[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 Printing Office, www.gpo.gov]



[[Page 1043]]


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                      ``CONGRESSIONAL DISAPPROVAL''

                          PROVISIONS CONTAINED


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[[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. 


* * * * *