)] issue or grant such

            certificates, permits, rights-of-way, leases, and other

            authorizations at the earliest practicable date.

                                      * * *

      (c) Any certificate, right-of-way, permit, lease, or other
    authorization issued or granted pursuant to the direction under
    subsection (a) shall include the terms and conditions required by law
    unless waived pursuant to a resolution under section 8(g) [15 U.S.C.
    719f(g)], and may include terms and conditions permitted by law, except
    that with respect to terms and conditions permitted but not required,
    the Federal officer or agency, notwithstanding any such other provision
    of law, shall have no authority to include terms and conditions as would
    compel a change in the basic nature and general route of the approved
    transportation system or those the inclusion of which would otherwise
    prevent or impair in any significant respect the expeditious
    construction and initial operation of such transportation system.

    [[Page 1150]]

    to a nondebatable motion to postpone to a day certain (or indefinitely)
    (Dec. 8, 1981, pp. 29972-73).
      Pursuant to section 8(d)(6)(A) of this statute [15 U.S.C.
    719f(d)(6)(A)] a privileged motion to resolve into the Committee of the
    Whole to consider a joint resolution providing a waiver of law under the
    statute is subject

                                                               Sec. 1130(19)

              19. Crude Oil Transportation Systems [43 U.S.C. 2008]

      Sec. 508. procedures for waiver of federal law.--(a) waiver of
    provisions of federal law.--The President may identify those provisions
    of Federal law (including any law or laws regarding the location of a
    crude oil transportation system but not including any provision of the
    antitrust laws) which, in the national interest, as determined by the
    President, should be waived in whole or in part to facilitate
    construction or operation of any such system approved under section 507
    [43 U.S.C. 2007] or of the Long Beach-Midland project, and he shall
    submit any such proposed waiver to both Houses of the Congress. The
    provisions so identified shall be waived with respect to actions to be
    taken to construct or operate such system or project only upon enactment
    of a joint resolution within the first period of 60 calendar days of
    continuous session of Congress beginning on the date of receipt by the
    House of Representatives and the Senate of such proposal.

    [[Page 1151]]

      (b) joint resolution.--The resolving clause of the joint resolution
    referred to in subsection (a) is as follows: ``That the House of
    Representatives and Senate approve the waiver of the provisions of law
    (------) as proposed by the President, submitted to the Congress on ----
    --, 19----.''. The first blank space therein being filled with the
    citation to the provisions of law proposed to be waived by the President
    and the second blank space therein being filled with the date on which
    the President submits his decision to waive such provisions of law to
    the House of Representatives and the Senate. Rules and procedures for
    consideration of any such joint resolution shall be governed by section
    8 (c) and (d) of the Alaskan Natural Gas Transportation Act [15 U.S.C.
    719f(c) and (d)], other than paragraph (2) of section 8(d) [15 U.S.C.
    719f(d)], except that for the purposes of this subsection, the phrase
    ``a waiver of provisions of law'' shall be substituted in section 8(d)
    [15 U.S.C. 719f(d)] each place where the phrase ``an Alaska natural gas
    transportation system'' appears.

    20. Alaska National Interest Lands Conservation Act, Sec. Sec. 1502 and
                                                               Sec. 1130(20)

                         1503 [16 U.S.C. 3232 and 3233]

                 national need mineral activity recommendations

                                [16 U.S.C. 3232]

      Sec. 1502. (a) recommendation.--At any time after December 2, 1980,
    the President may transmit a recommendation to the Congress that mineral
    exploration, development, or extraction not permitted under this Act or
    other applicable law shall be permitted in a specified area of the lands
    referred to in section 1501 [16 U.S.C. 3231]. Notice of such transmittal
    shall be published in the Federal Register. No recommendation of the
    President under this section may be transmitted to the Congress before
    ninety days after publication in the Federal Register of notice of his
    intention to submit such recommendation.

                                      * * *

      (d) approval.--Any recommendation under this section shall take effect
    only upon enactment of a joint resolution approving such recommendation
    within the first period of one hundred and twenty calendar days of
    continuous session of Congress beginning on the date after the date of
    receipt by the Senate and House of Representatives of such
    recommendation. Any recommendation of the President submitted to
    Congress under subsection (a) shall be considered received by both
    Houses for purposes of this section on the first day on which both are
    in session occurring after such recommendation is submitted.

      (e) one-hundred-and-twenty-day computation.--For purposes of this
    section--

              (1) continuity of session of Congress is broken only by an

            adjournment sine die; and

              (2) 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 of the one-hundred-and-twenty-day

    [[Page 1152]]

            calendar period.

                         expedited congressional review

                                [16 U.S.C. 3233]

      Sec. 1503. (a) rulemaking.--This subsection is enacted by Congress--

              (1) as an exercise of the rulemaking power of each House of

            Congress, respectively, and as such it is deemed a part of the

            rules of each House, respectively, but applicable only with

            respect to the procedure to be followed in the House in the case

            of resolutions described by subsection (b) of this section and

            it supersedes other rules only to the extent that it is

            inconsistent therewith; and

              (2) with full recognition of the constitutional right of

            either House to change the rules (so far as those relate 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 such House.

      (b) resolution.--For purposes of this section, the term ``resolution''
    means a joint resolution, the resolving clause of which is as follows:
    ``That the House of Representatives and Senate approve the
    recommendation of the President for ------ in ------ submitted to the
    Congress on ------, 19----.'', the first blank space therein to be
    filled in with appropriate activity, the second blank space therein to
    be filled in with the name or description of the area of land affected
    by the activity, and the third blank space therein to be filled with the
    date on which the President submits his recommendation to the House of
    Representatives and the Senate. Such resolution may also include
    material relating to the application and effect of the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321] to the recommendation.

      (c) referral.--A resolution once introduced with respect to such
    Presidential recommendation shall be referred to one or more committees
    (and all resolutions with respect to the same Presidential
    recommendation shall be referred to the same committee or committees) by
    the President of the Senate or the Speaker of the House of
    Representatives, as the case may be.

    [[Page 1153]]

      (d) other procedures.--Except as otherwise provided in this section
    the provisions of section 8(d) of the Alaska Natural Gas Transportation
    Act [15 U.S.C. 719f(d)] shall apply to the consideration of the
    resolution.

                                                              Sec. 1130(21A)

       21. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701]

                              a. land use planning

                                [43 U.S.C. 1712]

      Sec. 202. (a) The Secretary shall, with public involvement and
    consistent with the terms and conditions of this Act, develop, maintain,
    and, when appropriate, revise land use plans which provide by tracts or
    areas for the use of the public lands. Land use plans shall be developed
    for the public lands regardless of whether such lands previously have
    been classified, withdrawn, set aside, or otherwise designated for one
    or more uses.

                                      * * *

      (d) Any classification of public lands or any land use plan in effect
    on October 21, 1976, is subject to review in the land use planning
    process conducted under this section, and all public lands, regardless
    of classification, are subject to inclusion in any land use plan
    developed pursuant to this section. The Secretary may modify or
    terminate any such classification with such land use plans.

      (e) The Secretary may issue management decisions to implement land use
    plans developed or revised under this section in accordance with the
    following:

              (1) Such decisions, including but not limited to exclusions

            (that is, total elimination) of one or more of the principal or

            major uses made by a management decision shall remain subject to

            reconsideration, modification, and termination through revision

            by the Secretary or his delegate, under the provisions of this

            section, of the land use plan involved.

              (2) Any management decision or action pursuant to a management

            decision that excludes (that is, totally eliminates) one or more

            of the principal or major uses for two or more years with

            respect to a tract of land of one hundred thousand acres or more

            shall be reported by the Secretary to the House of

            Representatives and the Senate. If within ninety days from the

            giving of such notice (exclusive of days on which either House

            has adjourned for more than three consecutive days), the

            Congress adopts a concurrent resolution of nonapproval of the

    [[Page 1154]]

            management decision or

            action, then the management decision or action shall be promptly

            terminated by the Secretary. If the committee to which a

            resolution has been referred during the said ninety day period

            has not reported it at the end of thirty calendar days after its

            referral, it shall be in order to either discharge the committee

            from further consideration of such resolution or to discharge

            the committee from consideration of any other resolution with

            respect to the management decision or action. A motion to

            discharge may be made only by an individual favoring the

            resolution, shall be highly privileged (except that it may not

            be made after the committee has reported such a resolution), and

            debate thereon shall be limited to not more than one hour, to be

            divided equally between those favoring and those opposing the

            resolution. An amendment to the motion shall not be in order,

            and it shall not be in order to move to reconsider the vote by

            which the motion was agreed to or disagreed to. If the motion to

            discharge is agreed to or disagreed to, the motion may not be

            made with respect to any other resolution with respect to the

            same management decision or action. When the committee has

            reported, or has been discharged from further consideration of a

            resolution, it shall at any time thereafter be in order (even

            though a previous motion to the same effect has been disagreed

            to) to move to proceed to the consideration of the resolution.

            The motion shall be highly privileged and shall not be

            debatable. An amendment to the motion shall not be in order, and

            it shall not be in order to move to reconsider the vote by which

            the motion was agreed to or disagreed to.

                                                              Sec. 1130(21B)

                                    b. sales

                                [43 U.S.C. 1713]

    [[Page 1155]]

    tion. If the committee to which a resolution has been referred during
    the said ninety day period has not reported it at the end of thirty
    calendar days after its referral, it shall be in order to either
    discharge the committee from further consideration of such resolution or
    to discharge the committee from consideration of any other resolution
    with respect to the designation. A motion to discharge may be made only
    by an individual favoring the resolution, shall be highly privileged
    (except that it may not be made after the committee has reported such a
    resolution), and debate thereon shall be limited to not more than one
    hour, to be divided equally between those favoring and those opposing
    the resolution. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the motion
    was agreed to or disagreed to. If the motion to discharge is agreed to
    or disagreed to, the motion may not be made with respect to any other
    resolution with respect to the same designation. When the committee has
    reported, or has been discharged from further consideration of a
    resolution, it shall at any time thereafter be in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion shall be
    highly privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed to.
      Sec. 203. * * * (c) Where a tract of the public lands in excess of two
    thousand five hundred acres has been designated for sale, such sale may
    be made only after the end of the ninety days (not counting days on
    which the House of Representatives or the Senate has adjourned for more
    than three consecutive days) beginning on the day the Secretary has
    submitted notice of such designation to the Senate and the House of
    Representatives, and then only if the Congress has not adopted a
    concurrent resolution stating that such House does not approve of such
    designa

                                                              Sec. 1130(21C)

                                 c. withdrawals

                                [43 U.S.C. 1714]

    [[Page 1156]]

    tives, if the Congress has adopted a concurrent resolution stating that
    such House does not approve the withdrawal. If the committee to which a
    resolution has been referred during the said ninety day period has not
    reported it at the end of thirty calendar days after its referral, it
    shall be in order to either discharge the committee from further
    consideration of such resolution or to discharge the committee from
    consideration of any other resolution with respect to the Presidential
    recommendation. A motion to discharge may be made only by an individual
    favoring the resolution, shall be highly privileged (except that it may
    not be made after the committee has reported such a resolution), and
    debate thereon shall be limited to not more than one hour, to be divided
    equally between those favoring and those opposing the resolution. An
    amendment to the motion shall not be in order, and it shall not be in
    order to move to reconsider the vote by which the motion was agreed to
    or disagreed to. If the motion to discharge is agreed to or disagreed
    to, the motion may not be made with respect to any other resolution with
    respect to the same Presidential recommendation. When the committee has
    reported, or has been discharged from further consideration of a
    resolution, it shall at any time thereafter be in order (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the resolution. The motion shall be
    highly privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed to.
      Sec. 204. * * * (c)(1) On and after the dates of approval of this Act
    a withdrawal aggregating five thousand acres or more may be made (or
    such a withdrawal or any other withdrawal involving the aggregate five
    thousand acres or more which terminates after such date of approval may
    be extended) only for a period of not more than twenty years by the
    Secretary on his own motion or upon request by a department or agency
    head. The Secretary shall notify both Houses of Congress of such a
    withdrawal no later than its effective date and the withdrawal shall
    terminate and become effective at the end of ninety days (not counting
    days on which the Senate or the House of Representatives has adjourned
    for more than three consecutive days) beginning on the day notice of
    such withdrawal has been submitted to the Senate and to the House of
    Representa

                                                              Sec. 1130(21D)

                            d. review of withdrawals

                                [43 U.S.C. 1714]

    [[Page 1157]]

    the Fish and Wildlife Service, the National Wild and Scenic Rivers
    System, and the National System of Trails; and (2) all public lands
    administered by the Bureau of Land Management and of lands in the
    National Forest System (except those in wilderness areas, and those
    areas formally identified as primitive or natural areas or designated as
    national recreation areas) which closed the lands to appropriation under
    the Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22) or to
    leasing under the Mineral Leasing Act of 1920 (41 Stat. 437, as amended;
    30 U.S.C. 181).
      Sec. 204. * * * (l)(1) The Secretary shall, within fifteen years of
    October 21, 1976, review withdrawals existing on the date of approval of
    this Act, in the States of Arizona, California, Colorado, Idaho,
    Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming of
    (1) all Federal lands other than withdrawals of the public lands
    administered by the Bureau of Land Management and of lands which, on the
    date of approval of this Act, were part of Indian reservations and other
    Indian holdings, the National Forest System, the National Park System,
    the National Wildlife Refuge System, other lands administered by the
    Fish and Wildlife Service or the Secretary through

    [[Page 1158]]

    the motion shall not be in order, and it shall not be in order to move
    to reconsider the vote by which the motion was agreed to or disagreed
    to. If the motion to discharge is agreed to or disagreed to, the motion
    may not be made with respect to any other resolution with respect to the
    same Presidential recommendation. When the committee has reported, or
    has been discharged from further consideration of a resolution, it shall
    at any time thereafter be in order (even though a previous motion to the
    same effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly privileged
    and shall not be debatable. An amendment to the motion shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which the motion was agreed to or disagreed to.
      (2) In the review required by paragraph (1) of this subsection, the
    Secretary shall determine whether, and for how long, the continuation of
    the existing withdrawal of the lands would be, in his judgment,
    consistent with the statutory objectives of the programs for which the
    lands were dedicated and of the other relevant programs. The Secretary
    shall report his recommendations to the President, together with
    statements of concurrence or nonconcurrence submitted by the heads of
    the departments or agencies which administer the lands. The President
    shall transmit this report to the President of the Senate and the
    Speaker of the House of Representatives, together with his
    recommendations for action by the Secretary, or for legislation. The
    Secretary may act to terminate withdrawals other than those made by Act
    of the Congress in accordance with the recommendations of the President
    unless before the end of ninety days (not counting days on which the
    Senate and the House of Representatives has adjourned for more than
    three consecutive days) beginning on the day the report of the President
    has been submitted to the Senate and the House of Representatives the
    Congress has adopted a concurrent resolution indicating otherwise. If
    the committee to which a resolution has been referred during the said
    ninety day period has not reported it at the end of thirty calendar days
    after its referral, it shall be in order to either discharge the
    committee from further consideration of such resolution or to discharge
    the committee from consideration of any other resolution with respect to
    the Presidential recommendation. A motion to discharge may be made only
    by an individual favoring the resolution, shall be highly privileged
    (except that it may not be made after the committee has reported such a
    resolution), and debate thereon shall be limited to not more than one
    hour, to be divided equally between those favoring and those opposing
    the resolution. An amendment to

                                                               Sec. 1130(22)

        22. Marine Fisheries Conservation Act, Sec. 203 [16 U.S.C. 1823]

      Sec. 203. congressional oversight of international fishery
    agreements.--(a) in general.--No governing international fishery
    agreement, bycatch reduction agreement, or Pacific Insular Area fishery
    agreement shall become effective with respect to the United States
    before the close of the first 120 days (excluding any days in a period
    for which the Congress is adjourned sine die) after the date on which
    the President transmits to the House of Representatives and to the
    Senate a document setting forth the text of such governing international
    fishery agreement, bycatch reduction agreement, or Pacific Insular Area
    fishery agreement. A copy of the document shall be delivered to each
    House 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) referral to committees.--Any document described in subsection (a)
    shall be immediately referred in the House of Representatives to the
    Committee on Resources, and in the Senate to the Committees on Commerce
    and Foreign Relations.

      (c) congressional procedures.--(1) rules of the house of
    representatives and senate.--The provisions of this section are enacted
    by the Congress--

              (A) as an exercise of the rulemaking power of the House of

            Representatives and the Senate, respectively, and they are

    [[Page 1159]]

            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 fishery

            agreement resolutions described in paragraph (2), 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 they relate to the

            procedure of that House) at any time, and in the same manner and

            to the same extent as in the case of any other rule of that

            House.

      (2) definition.--For purposes of this subsection, the term ``fishery
    agreement resolution'' refers to a joint resolution of either House of
    Congress--

              (A) the effect of which is to prohibit the entering into force

            and effect of any governing international fishery agreement,

            bycatch reduction agreement, or Pacific Insular Area fishery

            agreement the text of which is transmitted to the Congress

            pursuant to subsection (a); and

              (B) which is reported from the Committee on Resources of the

            House of Representatives or the Committee on Commerce or the

            Committee on Foreign Relations of the Senate, not later than 45

            days after the date on which the document described in

            subsection (a) relating to that agreement is transmitted to the

            Congress.

      (3) placement on calendar.--Any fishery agreement resolution upon
    being reported shall immediately be placed on the appropriate calendar.

      (4) floor consideration in the house.--

              (A) A motion in the House of Representatives to proceed to the

            consideration of any fishery agreement 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 in the House of Representatives on any fishery

            agreement resolution shall be limited to not more than 10 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

            any fishery agreement resolution or to move to reconsider the

            vote by which any fishery agreement resolution is agreed to or

    [[Page 1160]]

            disagreed to.

              (C) Motions to postpone, made in the House of Representatives

            with respect to the consideration of any fishery agreement

            resolution, and motions to proceed to the consideration of other

            business, shall be decided without debate.

              (D) 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 any fishery agreement resolution shall

            be decided without debate.

              (E) Except to the extent specifically provided in the

            preceding provisions of this subsection, consideration of any

            fishery agreement resolution shall be governed by the Rules of

            the House of Representatives applicable to other bills and

            resolutions in similar circumstances.

                                                               Sec. 1130(23)

         23. Outer Continental Shelf Lands Act, Sec. 8 [43 U.S.C. 1337]

      Sec. 8. (a)(1) The Secretary is authorized to grant to the highest
    responsible qualified bidder or bidders by competitive bidding, under
    regulations promulgated in advance, any oil and gas lease on submerged
    lands of the Outer Continental Shelf which are not covered by leases
    meeting the requirements of subsection (a) of section 6 of this Act [43
    U.S.C. 1335(a)]. * * *

                                      * * *

      (4)(A) The Secretary of Energy shall submit any bidding system
    authorized in subparagraph (H) of paragraph (1) to the Senate and House
    of Representatives. The Secretary may institute such bidding system
    unless either the Senate or the House of Representatives passes a
    resolution of disapproval within thirty days after receipt of the
    bidding system.

      (B) Subparagraphs (C) through (J) of this paragraph are enacted by
    Congress--

              (i) as an exercise of the rulemaking power of the Senate and

            the House of Representatives, respectively, and as such they are

            deemed a part of the rules of each House, respectively, but they

            are applicable only with respect to the procedures to be

            followed in that House in the case of resolutions described by

    [[Page 1161]]

            this paragraph, and they supersede other

            rules only to the extent that they are inconsistent therewith;

            and

              (ii) 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.

      (C) A resolution disapproving a bidding system submitted pursuant to
    this paragraph shall immediately be referred to a committee (and all
    resolutions with respect to the same request shall be referred to the
    same committee) by the President of the Senate or the Speaker of the
    House of Representatives, as the case may be.

      (D) If the committee to which has been referred any resolution
    disapproving the bidding system of the Secretary has not reported the
    resolution at the end of ten calendar days after its referral, it shall
    be 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 with respect to the same
    bidding system which has been referred to the committee.

      (E) A motion to discharge may be made only by an individual favoring
    the resolution, shall be highly privileged (except that it may not be
    made after the committee has reported a resolution with respect to the
    same recommendation), and debate thereon shall be limited to not more
    than one hour, to be divided equally between those favoring and those
    opposing the resolution. An amendment to the motion shall not be in
    order, and it shall not be in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to.

      (F) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect to
    the same bidding system.

    [[Page 1162]]

    to move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (G) When the committee has reported, or has been discharged from
    further consideration of, a resolution as provided in this paragraph, it
    shall be at any time thereafter in order (even though a previous motion
    to the same effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly privileged
    and shall not be debatable. An amendment to the motion shall not be in
    order, and it shall not be in order

      (H) Debate on the resolution is limited to not more than two hours, to
    be divided equally between those favoring and those opposing the
    resolution. A motion further to limit debate is not debatable. An
    amendment to, or motion to recommit, the resolution is not in order, and
    it is not in order to move to reconsider the vote by which the
    resolution is agreed to or disagreed to.

      (I) Motions to postpone, made with respect to the discharge from the
    committee, or the consideration of a resolution with respect to a
    bidding system, and motions to proceed to the consideration of other
    business, shall be decided without debate.

      (J) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution with
    respect to a bidding system shall be decided without debate.

                                                              Sec. 1130(24A)

     a. high-level radioactive waste and spent nuclear fuel, Sec. Sec. 111-
             24. Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101]

                           125 [42 u.s.c. 10131-10145]

                  review of repository site selection, Sec. 115

                                [42 U.S.C. 10135]

    [[Page 1163]]

      Sec. 115. (a) definition.--For purposes of this section, the term
    ``resolution of repository siting approval'' means a joint resolution of
    the Congress, the matter after the resolving clause of which is as
    follows: ``That there hereby is approved the site at ------ for a
    repository, with respect to which a notice of disapproval was submitted
    by ------ on ------''. The first blank space in such resolution shall be
    filled with the name of the geographic location of the proposed site of
    the repository to which such resolution pertains; the second blank space
    in such resolution shall be filled with the designation of the State
    Governor and legislature or Indian tribe governing body submitting the
    notice of disapproval to which such resolution pertains; and the last
    blank space in such resolution shall be filled with the date of such
    submission.

      (b) state or indian tribe petitions.--The designation of a site as
    suitable for application for a construction authorization for a
    repository shall be effective at the end of the 60-day period beginning
    on the date that the President recommends such site to the Congress
    under section 114, unless the Governor and the legislature of the State
    in which such site is located, or the governing body of an Indian tribe
    on whose reservation such site is located, as the case may be, has
    submitted to the Congress a notice of disapproval under section 116 or
    118. If any such notice of disapproval has been submitted, the
    designation of such site shall not be effective except as provided under
    subsection (c).

      (c) congressional review of petitions.--If any notice of disapproval
    of a repository site designation has been submitted to the Congress
    under section 116 or 118 after a recommendation for approval of such
    site is made by the President under section 114, such site shall be
    disapproved unless, during the first period of 90 calendar days of
    continuous session of the Congress after the date of the receipt by the
    Congress of such notice of disapproval, the Congress passes a resolution
    of repository siting approval in accordance with this subsection
    approving such site, and such resolution thereafter becomes law.

      (d) procedures applicable to the senate.--[see 42 U.S.C. 10135(d)]

                                      * * *

      (e) procedures applicable to the house of representatives.--(1) The
    provisions of this section are enacted by the Congress--

              (A) as an exercise of the rulemaking power of the House of

            Representatives, and as such they are deemed a part of the rules

            of the House, but applicable only with respect to the procedure

            to be followed in the House in the case of resolutions of

            repository siting approval, and such provisions supersede other

            rules of the House only to the extent that they are inconsistent

            with such other rules; and

              (B) with full recognition of the constitutional right of the

            House to change the rules (so far as relating to the procedure

            of the House) at any time, in the same manner and to the same

            extent as in the case of any other rule of the House.

    [[Page 1164]]

    the House to the appropriate committee or committees of the House. Any
    such resolution received from the Senate shall be held at the Speaker's
    table.
      (2) Resolutions of repository siting approval shall, upon
    introduction, be immediately referred by the Speaker of

      (3) Upon the expiration of 60 days of continuous session after the
    introduction of the first resolution of repository siting approval with
    respect to any site, each committee to which such resolution was
    referred shall be discharged from further consideration of such
    resolution, and such resolution shall be referred to the appropriate
    calendar, unless such resolution or an identical resolution was
    previously reported by each committee to which it was referred.

      (4) It shall be in order for the Speaker to recognize a Member
    favoring a resolution to call up a resolution of repository siting
    approval after it has been on the appropriate calendar for 5 legislative
    days. When any such resolution is called up, the House shall proceed to
    its immediate consideration and the Speaker shall recognize the Member
    calling up such resolution and a Member opposed to such resolution for 2
    hours of debate in the House, to be equally divided and controlled by
    such Members. When such time has expired, the previous question shall be
    considered as ordered on the resolution to adoption without intervening
    motion. No amendment to any such resolution shall be in order, nor shall
    it be in order to move to reconsider the vote by which such resolution
    is agreed to or disagreed to.

      (5) If the House receives from the Senate a resolution of repository
    siting approval with respect to any site, then the following procedures
    shall apply:

              (A) The resolution of the Senate with respect to such site

            shall not be referred to a committee.

              (B) With respect to the resolution of the House with respect

            to such site--

                      (i) the procedure with respect to that or other

                    resolutions of the House with respect to such site shall

                    be the same as if no resolution from the Senate with

                    respect to such site had been received; but

                      (ii) on any vote on final passage of a resolution of

                    the House with respect to such site, a resolution from

                    the Senate with respect to such site where the text is

                    identical shall be automatically substituted for the

                    resolution of the House.

    [[Page 1165]]

      (f) computation of days.--For purposes of this section--

              (1) continuity of session of Congress is broken only by an

            adjournment sine die; and

              (2) the days on which either House is not in session because

            of an adjournment of more than 3 days to a day certain are

            excluded in the computation of the 90-day period referred to in

            subsection (c) and the 60-day period referred to in subsections

            (d) and (e).

                                      * * *

      The first time the House considered a measure under these
    procedures was to address the proposed Yucca Mountain Repository Site
    (H. J. Res. 87, May 8, 2002, p. ----). A privileged joint resolution of
    approval called up under these procedures is subject to a point of order
    under section 425 of the Congressional Budget Act of 1974 (relating to
    unfunded mandates) (May 8, 2002, p. ----).

                                                              Sec. 1130(24B)

        b. interim storage program, Sec. Sec. 131-37 [42 u.s.c. 10151-57]

            review of storage sites and state participation, Sec. 135

                                [42 U.S.C. 10155]

    [[Page 1166]]

      Sec. 135. * * * (d) * * * (6)(A) Upon deciding to provide an aggregate
    of 300 or more metric tons of storage capacity under subsection (a)(1)
    at any one site, the Secretary shall notify the Governor and legislature
    of the State where such site is located, or the governing body of the
    Indian tribe in whose reservation such site is located, as the case may
    be, of such decision. During the 60-day period following receipt of
    notification by the Secretary of his decision to provide an aggregate of
    300 or more metric tons of storage capacity at any one site, the
    Governor or legislature of the State in which such site is located, or
    the governing body of the affected Indian tribe where such site is
    located, as the case may be, may disapprove the provision of 300 or more
    metric tons of storage capacity at the site involved and submit to the
    Congress a notice of such disapproval. A notice of disapproval shall be
    considered to be submitted to the Congress on the date of the
    transmittal of such notice of disapproval to the Speaker of the House
    and the President pro tempore of the Senate. Such notice of disapproval
    shall be accompanied by a statement of reasons explaining why the
    provision of such storage capacity at such site was disapproved by such
    Governor or legislature or the governing body of such Indian tribe.

      (B) Unless otherwise provided by State law, the Governor or
    legislature of each State shall have authority to submit a notice of
    disapproval to the Congress under subparagraph (A). In any case in which
    State law provides for submission of any such notice of disapproval by
    any other person or entity, any reference in this subtitle to the
    Governor or legislature of such State shall be considered to refer
    instead to such other person or entity.

      (C) The authority of the Governor and legislature of each State under
    this paragraph shall not be applicable with respect to any site located
    on a reservation.

      (D) If any notice of disapproval is submitted to the Congress under
    subparagraph (A), the proposed provision of 300 or more metric tons of
    storage capacity at the site involved shall be disapproved unless,
    during the first period of 90 calendar days of continuous session of the
    Congress following the date of the receipt by the Congress of such
    notice of disapproval, the Congress passes a resolution approving such
    proposed provision of storage capacity in accordance with the procedures
    established in this paragraph and subsections (d) through (f) of section
    115 and such resolution thereafter becomes law. For purposes of this
    paragraph, the term ``resolution'' means a joint resolution of either
    House of the Congress, the matter after the resolving clause of which is
    as follows: ``That there hereby is approved the provision of 300 or more
    metric tons of spent nuclear fuel storage capacity at the site located
    at ------, with respect to which a notice of disapproval was submitted
    by ------ on ------.''. The first blank space in such resolution shall
    be filled with the geographic location of the site involved; the second
    blank space in such resolution shall be filled with the designation of
    the State Governor and legislature or affected Indian tribe governing
    body submitting the notice of disapproval involved; and the last blank
    space in such resolution shall be filled with the date of submission of
    such notice of disapproval.

      (E) For purposes of the consideration of any resolution described in
    subparagraph (D), each reference in subsections (d) and (e) of section
    115 to a resolution of repository siting approval shall be considered to
    refer to the resolution described in such subparagraph.

    [[Page 1167]]

                                      * * *

                                                              Sec. 1130(24C)

               c. monitored retrievable storage, Sec. Sec. 141-49

                         secretarial proposal, Sec. 141

                                [42 U.S.C. 10161]

      Sec. 141. * * * (b) submission of proposal by secretary.--(1) On or
    before June 1, 1985, the Secretary shall complete a detailed study of
    the need for and feasibility of, and shall submit to the Congress a
    proposal for, the construction of one or more monitored retrievable
    storage facilities for high-level radioactive waste and spent nuclear
    fuel. Each such facility shall be designed--

              (A) to accommodate spent nuclear fuel and high-level

            radioactive waste resulting from civilian nuclear activities;

              (B) to permit continuous monitoring, management, and

            maintenance of such spent fuel and waste for the foreseeable

            future;

              (C) to provide for the ready retrieval of such spent fuel and

            waste for further processing or disposal; and

              (D) to safely store such spent fuel and waste as long as may

            be necessary by maintaining such facility through appropriate

            means, including any required replacement of such facility. * *

            *

                                      * * *

      (h) participation of states and indian tribes.--Any facility
    authorized pursuant to this section shall be subject to the provisions
    of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of
    carrying out the provisions of this subsection, any reference in
    sections 115 through 118 to a repository shall be considered to refer to
    a monitored retrievable storage facility.

                            site selection, Sec. 145

                                [42 U.S.C. 10165]

    [[Page 1168]]

      Sec. 145. (a) in general.--The Secretary may select the site evaluated
    under section 144 that the Secretary determines on the basis of
    available information to be the most suitable for a monitored
    retrievable storage facility that is an integral part of the system for
    the disposal of spent nuclear fuel and high-level radioactive waste
    established under this Act.

                                      * * *

                         notice of disapproval, Sec. 146

                                [42 U.S.C. 10166]

      Sec. 146. (a) in general.--The selection of a site under section 145
    shall be effective at the end of the period of 60 calendar days
    beginning on the date of notification under such subsection, unless the
    governing body of the Indian tribe on whose reservation such site is
    located, or, if the site is not on a reservation, the Governor and the
    legislature of the State in which the site is located, has submitted to
    Congress a notice of disapproval with respect to such site. If any such
    notice of disapproval has been submitted under this subsection, the
    selection of the site under section 145 shall not be effective except as
    provided under section 115(c).

      (b) references.--For purposes of carrying out the provisions of this
    subsection, references in section 115(c) to a repository shall be
    considered to refer to a monitored retrievable storage facility and
    references to a notice of disapproval of a repository site designation
    under section 116(b) or 118(a) shall be considered to refer to a notice
    of disapproval under this section.

                                                              Sec. 1130(25A)

                    25. Defense Base Closure and Realignment

      a. defense base closure and realignment act of 1990, Sec. Sec. 2903,

                      2904, and 2908 [10 u.s.c. 2687 note]

          recommendations for base closures and realignments, Sec. 2903

      Sec. 2903. * * * (c) dod recommendations.--(1) The Secretary may, by
    no later than April 15, 1991, April 15, 1993, and April 15, 1995,
    publish in the Federal Register and transmit to the congressional
    defense committees and to the Commission a list of the military
    installations inside the United States that the Secretary recommends for
    closure or realignment * * *

    [[Page 1169]]

    findings and conclusions based on a review and analysis of the
    recommendations made by the Secretary, together with the Commission's
    recommendations for closures and realignments of military installations
    inside the United States.

      (d) review and recommendations by the commission.-- * * * (2)(A) The
    Commission shall, by no later than July 1 of each year in which the
    Secretary transmits recommendations to it pursuant to subsection (c),
    transmit to the President a report containing the Commission's

                                       * * *

      (e) review by the president.--(1) The President shall, by no later
    than July 15 of each year in which the Commission makes recommendations
    under subsection (d), transmit to the Commission and to the Congress a
    report containing the President's approval or disapproval of the
    Commission's recommendations.

      (2) If the President approves all the recommendations of the
    Commission, the President shall transmit a copy of such recommendations
    to the Congress, together with a certification of such approval.

      (3) If the President disapproves the recommendations of the
    Commission, in whole or in part, the President shall transmit to the
    Commission and the Congress the reasons for that disapproval. The
    Commission shall then transmit to the President, by no later than August
    15 of the year concerned, a revised list of recommendations for the
    closure and realignment of military installations.

      (4) If the President approves all of the revised recommendations of
    the Commission transmitted to the President under paragraph (3), the
    President shall transmit a copy of such revised recommendations to the
    Congress, together with a certification of such approval.

      (5) If the President does not transmit to the Congress an approval and
    certification described in paragraph (2) or (4) by September 1 of any
    year in which the Commission has transmitted recommendations to the
    President under this part, the process by which military installations
    may be selected for closure or realignment under this part with respect
    to that year shall be terminated.

          closure and realignment of military installations, Sec. 2904

      Sec. 2904. (a) in general.--Subject to subsection (b), the Secretary
    shall--

              (1) close all military installations recommended for closure

            by the Commission in each report transmitted to the Congress by

    [[Page 1170]]

            the President pursuant to section 2903(e);

              (2) realign all military installations recommended for

            realignment by such Commission in each such report;

              (3) carry out the privatization in place of a military

            installation recommended for closure or realignment by the

            Commission in the 2005 report only if privatization in place is

            a method of closure or realignment of the military installation

            specified in the recommendations of the Commission in such

            report and is determined by the Commission to be the most cost-

            effective method of implementation of the recommendation;

              (4) initiate all such closures and realignments no

            later than two years after the date on which the President

            transmits a report to the Congress pursuant to section 2903(e)

            containing the recommendations for such closures or

            realignments; and

              (5) complete all such closures and realignments

            no later than the end of the six-year period beginning on the

            date on which the President transmits the report pursuant to

            section 2903(e) containing the recommendations for such closures

            or realignments.

      (b) congressional disapproval.--(1) The Secretary may not carry out
    any closure or realignment recommended by the Commission in a report
    transmitted from the President pursuant to section 2903(e) if a joint
    resolution is enacted, in accordance with the provisions of section
    2908, disapproving such recommendations of the Commission before the
    earlier of--

              (A) the end of the 45-day period beginning on the date on

            which the President transmits such report; or

              (B) the adjournment of Congress sine die for the session

            during which such report is transmitted.

      (2) For purposes of paragraph (1) of this subsection and subsections
    (a) and (c) of section 2908, the days on which either House of Congress
    is not in session because of an adjournment of more than three days to a
    day certain shall be excluded in the computation of a period.

                                      * * *

           congressional consideration of commission report, Sec. 2908

    [[Page 1171]]

    a joint resolution which is introduced within the 10-day period
    beginning on the date on which the President transmits the report to the
    Congress under section 2903(e), and--
      Sec. 2908. (a) terms of the resolution.--For purposes of section
    2904(b), the term ``joint resolution'' means only

              (1) which does not have a preamble;

              (2) the matter after the resolving clause of which is as

            follows: ``That Congress disapproves the recommendations of the

            Defense Base Closure and Realignment Commission as submitted by

            the President on ------'', the blank space being filled in with

            the appropriate date; and

              (3) the title of which is as follows: ``Joint resolution

            disapproving the recommendations of the Defense Base Closure and

            Realignment Commission.''.

      (b) referral.--A resolution described in subsection (a) that is
    introduced in the House of Representatives shall be referred to the
    Committee on Armed Services of the House of Representatives. A
    resolution described in subsection (a) introduced in the Senate shall be
    referred to the Committee on Armed Services of the Senate.

      (c) discharge.--If the committee to which a resolution described in
    subsection (a) is referred has not reported such resolution (or an
    identical resolution) by the end of the 20-day period beginning on the
    date on which the President transmits the report to the Congress under
    section 2903(e), such committee shall be, at the end of such period,
    discharged from further consideration of such resolution, and such
    resolution shall be placed on the appropriate calendar of the House
    involved.

    [[Page 1172]]

    tives and is privileged in the Senate and is not debatable. The motion
    is not subject to amendment, or to a motion to postpone, or to a motion
    to proceed to the consideration of other business. 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 resolution is agreed to, the respective House shall immediately
    proceed to consideration of the joint resolution without intervening
    motion, order, or other business, and the resolution shall remain the
    unfinished business of the respective House until disposed of.
      (d) consideration.--(1) On or after the third day after the date on
    which the committee to which such a resolution is referred has reported,
    or has been discharged (under subsection (c)) from further consideration
    of, such a resolution, it is in order (even though a previous motion to
    the same effect has been disagreed to) for any Member of the respective
    House to move to proceed to the consideration of the resolution. A
    Member may make the motion only on the day after the calendar day on
    which the Member announces to the House concerned the Member's intention
    to make the motion, except that, in the case of the House of
    Representatives, the motion may be made without such prior announcement
    if the motion is made by direction of the committee to which the
    resolution was referred. All points of order against the resolution (and
    against consideration of the resolution) are waived. The motion is
    highly privileged in the House of Representa

      (2) Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than 2 hours,
    which shall be divided equally between those favoring and those opposing
    the resolution. An amendment to the resolution is not in order. A motion
    further to limit debate is in order and not debatable. A motion to
    postpone, or a motion to proceed to the consideration of other business,
    or a motion to recommit the resolution is not in order. A motion to
    reconsider the vote by which the resolution is agreed to or disagreed to
    is not in order.

      (3) Immediately following the conclusion of the debate on a resolution
    described in subsection (a) and a single quorum call at the conclusion
    of the debate if requested in accordance with the rules of the
    appropriate House, the vote on final passage of the resolution shall
    occur.

      (4) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution described
    in subsection (a) shall be decided without debate.

      (e) consideration by other house.--(1) If, before the passage by one
    House of a resolution of that House described in subsection (a), that
    House receives from the other House a resolution described in subsection
    (a), then the following procedures shall apply:

              (A) The resolution of the other House shall not be referred to

            a committee and may not be considered in the House receiving it

            except in the case of final passage as provided in subparagraph

            (B)(ii).

              (B) With respect to a resolution described in subsection (a)

            of the House receiving the resolution--

                      (i) the procedure in that House shall be the same as

                    if no resolution had been received from the other House;

    [[Page 1173]]

                    but

                      (ii) the vote on final passage shall be on the

                    resolution of the other House.

      (2) Upon disposition of the resolution received from the other House,
    it shall no longer be in order to consider the resolution that
    originated in the receiving House.

      (f) rules of the senate and house.--This section is enacted by
    Congress--

              (1) as an exercise of the rulemaking power of the Senate and

            House of Representatives, respectively, and as such it 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 resolution described in subsection (a), and it

            supersedes other rules only to the extent that it is

            inconsistent with such rules; 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.

                                      * * *

       2005 round of realignments and closures of military installations,

                                Sec. 2912

    Sec. 2912. * * *
                                      * * *

      (d) authorization of additional round; commission.--

              (1) Appointment of commission.--Subject to the certifications

            required under subsection (b), the President may commence an

            additional round for the selection of military installations for

            closure and realignment under this part in 2005 by transmitting

            to the Senate, not later than March 15, 2005, nominations

            pursuant to section 2902(c) for the appointment of new members

            to the Defense Base Closure and Realignment Commission.

              (2) Effect of failure to nominate.--If the President does not

            transmit to the Senate the nominations for the Commission by

            March 15, 2005, the process by which military installations may

            be selected for closure or realignment under this part in 2005

    [[Page 1174]]

            shall be terminated.

              (3) Members.--Notwithstanding section 2902(c)(1), the

            Commission appointed under the authority of this subsection

            shall consist of nine members.

              (4) Terms; meetings; termination.--Notwithstanding subsections

            (d), (e)(1), and (l) of section 2902, the Commission appointed

            under the authority of this subsection shall meet during

            calendar year 2005 and shall terminate on April 15, 2006.

              (5) Funding.--If no funds are appropriated to the Commission

            by the end of the second session of the 108th Congress for the

            activities of the Commission in 2005, the Secretary may transfer

            to the Commission for purposes of its activities under this part

            in that year such funds as the Commission may require to carry

            out such activities. The Secretary may transfer funds under the

            preceding sentence from any funds available to the Secretary.

            Funds so transferred shall remain available to the Commission

            for such purposes until expended.

                                      * * *

    Sec. 2914. * * *
          commission consideration of recommendations, Sec. 2914

      (d) Commission Review and Recommendations.--

              (1) In general.--Except as provided in this subsection,

            section 2903(d) shall apply to the consideration by the

            Commission of the recommendations transmitted by the Secretary

            in 2005. The Commission's report containing its findings and

            conclusions, based on a review and analysis of the Secretary's

            recommendations shall be transmitted to the President not later

            than September 8, 2005.

                                      * * *

      (e) Review by the President.--

              (1) In general.--Except as provided in this subsection,

            section 2903(e) shall apply to the review by the President of

            the recommendations of the Commission under this section, and

            the actions, if any, of the Commission in response to such

            review, in 2005. The President shall review the recommendations

            of the Secretary  and the recommendations contained in

            the report of the Commission under subsection (d) and prepare a

    [[Page 1175]]

            report, not later than September 23, 2005,

            containing the President's approval or diapproval of the

            Commission's recommendations.

              (2) Commission reconsideration.--If the Commission prepares a

            revised list of recommendations under section 2903(e)(3) in 2005

            in response to the review of the President in that year under

            paragraph (1), the Commission shall transmit the revised list to

            the President not later than October 20, 2005.

              (3) Effect of failure to transmit.--If the President

            does not transmit to Congress an approval and certification

            described in paragraph (2) or (4) of section 2903(e) by November

            7, 2005, the process by which military installations may be

            selected for closure or relignment under this part in 2005 shall

            be terminated.

              (4) Effect of transmittal.--A report of the President

            under this subsection containing the President's approval of the

            Commission's recommendations is deemed to be a report under

            section 2903(e) for purposes of sections 2904 and 2908.

                                                              Sec. 1130(25B)

        b. emergency supplemental appropriations and rescissions for the
    department of defense to preserve and enhance military readiness act of

                1994, Sec. 112 [p.l. 104-6; 10 u.s.c. 2687 note]

                  department of defense--military construction

      Sec. 112. None of the funds made available to the Department of
    Defense for any fiscal year for military construction or family housing
    may be obligated to initiate construction projects upon enactment of
    this Act for any project on an installation that--

              (1) was included in the closure and realignment

            recommendations submitted by the Secretary of Defense to the

            Base Closure and Realignment Commission on February 28, 1995,

            unless removed by the Base Closure and Realignment Commission,

            or

              (2) is included in the closure and realignment recommendation

            as submitted to Congress in 1995 in accordance with the Defense

            Base Closure and Realignment Act of 1990, as amended (Public Law

    [[Page 1176]]

    the installation as a result of the realignment: Provided further, That
    this provision will remain in effect unless the Congress enacts a Joint
    Resolution of Disapproval in accordance with the Defense Base Closure
    and Realignment Act of 1990, as amended (Public Law 101-510).
            101-510):
    Provided, That the prohibition on obligation of funds for projects
    located on an installation cited for realignment are only to be in
    effect if the function or activity with which the project is associated
    will be transferred from

                                                               Sec. 1130(26)

           26. 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

    [[Page 1177]]

                    President.

              (B) A joint resolution to which this section applies may be

            introduced at any time on or after the date on which the

            President transmits to the Congress a report 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

    [[Page 1178]]

            Member making the mo

            tion announces to the House his or her intention to do so.

              (3) 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 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 Congress a joint resolution withdrawing the
    approval of the United States from the Agreement establishing the World
    Trade Organization was considered under a special rule and failed of
    passage (H.J.Res. 90, June 21, 2000, p. ----).

     27. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]

                                                               Sec. 1130(27)

      Sec. 304. substantive regulations.

      (a) regulations.--

              (1) in general.--The procedures applicable to the regulations

            of the Board issued for the implementation of this Act, which

            shall include regulations the Board is required to issue under

            title II (including regulations on the appropriate application

            of exemptions under the laws made applicable in title II) are

            prescribed in this section.

              (2) rulemaking procedure.--Such regulations of the Board--

                      (A) shall be adopted, approved, and issued in

                    accordance with subsection (b); and

                      (B) shall consist of 3 separate bodies of regulations,

                    which shall apply, respectively, to--

    [[Page 1179]]

      (i) the Senate and Employees of the Senate;

      (ii) the House of Representatives and employees of the House of
    Representatives; and

      (iii) all other covered employees and employing offices.

      (b) adoption by the board.--The Board shall adopt the regulations
    referred to in subsection (a)(1) in accordance with the principles and
    procedures set forth in section 553 of title 5, United States Code, and
    as provided in the following provisions of this subsection:

              (1) proposal.--The Board shall publish a general notice of

            proposed rulemaking under section 553(b) of title 5, United

            States Code, but, instead of publication of a general notice of

            proposed rulemaking in the Federal Register, the Board shall

            transmit such notice to the Speaker of the House of

            Representatives and the President pro tempore of the Senate for

            publication in the Congressional Record on the first day on

            which both Houses are in session following such transmittal.

            Such notice shall set forth the recommendations of the Deputy

            Director for the Senate in regard to regulations under

            subsection (a)(2)(B)(i), the recommendations of the Deputy

            Director for the House of Representatives in regard to

            regulations under subsection (a)(2)(B)(ii), and the

            recommendations of the Executive Director for regulations under

            subsection (a)(2)(B)(iii).

              (2) comment.--Before adopting regulations, the Board shall

            provide a comment period of at least 30 days after publication

            of a general notice of proposed rulemaking.

              (3) adoption.--After considering comments, the Board shall

            adopt regulations and shall transmit notice of such action

            together with a copy of such regulations to the Speaker of the

            House of Representatives and the President pro tempore of the

            Senate for publication in the Congressional Record on the first

            day on which both Houses are in session following such

            transmittal.

              (4) recommendation as to method of approval.--The Board shall

            include a recommendation in the general notice of proposed

            rulemaking and in the regulations as to whether the regulations

            should be approved by resolution of the Senate, by resolution of

            the House of Representatives, by concurrent resolution, or by

            joint resolution.

    [[Page 1180]]

      (c) approval of regulations.--

              (1) in general.--Regulations referred to in paragraph

            (2)(B)(i) of subsection (a) may be approved by the Senate by

            resolution or by the Congress by concurrent resolution or by

            joint resolution. Regulations referred to in paragraph

            (2)(B)(ii) of subsection (a) may be approved by the House of

            Representatives by resolution or by the Congress by concurrent

            resolution or by joint resolution. Regulations referred to in

            paragraph (2)(B)(iii) may be approved by Congress by concurrent

            resolution or by joint resolution.

              (2) referral.--Upon receipt of a notice of adoption of

            regulations under subsection (b)(3), the presiding officers of

            the House of Representatives and the Senate shall refer such

            notice, together with a copy of such regulations, to the

            appropriate committee or committees of the House of

            Representatives and of the Senate. The purpose of the referral

            shall be to consider whether such regulations should be

            approved, and, if so, whether such approval should be by

            resolution of the House of Representatives or of the Senate, by

            concurrent resolution or by joint resolution.

              (3) joint referral and discharge in the senate.--The presiding

            officer of the Senate may refer the notice of issuance of

            regulations, or any resolution of approval of regulations, to

            one committee or jointly to more than one committee. If a

            committee of the Senate acts to report a jointly referred

            measure, any other committee of the Senate must act within 30

            calendar days of continuous session, or be automatically

            discharged.

              (4) one-house resolution or concurrent resolution.--In the

            case of a resolution of the House of Representatives or the

            Senate or a concurrent resolution referred to in paragraph (1),

            the matter after the resolving clause shall be the following:

            ``The following regulations issued by the Office of Compliance

            on -------- are hereby approved:'' (the blank space being

            appropriately filled in, and the text of the regulations being

            set forth).

              (5) joint resolution.--In the case of joint resolution

            referred to in paragraph (1), the matter after the resolving

            clause shall be the following: ``The following regulations

            issued by the Office of Compliance on ------ are hereby approved

            and shall have the force and effect of law:'' (the blank space

    [[Page 1181]]

            being appro

            priately filled in, and the text of the regulations being set

            forth).

      (d) issuance and effective date.--

              (1) publication.--After approval of regulations under

            subsection (c), the Board shall submit the regulations to the

            Speaker of the House of Representatives and the President pro

            tempore of the Senate for publication in the Congressional

            Record on the first day on which both Houses are in session

            following such transmittal.

              (2) date of issuance.--The date of issuance of regulations

            shall be the date on which they are published in the

            Congressional Record under paragraph (1).

              (3) effective date.--Regulations shall become effective not

            less than 60 days after the regulations are issued, except that

            the Board may provide for an earlier effective date for good

            cause found (within the meaning of section 553(d)(3) of title 5,

            United States Code) and published with the regulation.

      (e) amendment of regulations.--Regulations may be amended in the same
    manner as is described in this section for the adoption, approval, and
    issuance of regulations, except that the Board may, in its discretion,
    dispense with publications of a general notice of proposed rulemaking of
    minor, technical, or urgent amendments that satisfy the criteria for
    dispensing with publication of such notice pursuant to section 553(b)(B)
    of title 5, United States Code.

                                      * * *

      In the 104th Congress the House agreed to a concurrent resolution
    approving with changes regulations promulgated by the Office of
    Compliance under this provision (S. Con. Res. 51, Apr. 15, 1996, p.
    7515).

                                                               Sec. 1130(28)

      28. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996,

                          Sec. 204(e) [22 U.S.C. 6064]

      Sec. 204. termination of the economic embargo of cuba.

    [[Page 1182]]

    economic embargo of Cuba and to suspend the right of action created in
    section 302 [22 U.S.C. 6082] with respect to actions thereafter filed
    against the Cuban Government, to the extent that such steps contribute
    to a stable foundation for a democratically elected government in Cuba.

      (a) presidential actions.--Upon submitting a determination to the
    appropriate congressional committees under section 203(c)(1) that a
    transition government in Cuba is in power, the President, after
    consultation with the Congress, is authorized to take steps to suspend
    the

                                      * * *

      (e) review of suspension of economic embargo.--

              (1)  review.--If the President takes action under subsection

            (a) to suspend the economic embargo of Cuba, the President shall

            immediately so notify the Congress. The President shall report

            to the Congress no less frequently than every 6 months

            thereafter, until he submits a determination under section

            203(c)(3) that a democratically elected government in Cuba is in

            power, on the progress being made by Cuba toward the

            establishment of such a democratically elected government. The

            action of the President under subsection (a) shall cease to be

            effective upon the enactment of a joint resolution described in

            paragraph (2).

              (2)  joint resolutions.--For purposes of this subsection, 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 disapproves the action

            of the President under section 204(a) of the Cuban Liberty and

            Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the

            economic embargo of Cuba, notice of which was submitted to the

            Congress on ------.'', with the blank space being filled with

            the appropriate date.

              (3)  referral to committees.--Joint resolutions introduced in

            the House of Representatives shall be referred to the Committee

            on International Relations and joint resolutions introduced in

            the Senate shall be referred to the Committee on Foreign

            Relations.

              (4)  procedures.--(A) Any joint resolution shall be considered

            in the Senate in accordance with the provisions of section

            601(b) of the International Security Assistance and Arms Export

            Control Act of 1976.

              (B) For the purpose of expediting the consideration and

            enactment of joint resolutions, a motion to proceed to the

            consideration of any joint resolution after it has been reported

            by the appropriate committee shall be treated as highly

    [[Page 1183]]

            privileged in the House of Representatives.

              (C) Not more than 1 joint resolution may be considered in the

            House of Representatives and the Senate in the 6-month period

            beginning on the date on which the President notifies the

            Congress under paragraph (1) of the action taken under

            subsection (a), and in each 6-month period thereafter.

     29. Congressional Review of Agency Rulemaking [5 U.S.C. 801, 802, and
                                                               Sec. 1130(29)

                                      804]

      The following excerpts of chapter 8 of title 5, United States Code, do
    not contain privileged procedures for the consideration of a measure in
    the House. They are depicted here because they constitute rules of the
    House and potentially affect the legislative process. Detailed
    procedures for the consideration in the Senate of a joint resolution
    disapproving an agency rule may be found in the statute (5 U.S.C. 802).

      Sec. 801. congressional review.

      (a)(1)(A) Before a rule can take effect, the Federal agency
    promulgating such rule shall submit to each House of the Congress and to
    the Comptroller General a report containing--

              (i) a copy of the rule;

              (ii) a concise general statement relating to the rule,

            including whether it is a major rule; and

              (iii) the proposed effective date of the rule.

      (B) On the date of the submission of the report under subparagraph
    (A), the Federal agency promulgating the rule shall submit to the
    Comptroller General and make available to each House of Congress--

              (i) a complete copy of the cost-benefit analysis of the rule,

            if any;

              (ii) the agency's actions relevant to sections 603, 604, 605,

            607, and 609;

              (iii) the agency's actions relevant to sections 202, 203, 204,

            and 205 of the Unfunded Mandates Reform Act of 1995 [2 U.S.C.

            1532-35]; and

              (iv) any other relevant information or requirements under any

            other Act and any relevant Executive orders.

    [[Page 1184]]

    Representatives or the Senate to report a bill to amend the provision of
    law under which the rule is issued.
      (C) Upon receipt of a report submitted under subparagraph (A), each
    House shall provide copies of the report to the chairman and ranking
    member of each standing committee with jurisdiction under the rules of
    the House of

      (2)(A) The Comptroller General shall provide a report on each major
    rule to the committees of jurisdiction in each House of the Congress by
    the end of 15 calendar days after the submission or publication date as
    provided in section 802(b)(2). The report of the Comptroller General
    shall include an assessment of the agency's compliance with procedural
    steps required by paragraph (1)(B).

      (B) Federal agencies shall cooperate with the Comptroller General by
    providing information relevant to the Comptroller General's report under
    subparagraph (A).

      (3) A major rule relating to a report submitted under paragraph (1)
    shall take effect on the latest of--

              (A) the later of the date occurring 60 days after the date on

            which--

                      (i) the Congress receives the report submitted under

                    paragraph (1); or

                      (ii) the rule is published in the Federal Register, if

                    so published;

              (B) if the Congress passes a joint resolution of disapproval

            described in section 802 relating to the rule, and the President

            signs a veto of such resolution, the earlier date--

                      (i) on which either House of Congress votes and fails

                    to override the veto of the President; or

                      (ii) occurring 30 session days after the date on which

                    the Congress received the veto and objections of the

                    President; or

              (C) the date the rule would have otherwise taken effect, if

            not for this section (unless a joint resolution of disapproval

            under section 802 is enacted).

      (4) Except for a major rule, a rule shall take effect as otherwise
    provided by law after submission to Congress under paragraph (1).

      (5) Notwithstanding paragraph (3), the effective date of a rule shall
    not be delayed by operation of this chapter beyond the date on which
    either House of Congress votes to reject a joint resolution of
    disapproval under section 802.

      (b)(1) A rule shall not take effect (or continue), if the Congress
    enacts a joint resolution of disapproval, described under section 802,
    of the rule.

    [[Page 1185]]

    issued or new rule is specifically authorized by a law enacted after the
    date of the joint resolution disapproving the original rule.
      (2) A rule that does not take effect (or does not continue) under
    paragraph (1) may not be reissued in substantially the same form, and a
    new rule that is substantially the same as such a rule may not be
    issued, unless the re

      (c)(1) Notwithstanding any other provision of this section (except
    subject to paragraph (3)), a rule that would not take effect by reason
    of subsection (a)(3) may take effect, if the President makes a
    determination under paragraph (2) and submits written notice of such
    determination to the Congress.

      (2) Paragraph (1) applies to a determination made by the President by
    Executive order that the rule should take effect because such rule is--

              (A) necessary because of an imminent threat to health or

            safety or other emergency;

              (B) necessary for the enforcement of criminal laws;

              (C) necessary for national security; or

              (D) issued pursuant to any statute implementing an

            international trade agreement.

      (3) An exercise by the President of the authority under this
    subsection shall have no effect on the procedures under section 802 or
    the effect of a joint resolution of disapproval under this section.

      (d)(1) In addition to the opportunity for review otherwise provided
    under this chapter, in the case of any rule for which a report was
    submitted in accordance with subsection (a)(1)(A) during the period
    beginning on the date occurring--

              (A) in the case of the Senate, 60 session days, or

              (B) in the case of the House of Representatives, 60

            legislative days,
    before the date the Congress adjourns a session of Congress through the
    date on which the same or succeeding Congress first convenes its next
    session, section 802 shall apply to such rule in the succeeding session
    of Congress.

      (2)(A) In applying section 802 for purposes of such additional review,
    a rule described under paragraph (1) shall be treated as though--

              (i) such rule were published in the Federal Register (as a

            rule that shall take effect) on--

                      (I) in the case of the Senate, the 15th session day,

                    or

                      (II) in the case of the House of Representatives, the

                    15th legislative day,

    [[Page 1186]]

            after the succeeding session of Congress first convenes; and

              (ii) a report on such rule were submitted to Congress under

            subsection (a)(1) on such date.

      (B) Nothing in this paragraph shall be construed to affect the
    requirement under subsection (a)(1) that a report shall be submitted to
    Congress before a rule can take effect.

      (3) A rule described under paragraph (1) shall take effect as
    otherwise provided by law (including other subsections of this section).

                                      * * *

      (f) Any rule that takes effect and later is made of no force or effect
    by enactment of a joint resolution under section 802 shall be treated as
    though such rule had never taken effect.

      (g) If the Congress does not enact a joint resolution of disapproval
    under section 802 respecting a rule, no court or agency may infer any
    intent of the Congress from any action or inaction of the Congress with
    regard to such rule, related statute, or joint resolution of
    disapproval.

      Sec. 802. congressional disapproval procedure.

      (a) For purposes of this section, the term ``joint resolution'' means
    only a joint resolution introduced in the period beginning on the date
    on which the report referred to in section 801(a)(1)(A) is received by
    Congress and ending 60 days thereafter (excluding days either House of
    Congress is adjourned for more than 3 days during a session of
    Congress), the matter after the resolving clause of which is as follows:
    ``That Congress disapproves the rule submitted by the ------ relating to
    ------, and such rule shall have no force or effect.'' (The blank spaces
    being appropriately filled in).

      (b)(1) A joint resolution described in subsection (a) shall be
    referred to the committees in each House of Congress with jurisdiction.

      (2) For purposes of this section, the term ``submission or publication
    date'' means the later of the date on which--

              (A) the Congress receives the report submitted under section

            801(a)(1); or

              (B) the rule is published in the Federal Register, if so

            published.

                                      * * *

    [[Page 1187]]

    in subsection (a), then the following procedures shall apply:
      (f) If, before the passage by one House of a joint resolution of that
    House described in subsection (a), that House receives from the other
    House a joint resolution described

              (1) The joint resolution of the other House shall not be

            referred to a committee.

              (2) With respect to a joint resolution described in subsection

            (a) of the House receiving the joint resolution--

                      (A) the procedure in that House shall be the same as

                    if no joint resolution had been received from the other

                    House; but

                      (B) the vote on final passage shall be on the joint

                    resolution of the other House.

                                      * * *

      Sec. 804. definitions.

      For purposes of this chapter--

              (1) The term ``Federal agency'' means any agency as that term

            is defined in section 551(1).

              (2) The term ``major rule'' means any rule that the

            Administrator of the Office of Information and Regulatory

            Affairs of the Office of Management and Budget finds has

            resulted in or is likely to result in--

                      (A) an annual effect on the economy of $100,000,000 or

                    more;

                      (B) a major increase in costs or prices for consumers,

                    individual industries, Federal, State, or local

                    government agencies, or geographic regions; or

                      (C) significant adverse effects on competition,

                    employment, investment, productivity, innovation, or on

                    the ability of United States-based enterprises to

                    compete with foreign-based enterprises in domestic and

                    export markets.

            The term does not include any rule promulgated under the

            Telecommunications Act of 1996 and the amendments made by that

            Act.

              (3) The term ``rule'' has the meaning given such term in

            section 551, except that such term does not include--

                      (A) any rule of particular applicability, including a

                    rule that approves or prescribes for the future rates,

                    wages, prices, services, or allowances therefor,

                    corporate or financial structures, reorganizations,

                    mergers, or acquisitions thereof, or accounting

                    practices or disclosures bearing on any of the

    [[Page 1188]]

                    foregoing;

                      (B) any rule relating to agency management or

                    personnel; or

                      (C) any rule of agency organization, procedure, or

                    practice that does not substantially affect the rights

                    or obligations of non-agency parties.

                                      * * *

      Pursuant to 5 U.S.C. 801(d) notice appears in the Congressional Record
    on the 15th legislative day of a new session of Congress of the
    resubmission of all rules submitted to the House pursuant to 5 U.S.C.
    801(a)(1) during the period from 60 legislative days before the
    adjournment of a session through the convening of the next session (Mar.
    1, 2000, p. ----).

    30. Balanced Budget and Emergency Deficit Control Act [2 U.S.C. 904(i),
                                                               Sec. 1130(30)

                                   907a-907d]

    SEC. 254. REPORTS AND ORDERS.
    * * * * *
      These excerpts are provided for quick reference. They include the
    provisions of the Act that relate directly to House procedure. Sections
    258, 258A, 258B, and 258C primarily provide for reporting and
    consideration of legislation in the Senate; therefore, only portions of
    those sections are carried here. A more thorough understanding of the
    statutory scheme requires the full statutory text (see 2 U.S.C. 900).

      (i) Low-Growth Report.--At any time, CBO shall notify the Congress
    if--

              (1) during the period consisting of the quarter during which

            such notification is given, the quarter preceding such

            notification and the 4 quarters following such notification, CBO

            or OMB has determined that real economic growth is projected or

            estimated to be less than zero with respect to each of any 2

            consecutive quarters within such period; or

              (2) the most recent of the Department of Commerce's advance

            preliminary or final reports of actual real economic growth

            indicate that the rate of real economic growth for each of the

            most recently reported quarter and the immediately preceding

    * * * * *

    [[Page 1189]]

    SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
            quarter is less than one percent.

      (a) Procedures in the Event of a Low-Growth Report.--

              (1) Trigger.--Whenever CBO issues a low-growth report under

            section 254(j), the Majority Leader of the House of

            Representatives may, and the Majority Leader of the Senate

            shall, introduce a joint resolution (in the form set forth in

            paragraph (2)) declaring that the conditions specified in

            section 254(j) are met and suspending the relevant provisions of

            this title, titles III and VI of the Congressional Budget Act of

            1974, and section 1103 of title 31, United States Code.

              (2) Form of joint resolution.--

                      (A) The matter after the resolving clause in any joint

                    resolution introduced pursuant to paragraph (1) shall be

                    as follows: ``That the Congress declares that the

                    conditions specified in section 254(j) of the Balanced

                    Budget and Emergency Deficit Control Act of 1985 are

                    met, and the implementation of the Congressional Budget

                    and Impoundment Control Act of 1974, chapter 11 of title

                    31, United States Code, and part C of the Balanced

                    Budget and Emergency Deficit Control Act of 1985 are

                    modified as described in section 258(b) of the Balanced

                    Budget and Emergency Deficit Control Act of 1985.''.

                      (B) The title of the joint resolution shall be ``Joint

                    resolution suspending certain provisions of law pursuant

                    to section 258(a)(2) of the Balanced Budget and

                    Emergency Deficit Control Act of 1985.''; and the joint

                    resolution shall not contain any preamble.

              (3) Committee action.--Each joint resolution introduced

            pursuant to paragraph (1) shall be referred to the appropriate

            committees of the House of Representatives or the Committee on

            the Budget of the Senate, as the case may be; and such Committee

            shall report the joint resolution to its House without amendment

            on or before the fifth day on which such House is in session

            after the date on which the joint resolution is introduced. If

            the Committee fails to report the joint resolution within the

            five-day period referred to in the preceding sentence, it shall

    [[Page 1190]]

            be automatically discharged from further consideration of the

            joint resolution, and the joint resolution shall be placed on

            the appropriate calendar.

              (4) Consideration of joint resolution.--(A) A vote on final

            passage of a joint resolution reported to the Senate or

            discharged pursuant to paragraph (3) shall be taken on or before

            the close of the fifth calendar day of session after the date on

            which the joint resolution is reported or after the Committee

            has been discharged from further consideration of the joint

            resolution. If prior to the passage by one House of a joint

            resolution of that House, that House receives the same joint

            resolution from the other House, then--

                      (i) the procedure in that House shall be the same as

                    if no such joint resolution had been received from the

                    other House, but

                      (ii) the vote on final passage shall be on the joint

                    resolution of the other House.

            When the joint resolution is agreed to, the Clerk of the House

            of Representatives (in the case of a House joint resolution

            agreed to in the House of Representatives) or the Secretary of

            the Senate (in the case of a Senate joint resolution agreed to

            in the Senate) shall cause the joint resolution to be engrossed,

            certified, and transmitted to the other House of the Congress as

            soon as practicable.
    * * * * *

      (b) Suspension of Sequestration Procedures.--Upon the enactment of a
    declaration of war or a joint resolution described in subsection (a)--

              (1) the subsequent issuance of any sequestration report or any

            sequestration order is precluded;

              (2) sections 302(f), 310(d), 311(a), and title VI of the

            Congressional Budget Act of 1974 are suspended; and

              (3) section 1103 of title 31, United States Code, is

            suspended.

      (c) Restoration of Sequestration Procedures.--(1) In the event of a
    suspension of sequestration procedures due to a declaration of war,
    then, effective with the first fiscal year that begins in the session
    after the state of war is concluded by Senate ratification of the
    necessary treaties, the provisions of subsection (b) triggered by that
    declaration of war are no longer effective.

    [[Page 1191]]

    in subsection (a), then, effective with regard to the first fiscal year
    beginning at least 12 months after the enactment of that resolution, the
    provisions of subsection (b) triggered by that resolution are no longer
    effective.

    SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.
      (2) In the event of a suspension of sequestration procedures due to
    the enactment of a joint resolution described

      (a) Introduction of Joint Resolution.--At any time after the Director
    of OMB issues a final sequestration report under section 254 for a
    fiscal year, but before the close of the twentieth calendar day of the
    session of Congress beginning after the date of issuance of such report,
    the majority leader of either House of Congress may introduce a joint
    resolution which contains provisions directing the President to modify
    the most recent order issued under section 254 or provide an alternative
    to reduce the deficit for such fiscal year. After the introduction of
    the first such joint resolution in either House of Congress in any
    calendar year, then no other joint resolution introduced in such House
    in such calendar year shall be subject to the procedures set forth in
    this section.

      (b) Procedures for Consideration of Joint Resolutions.--
    * * * * *

              (7) Resolution from other house.--If, before the passage by

            the Senate of a joint resolution of the Senate introduced under

            subsection (a), the Senate receives from the House of

            Representatives a joint resolution introduced under subsection

            (a), then the following procedures shall apply:

                      (A) The joint resolution of the House of

                    Representatives shall not be referred to a committee and

                    shall be placed on the calendar.

                      (B) With respect to a joint resolution introduced

    [[Page 1192]]

                    under subsection (a) in the Senate--

      (i) the procedure in the Senate shall be the same as if no joint
    resolution had been received from the House; but

      (ii)(I) the vote on final passage shall be on the joint resolution of
    the House if it is identical to the joint resolution then pending for
    passage in the Senate; or

      (II) if the joint resolution from the House is not identical to the
    joint resolution then pending for passage in the Senate and the Senate
    then passes the Senate joint resolution, the Senate shall be considered
    to have passed the House joint resolution as amended by the text of the
    Senate joint resolution.

                      (C) Upon disposition of the joint resolution received

                    from the House, it shall no longer be in order to

                    consider the resolution originated in the Senate.

              (8) Senate action on house resolution.--If the Senate receives

            from the House of Representatives a joint resolution introduced

            under subsection (a) after the Senate has disposed of a Senate

            originated resolution which is identical to the House passed

            joint resolution, the action of the Senate with regard to the

            disposition of the Senate originated joint resolution shall be

            deemed to be the action of the Senate with regard to the House

            originated joint resolution. If it is not identical to the House

            passed joint resolution, then the Senate shall be considered to

            have passed the joint resolution of the House as amended by the

    SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
            text of the Senate joint resolution.

    [[Page 1193]]

    the level actually made available by law in appropriation Acts (before
    taking sequestration into account). In making calculations under this
    subsection, the President shall use account outlay rates that are
    identical to those used in the report by the Director of OMB under
    section 254.

      (a) Subject to subsections (b), (c), and (d), new budget authority and
    unobligated balances for any programs, projects, or activities within
    major functional category 050 (other than a military personnel account)
    may be further reduced beyond the amount specified in an order issued by
    the President under section 254 for such fiscal year. To the extent such
    additional reductions are made and result in additional outlay
    reductions, the President may provide for lesser reductions in new
    budget authority and unobligated balances for other programs, projects,
    or activities within major functional category 050 for such fiscal year,
    but only to the extent that the resulting outlay increases do not exceed
    the additional outlay reductions, and no such program, project, or
    activity may be increased above

      (b) No actions taken by the President under subsection (a) for a
    fiscal year may result in a domestic base closure or realignment that
    would otherwise be subject to section 2687 of title 10, United States
    Code.

      (c) The President may not exercise the authority provided by this
    paragraph for a fiscal year unless--

              (1) the President submits a single report to Congress

            specifying, for each account, the detailed changes proposed to

            be made for such fiscal year pursuant to this section;

              (2) that report is submitted within 5 calendar days of the

            start of the next session of Congress; and

              (3) a joint resolution affirming or modifying the changes

            proposed by the President pursuant to this paragraph becomes

            law.

      (d) Within 5 calendar days of session after the President submits a
    report to Congress under subsection (c)(1) for a fiscal year, the
    majority leader of each House of Congress shall (by request) introduce a
    joint resolution which contains provisions affirming the changes
    proposed by the President pursuant to this paragraph.

      (e)(1) The matter after the resolving clause in any joint resolution
    introduced pursuant to subsection (d) shall be as follows: ``That the
    report of the President as submitted on [Insert Date] under section 258B
    is hereby approved.''.

      (2) The title of the joint resolution shall be ``Joint resolution
    approving the report of the President submitted under section 258B of
    the Balanced Budget and Emergency Deficit Control Act of 1985.''.

    * * * * *

      (3) Such joint resolution shall not contain any preamble.

      (l) If, before the passage by the Senate of a joint resolution of the
    Senate introduced under subsection (d), the Senate receives from the
    House of Representatives a joint resolution introduced under subsection
    (d), then the following procedures shall apply:

              (1) The joint resolution of the House of Representatives shall

    [[Page 1194]]

            not be referred to a committee.

              (2) With respect to a joint resolution introduced under

            subsection (d) in the Senate--

                      (A) the procedure in the Senate shall be the same as

                    if no joint resolution had been received from the House;

                    but

                      (B)(i) the vote on final passage shall be on the joint

                    resolution of the House if it is identical to the joint

                    resolution then pending for passage in the Senate; or

                      (ii) if the joint resolution from the House is not

                    identical to the joint resolution then pending for

                    passage in the Senate and the Senate then passes the

                    Senate joint resolution, the Senate shall be considered

                    to have passed the House joint resolution as amended by

                    the text of the Senate joint resolution.

              (3) Upon disposition of the joint resolution received from the

            House, it shall no longer be in order to consider the joint

            resolution originated in the Senate.

      (m) If the Senate receives from the House of Representatives a joint
    resolution introduced under subsection (d) after the Senate has disposed
    of a Senate originated joint resolution which is identical to the House
    passed joint resolution, the action of the Senate with regard to the
    disposition of the Senate originated joint resolution shall be deemed to
    be the action of the Senate with regard to the House originated joint
    resolution. If it is not identical to the House passed joint resolution,
    then the Senate shall be considered to have passed the joint resolution
    of the House as amended by the text of the Senate joint resolution.

                                                               Sec. 1130(31)

                        31. Andean Counterdrug Initiative

           foreign operations, export financing, and related programs

      appropriations act, 2003 [division e of consolidated appropriations

     title II--bilateral economic assistance--andean counterdrug initiative

    * * * Provided further, That the provisions of section 3204(b) through
    (d) of Public Law 106-246, as amended by

    [[Page 1195]]

    Public Law 107-115, shall be applicable to funds appropriated for fiscal
    year 2003 * * *
    * * * * *

    emergency supplemental act, 2000 Sec. 3204 [p.l. 106-246, 114 stat. 511,
                resolution, 2003, p.l. 108-7; 117 stat. 159, 174]

    Sec. 3204. limitations on support for plan colombia and on the
    assignment of united states personnel in colombia.

                        576, as amended by p.l. 107-115]

      (a) limitation on support for plan colombia.--

              (1) limitation.--Except as provided in paragraph (2), none of

            the funds appropriated or otherwise made available by any Act

            shall be available for support of Plan Colombia unless and

            until--

                      (A) the President submits a report to Congress

                    requesting the availability of such funds; and

                      (B) Congress enacts a joint resolution approving the

                    request of the President under subparagraph (A).

              (2) exceptions.--The limitation in paragraph (1) does not

            apply to--

                      (A) appropriations made by this Act, the Foreign

                    Operations, Export Financing, and Related Programs

                    Appropriations Act, 2001, the Military Construction

                    Appropriations Act, 2001, the Commerce, Justice, State

                    and the Judiciary Appropriations Act, 2001, the Treasury

                    and General Government Appropriations Act, 2001, or the

                    Department of Defense Appropriations Act, 2001, for the

                    purpose of support of Plan Colombia; or

                      (B) the unobligated balances from any other program

                    used for their originally appropriated purpose to combat

                    drug production and trafficking, foster peace, increase

                    the rule of law, improve human rights, expand economic

                    development, and institute justice reform in the

                    countries covered by Plan Colombia.

              (3) waiver.--The limitations in subsection (a) may be waived

            by an Act of Congress.

      (b) limitation on assignment of united states personnel in colombia.--

              (1) limitation.--Except as provided in paragraph (2), none of

    [[Page 1196]]

            the funds appropriated or otherwise made

            available by this or any other Act (including funds described in

            subsection (c)) may be available for--

                      (A) the assignment of any United States military

                    personnel for temporary or permanent duty in Colombia in

                    connection with support of Plan Colombia if that

                    assignment would cause the number of United States

                    military personnel so assigned in Colombia to exceed

                    400, or

                      (B) the employment of any United States individual

                    civilian retained as a contractor in Colombia if that

                    employment would cause the total number of United States

                    individual civilian contractors employed in Colombia in

                    support of Plan Colombia who are funded by Federal funds

                    to exceed 400.

              (2) exception.--The limitation contained in paragraph (1)

            shall not apply if--

                      (A) the President submits a report to Congress

                    requesting that the limitation not apply; and

                      (B) Congress enacts a joint resolution approving the

                    request of the President under subparagraph (A).

      (c) waiver.--The President may waive the limitation in subsection
    (b)(1) for a single period of up to 90 days in the event that the Armed
    Forces of the United States are involved in hostilities or that imminent
    involvement by the Armed Forces of the United States in hostilities is
    clearly indicated by the circumstances.

      (d) statutory construction.--Nothing in this section may be construed
    to affect the authority of the President to carry out any emergency
    evacuation of United States citizens or any search or rescue operation
    for United States military personnel or other United States citizens.

      (e) report on support for plan colombia.--Not later than June 1, 2001,
    and not later than June 1 and December 1 of each of the succeeding 4
    fiscal years, the President shall submit a report to Congress setting
    forth any costs (including incremental costs incurred by the Department
    of Defense) incurred by any department, agency, or other entity of the
    executive branch of Government during the two previous fiscal quarters
    in support of Plan Colombia. Each such report shall provide an
    itemization of expenditures by each such department, agency or entity.

    [[Page 1197]]

    that shall include the aggregate number, locations, activities, and
    lengths of assignment for all temporary and permanent United States
    military personnel and United States individual civilians retained as
    contractors involved in the antinarcotics campaign in Colombia.
      (f) bimonthly reports.--Beginning within 90 days of the date of the
    enactment of this Act, and every 60 days thereafter, the President shall
    submit a report to Congress

      (g) congressional priority procedures.--

              (1) joint resolutions defined.--

                      (A) For purposes of subsection (a)(1)(B), the term

                    ``joint resolution'' means only a joint resolution

                    introduced not later than 10 days of the date on which

                    the report of the President under subsection (a)(1)(A)

                    is received by Congress, the matter after the resolving

                    clause of which is as follows: ``That Congress approves

                    the request of the President for additional funds for

                    Plan Colombia contained in the report submitted by the

                    President under section 3204(a)(1) of the 2000 Emergency

                    Supplemental Appropriations Act.''.

                      (B) For purposes of subsection (b)(2)(B), the term

                    ``joint resolution'' means only a joint resolution

                    introduced not later than 10 days of the date on which

                    the report of the President under subsection (a)(1)(A)

                    is received by Congress, the matter after the resolving

                    clause of which is as follows: ``That Congress approves

                    the request of the President for exemption from the

                    limitation applicable to the assignment of personnel in

                    Colombia contained in the report submitted by the

                    President under section 3204(b)(2)(B) of the 2000

                    Emergency Supplemental Appropriations Act.''.

              (2) procedures.--Except as provided in subparagraph (B), a

            joint resolution described in paragraph (1)(A) or (1)(B) shall

            be considered in a House of Congress in accordance with the

            procedures applicable to joint resolutions under paragraphs (3)

            through (8) of section 8066(c) of the Department of Defense

            Appropriations Act, 1985 (as contained in Public Law 98-473; 98

            Stat. 1936).

    [[Page 1198]]

    expand economic development, and institute justice reform.
    * * * * *

      (h) plan colombia defined.-- In this section, the term ``Plan
    Colombia'' means the plan of the Government of Colombia instituted by
    the administration of President Pastrana to combate drug production and
    trafficking, foster peace, increase the rule of law, improve human
    rights,

      department of defense appropriations act, 1985 Sec. 8066(c) [P.L. 98-

                          473; 98 stat. 1904, 1936-37]

      Sec. 8066 * * * (c)

      (c)(3) A resolution described in paragraph (1) introduced in the House
    of Representatives shall be referred to the Committee on Appropriations
    of the House of Representatives. A resolution described in paragraph (1)
    introduced in the Senate shall be referred to the Committee on
    Appropriations of the Senate. Such a resolution may not be reported
    before the eighth day after its introduction.

      (4) If the committee to which is referred a resolution described in
    paragraph (1) has not reported such resolution (or an identical
    resolution) at the end of fifteen calendar days after its introduction,
    such committee shall be discharged from further consideration of such
    resolution and such resolution shall be placed on the appropriate
    calendar of the House involved.

      (5)(A) When the committee to which a resolution is referred has
    reported, or has been deemed to be discharged (under paragraph (4)) from
    further consideration of, a resolution described in paragraph (1)
    notwithstanding any rule or precedent of the Senate, including Rule 22,
    it is at any time thereafter in order (even though a previous motion to
    the same effect has been disagreed to) for any Member of the respective
    House to move to proceed to the consideration of the resolution, and all
    points of order against the resolution (and against consideration of the
    resolution) are waived. The motion is highly privileged in the House of
    Representatives and is privileged in the Senate and is not debatable.
    The motion is not subject to amendment, or to a motion to postpone, or
    to a motion to proceed to the consideration of other business. 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 resolution is agreed to, the resolution shall remain the unfinished
    business of the respective House until disposed of.

    [[Page 1199]]

    between those favoring and those opposing the resolution. A motion
    further to 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 resolution is not in order.
    A motion to reconsider the vote by which the resolution is agreed to or
    disagreed to is not in order.
      (B) Debate on the resolution, and all debatable motions and appeals in
    connection therewith, shall be limited to not more than ten hours, which
    shall be divided equally

      (C) Immediately following the conclusion of the debate on a resolution
    described in paragraph (1), and a single quorum call at the conclusion
    of the debate if requested in accordance with the rules of the
    appropriate House, the vote on final passage of the resolution shall
    occur.

      (D) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of Representatives,
    as the case may be, to the procedure relating to a resolution described
    in paragraph (1) shall be decided without debate.

      (6) If, before the passage by the Senate of a resolution described in
    paragraph (1), the Senate receives from the House of Representatives a
    resolution described in paragraph (1), then the following procedures
    shall apply:

              (A) The resolution of the House of Representatives shall not

            be referred to a committee.

              (B) With respect to a resolution described in paragraph (1) of

            the Senate--

                      (i) the procedure in the Senate shall be the same as

                    if no resolution had been received from the House; but

                      (ii) the vote on final passage shall be on the

                    resolution of the House.

              (C) Upon disposition of the resolution received from the

            House, it shall no longer be in order to consider the resolution

            originated in the Senate.

      (7) If the Senate receives from the House of Representatives a
    resolution described in paragraph (1) after the Senate has disposed of a
    Senate originated resolution, the action of the Senate with regard to
    the disposition of the Senate originated resolution shall be deemed to
    be the action of the Senate with regard to the House originated
    resolution.

      (8) This subsection is enacted by Congress--

              (A) as an exercise of the rulemaking power of the Senate and

            House of Representatives, respectively, and as such it 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

    [[Page 1200]]

            in the

            case of a resolution described in paragraph (1), and it

            supercedes 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.

    * * * * *