[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 114th Congress]
[114th Congress]
[House Document 113-181]
[Legislate Procedures Enacted in Law]
[Pages 1181-1221]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                          11. Trade Provisions


           a. import relief, Sec. 203 of the trade act of 1974


                            [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.


[[Page 1182]]

  (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 


        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.

  In the 107th Congress, the House adopted a special order ``hereby'' 
laying on the table a privileged joint resolution (reported adversely by 
the Committee on Ways and Means) disapproving a steel-tariff action 
taken by the President (H. Res. 414, May 8, 2002, p. 7136).


                                                          Sec. 1130(11B)


       b. freedom of emigration, Sec. 402 of the trade act of 1974


                            [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.


[[Page 1183]]

waiver authority granted by this subsection continues to apply to such 
country pursuant to subsection (d), and if he reports to the Congress 
that--
  (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

          (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.

  (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 


[[Page 1184]]

        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.

  (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 of the trade act of 1974


                            [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.


[[Page 1185]]

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.
  (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,

  (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 1186]]

  (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 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.


d. ``fast-track'' procedures, Sec. Sec. 151-154 of the trade act of 1974

                                                          Sec. 1130(11D)


                           [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.

  (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 


[[Page 1187]]

                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 1188]]

taining 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 
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 con

  (2) On the day on which a bilateral commercial 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.

  (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.


[[Page 1189]]

ther 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--
  (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 fur

          (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.

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


[[Page 1190]]

sider the vote by which an implementing bill or approval resolution is 
agreed to or disagreed to.
  (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 recon

  (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.

  (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, 
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.


  (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.


[[Page 1191]]

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, 17813). 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). For other special 
orders altering procedures under the Trade Act of 1974, see, e.g., July 
27, 2005, p. 17978; Apr. 10, 2008, p. 5640. 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).

  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 an order of the House establishing some 
other distribution of the time); a motion to limit debate on such 
legislation


                  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 

        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.


[[Page 1192]]

and the second blank space being filled with the name of the country 
involved).
  (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,

  (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.

  (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 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.


[[Page 1193]]

order to move to reconsider the vote by which a resolution is agreed to 
or disagreed to.
  (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

  (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.

  (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.


[[Page 1194]]

  (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 

        Representatives, and such resolution, as amended, shall be 

        returned with a request for a conference between the two Houses.



[[Page 1195]]


  (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.

  (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 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.


[[Page 1196]]

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.
  (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)

  (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 1197]]

  (2) 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 to any amendment in 
disagreement shall be received unless it is a germane amendment.


           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.


                                                          Sec. 1130(11E)


  e. narcotics control provisions--trade act of 1974, Sec. Sec. 801-05


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


                    drug-transit countries, Sec. 856


                            [19 U.S.C. 2492]

  Sec. 802. tariff treatment of products of uncooperative major drug 
producing or drug-transit countries.

  (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 

        Caribbean Basin Economic Recovery Act, or any other law 


[[Page 1198]]

        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 

        certification.


[[Page 1199]]

  (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. omnibus trade and competitiveness act of 1988, Sec. 1103


sec. 1103. implementation of trade agreements
                            [19 U.S.C. 2903]

  (a) in general--

          (1) Any agreement entered into under section 1102(b) or (c) 

        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 he enters into the trade agreement, 

                notifies the House of Representatives and the Senate of 

                his intention to enter into the agreement, and promptly 

                thereafter publishes notice of such intention in the 

                Federal Register;

                  (B) after entering into the agreement, the President 

                submits a document to the House of Representatives and 

                to the Senate containing a copy of the final legal text 

                of the agreement, together with--


[[Page 1200]]

                        (i) a draft of an implementing bill,

                        (ii) a statement of any administrative action 

                    proposed to implement the trade agreement, and

                        (iii) the supporting information described in 

                    paragraph (2); and


                  (C) the implementing bill is enacted into law.


                                  * * *

  (b) application of congressional ``fast track'' procedures to 
implementing bills--

          (1) Except as provided in subsection (c) of this section--

                  (A) the provisions of section 151 of the Trade Act of 

                1974 (hereinafter in this section referred to as ``fast 

                track procedures'') apply to implementing bills 

                submitted with respect to trade agreements entered into 

                under section 1102(b) or (c) of this title before June 

                1, 1991; and

                  (B) such fast track procedures shall be extended to 

                implementing bills submitted with respect to trade 

                agreements entered into under section 2902(b) or (c) of 

                this title after May 31, 1991, and before June 1, 1993, 

                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, 1991.

          (2) If the President is of the opinion that the fast track 

        procedures should be extended to implementing bills described in 

        paragraph (1)(B), the President must submit to the Congress, no 

        later than March 1, 1991, a written report that contains a 

        request for such extension, together with--

                  (A) a description of all trade agreements that have 

                been negotiated under section 1102(b) or (c) of this 

                title and the anticipated schedule for submitting such 

                agreements to the Congress for approval;

                  (B) a description of the progress that has been made 

                in multilateral and bilateral negotiations to achieve 

                the purposes, policies, and objectives of this title, 

                and a statement that such progress justifies the 

                continuation of negotiations; and

                  (C) a statement of the reasons why the extension is 


[[Page 1201]]

                needed to complete the negotiations.

          (3) The President shall promptly inform the Advisory Committee 

        for Trade Policy and Negotiations established under section 135 

        of the Trade Act of 1974 of his decision to submit a report to 

        Congress under paragraph (2). The Advisory Committee shall 

        submit to the Congress as soon as practicable, but no later than 

        March 1, 1991, a written report that contains--

                  (A) its views regarding the progress that has been 

                made in multilateral and bilateral negotiations to 

                achieve the purposes, policies, and objectives of this 

                title; and

                  (B) a statement of its views, and the reasons 

                therefor, regarding whether the extension requested 

                under paragraph (2) should be approved or disapproved.

          (4) The reports submitted to the Congress under paragraphs (2) 

        and (3), or any portion of the reports, may be classified to the 

        extent the President determines appropriate.

          (5)(A) For purposes of this subsection, 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 1103(b)(1)(B)(i) 

        of the Omnibus Trade and Competitiveness Act of 1988, of the 

        provisions of section 151 of the Trade Act of 1974 to any 

        implementing bill submitted with respect to any trade agreement 

        entered into under section 1102(b) or (c) of such Act after May 

        31, 1991, because sufficient tangible progress has not been made 

        in trade negotiations.'', 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 jointly referred, in the House of 

                Representatives, to the Committee on Ways and Means and 

                the Committee on Rules.

          (C) The provisions of section 152(d) and (e) of the Trade Act 

        of 1974 (relating to the floor consideration of certain 

        resolutions in the House and Senate) apply to extension 

        disapproval resolutions.


[[Page 1202]]

          (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 the Committee on Rules; 

                or

                  (iii) either House of the Congress to consider an 

                extension disapproval resolution that is reported to 

                such House after May 15, 1991.

  (c) limitations on use of ``fast track'' procedures--

          (1)(A) The fast track procedures shall not apply to any 

        implementing bill submitted with respect to a trade agreement 

        entered into under section 1102(b) or (c) if both Houses of the 

        Congress separately agree to procedural disapproval resolutions 

        within any 60-day period.

          (B) Procedural disapproval resolutions--

                  (i) in the House of Representatives--

                        (I) shall be introduced by the chairman or 

                    ranking minority member of the Committee on Ways and 

                    Means or the chairman or ranking minority member of 

                    the Committee on Rules,

                        (II) shall be jointly referred to the Committee 

                    on Ways and Means and the Committee on Rules, and

                        (III) may not be amended by either Committee; 

                    and

                  (ii) in the Senate shall be original resolutions of 

                the Committee on Finance.

          (C) The provisions of section 152(d) and (e) of the Trade Act 

        of 1974 (relating to the floor consideration of certain 

        resolutions in the House and Senate) apply to procedural 

        disapproval resolutions.

          (D) 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 the Committee on Rules.

          (E) For purposes of this subsection, the term ``procedural 

        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 President has failed or refused 

        to consult with Congress on trade negotiations and trade 

        agreements in accordance with the provisions of the Omnibus 


[[Page 1203]]

        Trade and Competitiveness Act of 1988, and, therefore, the

        provisions of section 151 of the Trade Act of 1974 shall not 

        apply to any implementing bill submitted with respect to any 

        trade agreement entered into under section 1102(b) or (c) of 

        such Act of 1988, if, during the 60-day period beginning on the 

        date on which this resolution is agreed to by the ___, the ___ 

        agrees to a procedural disapproval resolution (within the 

        meaning of section 1103(c)(1)(E) of such Act of 1988).'', with 

        the first blank space being filled with the name of the 

        resolving House of the Congress and the second blank space being 

        filled with the name of the other House of the Congress.

          (2) The fast track procedures shall not apply to any 

        implementing bill that contains a provision approving of any 

        trade agreement which is entered into under section 1102(c) with 

        any foreign country if either--

                  (A) the requirements of section 1102(c)(3) are not met 

                with respect to the negotiation of such agreement; or

                  (B) the Committee on Finance of the Senate or the 

                Committee on Ways and Means of the House of 

                Representatives disapproves of the negotiation of such 

                agreement before the close of the 60-day period which 

                begins on the date notice is provided under section 

                1102(c)(3)(C)(i) with respect to the negotiation of such 

                agreement.

  (d) rules of house of representatives and senate subsections (b) and 
(c) of this section 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 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.

  (e) computation of certain periods of time--Each period of time 
described in subsection (c)(1)(A) and (E) and (2) of this section shall 
be computed without regard to--

          (1) the days on which either House of Congress is not in 


[[Page 1204]]

        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 of the Congress is not in session.


                                                          Sec. 1130(11G)

   g. 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 

        will be promoted thereby, the President--

                  (A) may enter into trade agreements with foreign 

                countries before--

                        (i) July 1, 2005; or

                        (ii) July 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.


                                  * * *


[[Page 1205]]

  (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) July 1, 2005; or

                  (ii) July 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 1206]]

          (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 July 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 April 

        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 1207]]

                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 June 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 1208]]

        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.

                * *

  (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 


[[Page 1209]]

        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. * 

        * *

  (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 1210]]

                    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 1211]]

                    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.

                  (iv)\1\ Resolutions in the Senate--
---------------------------------------------------------------------------

  \1\So in original; two clauses (iv) have been enacted.
---------------------------------------------------------------------------

                        (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)\2\ 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.
---------------------------------------------------------------------------

  \2\So in original; two clauses (iv) have been enacted.
---------------------------------------------------------------------------

                  (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.


sec. 2105. implementation of trade agreements. [19 U.S.C. 3805]

  (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. * * *

  (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 


[[Page 1212]]

                Senate of the President's in

                tention 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 

                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;


[[Page 1213]]

    (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 

        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 


[[Page 1214]]

                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 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;


[[Page 1215]]

    (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 

                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 


[[Page 1216]]

        implementing bill with respect to an agreement nego

        tiated 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 

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


        to the same extent as any other rule of that House.


                                                          Sec. 1130(11H)


  h. u.s. participation in wto, 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 


[[Page 1217]]

        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 

                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.


[[Page 1218]]

          (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 

        Member making the motion 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 and 109th Congresses a joint resolution withdrawing the 
approval of the United States from the Agreement establishing the World 
Trade Organization was considered under a special rule (H. J. Res. 90, 
June 21, 2000, p. 11704; H. J. Res. 27, June 9, 2005, p. 12008).


                                                          Sec. 1130(11I)


          i. burmese freedom and democracy act of 2003, Sec. 9


                          [50 U.S.C. 1701 note]

  Sec. 9. duration of sanctions.--


[[Page 1219]]

this Act upon the request of a democratically elected government in 
Burma, provided that all the conditions in section 3(a)(3) have been 
met.
  (a) Termination by Request From Democratic Burma.--The President may 
terminate any provision in

  (b) Continuation of Import Sanctions.--

          (1) Expiration.--The import restrictions contained in section 

        3(a)(1) shall expire 1 year from the date of enactment of this 

        Act unless renewed under paragraph (2) of this section.

          (2) Resolution by congress.--The import restrictions contained 

        in section 3(a)(1) may be renewed annually for a 1-year period 

        if, prior to the anniversary of the date of enactment of this 

        Act, and each year thereafter, a renewal resolution is enacted 

        into law in accordance with subsection (c).

          (3) Limitation.--The import restrictions contained in section 

        3(a)(1) may be renewed for a maximum of nine years from the date 

        of the enactment of this Act.

          (4) Rule of construction.--For purposes of this subsection, 

        any reference to section 3(a)(1) shall be deemed to include a 

        reference to section 3A(b)(1) and (c)(1).

  (c) Renewal Resolutions.--

          (1) In general.--For purposes of this section, the term 

        ``renewal resolution'' means a joint resolution of the 2 Houses 

        of Congress, the sole matter after the resolving clause of which 

        is as follows: ``That Congress approves the renewal of the 

        import restrictions contained in section 3(a)(1) and section 

        3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 

        2003.''.

          (2) Procedures.--

                  (A) In general.--A renewal resolution--

                        (i) may be introduced in either House of 

                    Congress by any member of such House at any time 

                    within the 90-day period before the expiration of 

                    the import restrictions contained in section 3(a)(1) 

                    and section 3A(b)(1) and (c)(1); and

                        (ii) the provisions of subparagraph (B) shall 

                    apply.

                  (B) Expedited consideration.--The provisions of 

                section 152(b), (c), (d), (e), and (f) of the Trade Act 

                of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) 

                apply to a renewal resolution under this Act as if such 

                resolution were a resolution described in section 152(a) 



[[Page 1220]]


                of the Trade Act of 1974.


                                                          Sec. 1130(11J)

  j. prohibition on import restrictions that would threaten to impair 


     national security, Sec. 262 of the trade expansion act of 1962 


                            [19 U.S.C. 1862 ]

  Sec. 1862. Safeguarding national security-- * * *

  (f) Congressional disapproval of Presidential adjustment of imports of 
petroleum or petroleum products; disapproval resolution--

          (1) An action taken by the President under subsection (c) of 

        this section to adjust imports of petroleum or petroleum 

        products shall cease to have force and effect upon the enactment 

        of a disapprovalresolution, provided for in paragraph (2), 

        relating to that action.

          (2)(A) This paragraph is enacted by the Congress--

                  (i) 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, but applicable only with respect to the 

                procedures to be followed in that House in the case of 

                disapproval resolutions and such procedures supersede 

                other rules only to the extent that they are 

                inconsistent therewith; and

                  (ii) with the 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 any other 

                rule of that House.

          (B) For purposes of this subsection, the term ``disapproval 

        resolution'' means only a joint resolution of either House of 

        Congress the matter after the resolving clause of which is as 

        follows: ``That the Congress disapproves the action taken under 

        section 232 of the Trade Expansion Act of 1962 with respect to 

        petroleum imports under ___ dated ___.'', the first blank space 

        being filled with the number of the proclamation, Executive 

        order, or other Executive act issued under the authority of 

        subsection (c) of this section for purposes of adjusting imports 

        of petroleum or petroleum products and the second blank being 

        filled with the appropriate date.

          (C)(i) All disapproval resolutions introduced in the House of 


[[Page 1221]]

        Representatives shall be referred to the

        Committee on Ways and Means and all disapproval resolutions 

        introduced in the Senate shall be referred to the Committee on 

        Finance.

          (ii) No amendment to a disapproval resolution shall be in 

        order in either the House of Representatives or the Senate, and 

        no motion to suspend the application of this clause 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 clause by unanimous consent.




                                                           Sec. 1130(12)