[United States Senate Manual, 118th Congress]
[S. Doc. 118-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 356-392]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 356]]
TITLE 19--CUSTOMS DUTIES
Chapter 4--TARIFF ACT OF 1930
344 Sec. 1332 note. American manufacturing competitiveness
* * * * * * *
``SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN THE
HOUSE OF REPRESENTATIVES AND THE SENATE.
``(a) House of Representatives.--
``(1) In general.--The chair of the
Committee on Ways and Means of the House of
Representatives shall include a list of limited
tariff benefits contained in a miscellaneous
tariff bill in the report to accompany such a
bill or, in a case where a miscellaneous tariff
bill is not reported by the committee, shall
cause such a list to be printed in the
appropriate section of the Congressional Record.
``(2) Limited tariff benefit defined.--For
purposes of this subsection and consistent with
clause 9 of rule XXI of the Rules of the House
of Representatives, as in effect during the One
Hundred Fourteenth Congress, the term `limited
tariff benefit' means a provision modifying the
Harmonized Tariff Schedule of the United States
[see Publication of Harmonized Tariff Schedule
note set out under section 1202 of this title]
in a manner that benefits 10 or fewer entities.
``(b) Senate.--
``(1) In general.--The chairman of the
Committee on Finance of the Senate, the Majority
Leader of the Senate, or the designee of the
Majority Leader of the Senate, shall provide for
the publication in the Congressional Record of a
certification that--
``(A) each limited tariff benefit
contained in a miscellaneous tariff bill
considered in the Senate has been identified
through lists, charts, or other similar
means; and
``(B) the information identified in
subparagraph (A) has been available on a
publicly accessible congressional website in
a searchable format at least 48 hours before
the vote on the motion to proceed to the
miscellaneous tariff bill or the vote on the
adoption of a report of a committee of
conference in connection with the
miscellaneous tariff bill, as the case may
be.
``(2) Satisfaction of Senate rules.--
Publication of a certification in the
Congressional Record under paragraph (1)
satisfies the certification requirements of
paragraphs 1(a), 2(a), and 3(a) of rule XLIV of
the Standing Rules of the Senate.
``(3) Limited tariff benefit defined.--For
purposes of this subsection and consistent with
rule XLIV of the Standing Rules of the Senate,
as in effect during the One Hundred Fourteenth
Congress, the term `limited tariff benefit'
means a provision modifying the Harmonized
Tariff Schedule of the United States in a manner
that benefits 10 or fewer entities.
``(c) Enactment as Exercise of Rulemaking Power of House
of Representatives and Senate.--This section is enacted by
Congress--
[[Page 357]]
``(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 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. (Pub. L. 114-159,
Sec. 5, May. 20, 2016, 130 Stat. 402.)
Chapter 7--TRADE EXPANSION PROGRAM
345 Sec. 1862. Safeguarding national security
* * * * * * *
(c) Adjustment of imports; determination by President;
report to Congress; additional actions; publication in
Federal Register
(1)(A) Within 90 days after receiving a report submitted
under subsection (b)(3)(A) in which the Secretary finds that
an article is being imported into the United States in such
quantities or under such circumstances as to threaten to
impair the national security, the President shall--
(i) determine whether the President concurs
with the finding of the Secretary, and
(ii) if the President concurs, determine the
nature and duration of the action that, in the
judgment of the President, must be taken to
adjust the imports of the article and its
derivatives so that such imports will not
threaten to impair the national security.
(B) If the President determines under subparagraph (A)
to take action to adjust imports of an article and its
derivatives, the President shall implement that action by no
later than the date that is 15 days after the day on which
the President determines to take action under subparagraph
(A).
(2) By no later than the date that is 30 days after the
date on which the President makes any determinations under
paragraph (1), the President shall submit to the Congress a
written statement of the reasons why the President has
decided to take action, or refused to take action, under
paragraph (1). Such statement shall be included in the
report published under subsection (e).
(3)(A) If--
(i) the action taken by the President under
paragraph (1) is the negotiation of an agreement
which limits or restricts the importation into,
or the exportation to, the United States of the
article that threatens to impair national
security, and
(ii) either--
(I) no such agreement is entered into
before the date that is 180 days after the
date on which the President makes the
determination under paragraph (1)(A) to take
such action, or
(II) such an agreement that has been
entered into is not being carried out or is
ineffective in eliminating the threat to the
national security posed by imports of such
article,the President shall take such other
actions as the President deems nec
[[Page 358]]
essary to adjust the imports of such article
so that such imports will not threaten to
impair the national security. The President
shall publish in the Federal Register notice
of any additional actions being taken under
this section by reason of this subparagraph.
(B) If--
(i) clauses (i) and (ii) of subparagraph (A)
apply, and
(ii) the President determines not to take
any additional actions under this subsection,
the President shall publish in the Federal
Register such determination and the reasons on
which such determination is based.
* * * * * * *
(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) to adjust imports of petroleum or petroleum products
shall cease to have force and effect upon the enactment of a
disapproval resolution, 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 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. (Pub. L. 87-794, Title II, Sec. 232, Oct.
11, 1962, 76 Stat. 877; Pub. L. 93-618, Title I,
Sec. 127(d), Jan. 3, 1975, 88 Stat. 1993; Pub.
[[Page 359]]
L. 96-223, Title IV, Sec. 402, Apr. 2, 1980, 94 Stat. 301;
Pub. L. 100-418, Title I, Sec. 1501(a), (b)(1), Aug. 23,
1988, 102 Stat. 1257, 1259.)
Chapter 12--TRADE ACT OF 1974
346 Sec. 2191. 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 2192 and 2193 of this title
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 revenue bills described in
subsection (b)(2), approval resolutions
described in subsection (b)(3), and resolutions
described in sections 2192(a) and 2193(a) of
this title; 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
3572(c)(3) of this title, submitted to the House
of Representatives and the Senate under section
2112 of this title, section 3572 of this title,
or section 4205(a)(1) of this title and which
contains--
(A) a provision approving such trade
agreement or agreements or such extension,
(B) a provision approving the statement
of administrative action (if any) proposed
to implement such trade agreement or
agreements, and
(C) if changes in existing laws or new
statutory authority is required to implement
such trade agreement or agreements or such
extension, provisions, necessary or
appropriate to implement such trade
agreement or agreements or such extension,
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
[[Page 360]]
_____.'', the first blank space being filled
with the name of the country involved and the
second blank space being filled with the
appropriate date.
(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 2112 of this title, section 3572 of this
title, or section 4205(a)(1) of this title, 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 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 a trade agreement or extension is submitted,
the implementing bill shall be introduced in that House, as
provided in the preceding sentence, on the first day
thereafter on which that House is in session. Such bills
shall be referred by the Presiding Officers of the
respective Houses to the appropriate committee, or, in the
case of a bill containing provisions within the jurisdiction
of two or more committees, jointly to such committees for
consideration of those provisions within their respective
jurisdictions.
(2) On the day on which a bilateral commercial
agreement, entered into under subchapter IV of this chapter
after January 3, 1975, 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 361]]
(e) Period for committee and floor consideration
(1) Except as provided in paragraph (2), if the
committee or committees of either House to which an
implementing bill or approval resolution has been referred
have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be
automatically discharged from further consideration of the
bill or resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the bill or resolution
shall be taken in each House on or before the close of the
15th day after the bill or resolution is reported by the
committee or committees of that House to which it was
referred, or after such committee or committees have been
discharged from further consideration of the bill or
resolution. If prior to the passage by one House of an
implementing bill or approval resolution of that House, that
House receives the same implementing bill or approval
resolution from the other House, then--
(A) the procedure in that House shall be the
same as if no implementing bill or approval
resolution had been received from the other
House, but
(B) the vote on final passage shall be on
the implementing bill or approval resolution of
the other House.
(2) The provisions of paragraph (1) shall not apply in
the Senate to an implementing revenue bill or resolution. An
implementing revenue bill or resolution received from the
House shall be referred to the appropriate committee or
committees of the Senate. If such committee or committees
have not reported such bill or resolution 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 is 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.
(2) Debate in the House of Representatives on an
implementing bill or approval resolution shall be limited to
not more than 20 hours, which shall be divided equally
between those favoring and those opposing the bill or
resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an
implementing bill or approval resolution or to move to
reconsider the vote by which an implementing bill or
approval resolution is agreed to or disagreed to.
[[Page 362]]
(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 bill or
approval resolution, 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. (Pub. L. 93-618, Title
I, Sec. 151, Jan. 3, 1975, 88 Stat. 2001; Pub. L. 100-418,
Title I, Sec. 1107(b)(1), Aug. 23, 1988, 102 Stat. 1135;
Pub. L. 101-382, Title I, Sec. 132(b)(2), Aug. 20, 1990, 104
Stat. 645; Pub. L. 103-465, Title II, Sec. 282(c)(4), Dec.
8, 1994, 108 Stat. 4929; Pub. L. 107-210, div. B, Title XXI,
Sec. 2110(a)(1), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 114-
26, Title I, Sec. 110(a)(6), June 29, 2015, 129 Stat. 358.)
347 Sec. 2192. Resolutions disapproving certain actions
(a) Contents of resolutions
(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
[[Page 363]]
(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.
(2) The first blank space referred to in paragraph
(1)(B) shall be filled, in the case of a resolution referred
to in section 2437(c)(2) of this title, with the phrase
``the report of the President submitted under section __ of
the Trade Act of 1974 with respect to _____'' (with the
first blank space being filled with ``402(b)'' or
``409(b)'', as appropriate, and the second blank space being
filled with the name of the country involved).
(b) Reference to committees
All resolutions introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and all resolutions introduced in the Senate shall
be referred to the Committee on Finance.
(c) Discharge of committees
(1) If the committee of either House to which a
resolution has been referred has not reported it at the end
of 30 days after its introduction, not counting any day
which is excluded under section 2194(b) of this title, 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.
(2) Debate in the House of Representatives on a
resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate
shall not be debatable. No amendment to, or motion to
recommit, the resolution shall be in order. It shall not be
in order
[[Page 364]]
to move to reconsider the vote by which a resolution is
agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
resolution, and motions to proceed to the consideration of
other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to a resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
resolution in the House of Representatives shall be governed
by the Rules of the House of Representatives applicable to
other resolutions in similar circumstances.
(e) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith, shall
be limited to not more than 20 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited to
not more than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the resolution,
except that in the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in
order in the Senate.
(f) Procedures in the Senate
(1) Except as otherwise provided in this section, the
following procedures shall apply in the Senate to a
resolution to which this section applies:
(A)(i) Except as provided in clause (ii), a
resolution that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with this
section.
(ii) If a resolution to which this section
applies was introduced in the Senate before
receipt of a resolution that has passed the
House of Representatives, the resolution from
the House of Representatives shall, when
received in the Senate, be placed on the
calendar. If this clause applies, the procedures
in the Senate with respect to a resolution
introduced in the Senate that contains the
identical matter as the resolution that passed
the House of Representatives shall be the same
as if no resolution had been received from the
House of Representatives, except that the vote
on passage in the Senate shall be on the
resolution that passed the House of
Representatives.
[[Page 365]]
(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 this
section or section 2193(a) of this title, 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.
(3) Consideration in the Senate of any veto message with
respect to a joint resolution described in subsection
(a)(2)(B) or section 2193(a) of this title, 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. (Pub. L.
93-618, Title I, Sec. 152, Jan. 3, 1975, 88 Stat. 2004; Pub.
L. 96-39, Title IX, Sec. 902(a)(1), Title XI,
Sec. 1106(c)(5), July 26, 1979, 93 Stat. 299, 312; Pub. L.
98-573, Title II, Sec. 248(b), Oct. 30, 1984, 98 Stat. 2998;
Pub. L. 101-382, Title I, Sec. 132(c)(2)-(5), Aug. 20, 1990,
104 Stat. 646, 647; Pub. L. 103-465, Title II,
Sec. 261(d)(1)(A)(ii), Dec. 8, 1994, 108 Stat. 4909; Pub. L.
104-295, Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
348 Sec. 2193. Resolutions relating to extension of waiver
authority under section 402 of the Trade Act of 1974
(a) Contents of resolution
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 2192 of this title;
exceptions
(1) Except as provided in this section, the provisions
of section 2192 of this title shall apply to resolutions
described in subsection (a).
(2) In applying section 2192(c)(1) of this title, all
calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title 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
[[Page 366]]
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.
(4) That part of section 2192(e)(4) of this title 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 2192(e)(2) of this title 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
their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order
It shall not be in order in either the House of
Representatives or the Senate to consider a resolution with
respect to a recommendation of the President under section
2432(d) of this title (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.
(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. (Pub. L. 93-618, Title I, Sec. 153, Jan. 3, 1975,
88 Stat. 2006; Pub. L. 101-382, Title I, Sec. 132(a)(3)-(6),
Aug. 20, 1990, 104 Stat. 644, 645.)
349 Sec. 2194. Special rules relating to Congressional
procedures
(a) Delivery of documents to both Houses
Whenever, pursuant to section 2112(e), 2253(b), 2432(d),
or 2437(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
[[Page 367]]
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) Computation of 90-day period
For purposes of sections 2253(c) and 2437(c)(2) of this
title, 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. (Pub. L. 93-618, Title I, Sec. 154,
Jan. 3, 1975, 88 Stat. 2008; Pub. L. 96-39,
Title IX, Sec. 902(a)(2), July 26, 1979, 93
Stat. 300; Pub. L. 101-382, Title I,
Sec. 132(c)(6), Aug. 20, 1990, 104 Stat. 647;
Pub. L. 103-465, Title II,
Sec. 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat.
4909; Pub. L. 106-36, Title I, Sec. 1001(a)(5),
June 25, 1999, 113 Stat. 130.)
350 Sec. 2253. 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 2252(e)(1) of this title, the President shall
state in detail the reasons for the difference.
(2) On the day on which the President decides that there
is no appropriate and feasible action to take under
subsection (a)(1) with respect to a domestic industry, the
President shall transmit to Congress a document that sets
forth in detail the reasons for the decision.
(3) On the day on which the President takes any action
under subsection (a)(1) that is not reported under paragraph
(1), the President shall transmit to Congress a document
setting forth the action being taken and the reasons
therefor.
(c) Implementation of action recommended by Commission
If the President reports under subsection (b)(1) or (2)
that--
(1) the action taken under subsection (a)(1)
differs from the action recommended by the
Commission under section 2252(e)(1) of this
title; 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 2192(a)(1)(A) of this title
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.
(Pub. L. 93-618, Title II, Sec. 203, Jan. 3,
1975, 88 Stat. 2015; Pub. L. 96-39, Title XI,
Sec. 1106(d), July 26, 1979, 93 Stat. 312; Pub.
L. 98-573, Title II, Sec. 248(a), Oct. 30, 1984,
98 Stat. 2998; Pub. L. 100-418, Title I,
Sec. Sec. 1214(j)(2), 1401(a), Aug. 23, 1988,
102 Stat. 1158, 1234; Pub. L. 100-647, Title IX,
Sec. 9001(a)(2), Nov. 10, 1988, 102 Stat. 3806;
Pub. L. 103-465, Title
[[Page 368]]
III, Sec. Sec. 301(d)(3), 302(a)-(b)(4)(A),
303(7) (10), Dec. 8, 1994, 108 Stat. 4933-4937.)
* * * * * * *
351 Sec. 2432. Freedom of emigration in East-West trade
* * * * * * *
(c) Waiver authority of President
(1) During the 18-month period beginning on January 3,
1975, the President is authorized to waive by Executive
order the application of subsections (a) and (b) with
respect to any country, if he reports to the Congress that--
(A) he has determined that such waiver will
substantially promote the objectives of this
section; and
(B) he has received assurances that the
emigration practices of that country will
henceforth lead substantially to the achievement
of the objectives of this section.
(2) During any period subsequent to the 18-month period
referred to in paragraph (1), the President is authorized to
waive by Executive order the application of subsections (a)
and (b) with respect to any country, if the waiver authority
granted by this subsection continues to apply to such
country pursuant to subsection (d), and if he reports to the
Congress that--
(A) he has determined that such waiver will
substantially promote the objectives of this
section; and
(B) he has received assurances that the
emigration practices of that country will
henceforth lead substantially to the achievement
of the objectives of this section.
(3) A waiver with respect to any country shall terminate
on the day after the waiver authority granted by this
subsection ceases to be effective with respect to such
country pursuant to subsection (d). The President may, at
any time, terminate by Executive order any waiver granted
under this subsection.
(d) Extension of waiver authority
(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 author
[[Page 369]]
ity has not been extended under this subsection), unless a
joint resolution described in section 2193(a) of this title
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 2193 of this title, and--
(i) the Congress adopts and transmits
the joint resolution to the President before
the end of the 60-day period beginning on
the date the waiver authority would expire
but for an extension under paragraph (1),
and
(ii) if the President vetoes the joint
resolution, each House of Congress votes to
override such veto on or before the later of
the last day of the 60-day period referred
to in clause (i) or the last day of the 15-
day period (excluding any day described in
section 2194(b) of this title) 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 2193 of this title 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) Countries not covered
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
January 3, 1975. (Pub. L. 93-618, Title IV, Sec. 402, Jan.
3, 1975, 88 Stat. 2056; Pub. L. 96-39, Title XI,
Sec. 1106(f)(1), July 26, 1979, 93 Stat. 312; Pub. L. 101-
382, Title I, Sec. 132(a)(1), (2), Aug. 20, 1990, 104 Stat.
643, 644; Pub. L. 105-206, Title V, Sec. 5003(b)(2)(A), July
22, 1998, 112 Stat. 789.)
352 Sec. 2437. Procedure for Congressional approval or
disapproval of extension of nondiscriminatory treatment
and Presidential reports
(a) Transmission of nondiscriminatory treatment documents to
Congress
Whenever the President issues a proclamation under
section 2434 of this title extending nondiscriminatory
treatment to the products of any foreign country, he shall
promptly transmit to the House of Representatives and to the
Senate a document setting forth the proclamation and the
agreement the proclamation proposes to implement, together
with his reasons therefor.
(b) Transmission of freedom of emigration documents to
Congress
The President shall transmit to the House of
Representatives and the Senate a document containing the
initial report submitted by him under section 2432(b) or
2439(b) of this title with respect to a nonmarket economy
country. On or before December 31 of each year, the
President shall transmit to the House of Representatives and
the Senate, a docu
[[Page 370]]
ment containing the report required by section 2432(b) or
2439(b) of this title as the case may be, to be submitted on
or before such December 31.
(c) Effective date of proclamations and agreements;
disapproval of reports
(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 2191(b)(3) of this title that approves
of the extension of nondiscriminatory treatment to the
products of the country concerned is enacted into law.
(2) In the case of a document referred to in subsection
(b) which contains a report submitted by the President under
section 2432(b) or 2439(b) of this title 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 2192(a)(1)(B) of
this title 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 subchapter. 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 2194(b) of this title)
beginning on the date the Congress receives the veto message
from the President. (Pub. L. 93-618, Title IV, Sec. 407,
Jan. 3, 1975, 88 Stat. 2063; Pub. L. 100-418, Title I,
Sec. 1214(j)(4), Aug. 23, 1988, 102 Stat. 1158; Pub. L. 101-
382, Title I, Sec. 132(b)(3), (c)(1), Aug. 20, 1990, 104
Stat. 646.)
353 Sec. 2492. 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 subchapter--
(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 [19 U.S.C. 2701 et
seq.], or any other law providing preferential
tariff treatment;
(2) apply to any or all of the dutiable
products of that country an additional duty at a
rate not to exceed 50 percent ad valorem or the
specific rate equivalent;
[[Page 371]]
(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) Certifications; Congressional action
(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 2291h of title 22,
that-- * * *
* * * * * * *
(3) Subsection (a) shall apply to a country
without regard to paragraph (1) of this
subsection if the Congress enacts, within 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 (1), 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 the
determination contained in that
certification.
(5) For the purpose of expediting the
consideration and enactment of joint resolutions
under paragraphs (3) and (4)--
(A) a motion to proceed to the
consideration of any such joint resolution
after it has been reported by the Committee
on Ways and Means shall be treated as highly
privileged in the House of Representatives;
and
(B) a motion to proceed to the
consideration of any such joint resolution
after it has been reported by the Committee
on Finance shall be treated as privileged in
the Senate. (Pub. L. 93-618, Title VIII,
Sec. 802, as added Pub. L. 99-570, Title IX,
Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-
164; amended Pub. L. 100-204, Title VIII,
Sec. 806(a), Dec. 22, 1987, 101 Stat. 1398;
Pub. L. 100-690, Title IV, Sec. 4408, Nov.
18, 1988, 102 Stat. 4281; Pub. L. 101-231,
Sec. 17(h)(1)-(4), Dec. 13, 1989, 103 Stat.
[[Page 372]]
1965; Pub. L. 106-36, Title I,
Sec. 1001(a)(8), June 25, 1999, 113 Stat.
131.)
* * * * * * *
354 Sec. 2495. Definitions
For purposes of this subchapter--
(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. (Pub.
L. 93-618, Title VIII, Sec. 805, as added Pub.
L. 99-570, Title IX, Sec. 9001, Oct. 27, 1986,
100 Stat. 3207-166; amended Pub. L. 101-231,
Sec. 17(h)(5), Dec. 13, 1989, 103 Stat. 1965;
Pub. L. 106-36, Title I, Sec. 1001(a)(10), June
25, 1999, 113 Stat. 131.)
* * * * * * *
Chapter 12--TRADE ACT OF 1974
Subchapter IV--Trade Relations With Countries not Receiving
Nondiscriminatory Treatment
Part 1--Trade Relations With Certain Countries
355 Sec. 2434 note. Suspending Normal Trade Relations with
Russia and Belarus
* * * * * * *
``SEC. 3. SUSPENSION OF NORMAL TRADE RELATIONS WITH THE
RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS.
``(a) Nondiscriminatory Tariff Treatment.--
Notwithstanding any other provision of law, beginning on the
day after the date of the enactment of this Act [Apr. 8,
2022], the rates of duty set forth in column 2 of the
Harmonized Tariff Schedule of the United States shall apply
to all products of the Russian Federation and of the
Republic of Belarus.
``(b) Authority to Proclaim Increased Column 2 Rates.--
``(1) In general.--The President may
proclaim increases in the rates of duty
applicable to products of the Russian Federation
or the Republic of Belarus, above the rates set
forth in column 2 of the Harmonized Tariff
Schedule of the United States.
``(2) Prior consultation.--The President
shall, not later than 5 calendar days before
issuing any proclamation under paragraph (1),
consult with the Committee on Ways and Means of
the House of Representatives and the Committee
on Finance of the Senate regarding the basis for
and anticipated impact of the proposed increases
to rates of duty described in paragraph (1).
``(3) Termination.--The authority to issue
proclamations under this subsection shall
terminate on January 1, 2024.
``SEC. 4. RESUMPTION OF APPLICATION OF HTS COLUMN 1
RATES OF DUTY AND RESTORATION OF NORMAL TRADE RELATIONS
TREATMENT FOR THE RUSSIAN FEDERATION AND THE REPUBLIC OF
BELARUS.
``(a) Temporary Application of HTS Column 1 Rates of
Duty.--
``(1) In general.--Notwithstanding any other
provision of law (including the application of
column 2 rates of duty under section
[[Page 373]]
3), the President is authorized to temporarily
resume, for one or more periods not to exceed 1
year each, the application of the rates of duty
set forth in column 1 of the Harmonized Tariff
Schedule of the United States to the products of
the Russian Federation, the Republic of Belarus,
or both, if the President submits to Congress
with respect to either or both such countries a
certification under subsection (c) for each such
period. Such action shall take effect beginning
on the date that is 90 calendar days after the
date of submission of such certification for
such period, unless there is enacted into law
during such 90-day period a joint resolution of
disapproval.
``(2) Consultation and report.--The
President shall, not later than 45 calendar days
before submitting a certification under
paragraph (1)--
``(A) consult with--
``(i) the Committee on Ways and
Means and the Committee on Foreign
Affairs of the House of
Representatives; and
``(ii) the Committee on Finance
and the Committee on Foreign
Relations of the Senate; and
``(B) submit to all such committees a
report that explains the basis for the
determination of the President contained in
such certification.
``(b) Restoration of Normal Trade Relations Treatment.--
``(1) In general.--The President is
authorized to resume the application of the
rates of duty set forth in column 1 of the
Harmonized Tariff Schedule of the United States
to the products of the Russian Federation, the
Republic of Belarus, or both, if the President
submits to Congress with respect to either or
both such countries a certification under
subsection (c). Such action shall take effect
beginning on the date that is 90 calendar days
after the date of submission of such
certification, unless there is enacted into law
during such 90-day period a joint resolution of
disapproval.
``(2) Consultation and report.--The
President shall, not later than 45 calendar days
before submitting a certification under
paragraph (1)--
``(A) consult with--
``(i) the Committee on Ways and
Means and the Committee on Foreign
Affairs of the House of
Representatives; and
``(ii) the Committee on Finance
and the Committee on Foreign
Relations of the Senate; and
``(B) submit to all such committees a
report that explains the basis for the
determination of the President contained in
such certification.
``(3) Products of the Russian Federation.--
If the President submits pursuant to paragraph
(1) a certification under subsection (c) with
respect to the Russian Federation and a joint
resolution of disapproval is not enacted during
the 90-day period described in that paragraph,
the President may grant permanent
nondiscriminatory tariff treatment (normal trade
relations) to the products of the Russian
Federation.
[[Page 374]]
``(4) Products of the Republic of Belarus.--
If the President submits pursuant to paragraph
(1) a certification under subsection (c) with
respect to the Republic of Belarus and a joint
resolution of disapproval is not enacted during
the 90-day period described in that paragraph,
the President may, subject to the provisions of
chapter 1 of title IV of the Trade Act of 1974
(19 U.S.C. 2431 et seq.), grant
nondiscriminatory tariff treatment (normal trade
relations) to the products of the Republic of
Belarus.
``(c) Certification.--A certification under this
subsection is a certification in writing that--
``(1) specifies the action proposed to be
taken pursuant to the certification and whether
such action is pursuant to subsection (a)(1) or
(b)(1) of this section; and
``(2) contains a determination of the
President that the Russian Federation or the
Republic of Belarus (or both)--
``(A) has reached an agreement relating
to the respective withdrawal of Russian or
Belarusian forces (or both, if applicable)
and cessation of military hostilities that
is accepted by the free and independent
government of Ukraine;
``(B) poses no immediate military threat
of aggression to any North Atlantic Treaty
Organization member; and
``(C) recognizes the right of the people
of Ukraine to independently and freely
choose their own government.
``(d) Joint Resolution of Disapproval.--
``(1) Definition.--For purposes of this
section, the term 'joint resolution of
disapproval' means only a joint resolution--
``(A) which does not have a preamble;
``(B) the title of which is as follows:
'Joint resolution disapproving the
President's certification under section 4(c)
of the Suspending Normal Trade Relations
with Russia and Belarus Act.'; and
``(C) the matter after the resolving
clause of which is as follows: 'That
Congress disapproves the certification of
the President under section 4(c) of the
Suspending Normal Trade Relations with
Russia and Belarus Act, submitted to
Congress on ------------------------', the
blank space being filled in with the
appropriate date.
``(2) Introduction in the House of
Representatives.--During a period of 5
legislative days beginning on the date that a
certification under subsection (c) is submitted
to Congress, a joint resolution of disapproval
may be introduced in the House of
Representatives by the majority leader or the
minority leader.
``(3) Introduction in the Senate.--During a
period of 5 days on which the Senate is in
session beginning on the date that a
certification under subsection (c) is submitted
to Congress, a joint resolution of disapproval
may be introduced in the Senate by the majority
leader (or the majority leader's designee) or
the minority leader (or the minority leader's
designee).
``(4) Floor consideration in the House of
Representatives.--
``(A) Reporting and discharge.--If a
committee of the House to which a joint
resolution of disapproval has been referred
has not reported such joint resolution
within 10 legislative days
[[Page 375]]
after the date of referral, that committee
shall be discharged from further
consideration thereof.
``(B) Proceeding to consideration.--
Beginning on the third legislative day after
each committee to which a joint resolution
of disapproval has been referred reports it
to the House or has been discharged from
further consideration thereof, it shall be
in order to move to proceed to consider the
joint resolution in the House. All points of
order against the motion are waived. Such a
motion shall not be in order after the House
has disposed of a motion to proceed on a
joint resolution with regard to the same
certification. The previous question shall
be considered as ordered on the motion to
its adoption without intervening motion. The
motion shall not be debatable. A motion to
reconsider the vote by which the motion is
disposed of shall not be in order.
``(C) Consideration.--The joint
resolution shall be considered as read. All
points of order against the joint resolution
and against its consideration are waived.
The previous question shall be considered as
ordered on the joint resolution to final
passage without intervening motion except
two hours of debate equally divided and
controlled by the sponsor of the joint
resolution (or a designee) and an opponent.
A motion to reconsider the vote on passage
of the joint resolution shall not be in
order.
``(5) Consideration in the Senate.--
``(A) Committee referral.--A joint
resolution of disapproval introduced in the
Senate shall be referred to the Committee on
Finance.
``(B) Reporting and discharge.--If the
Committee on Finance has not reported such
joint resolution of disapproval within 10
days on which the Senate is in session after
the date of referral of such joint
resolution, that committee shall be
discharged from further consideration of
such joint resolution and the joint
resolution shall be placed on the
appropriate calendar.
``(C) Motion to proceed.--
Notwithstanding Rule XXII of the Standing
Rules of the Senate, it is in order at any
time after the Committee on Finance reports
the joint resolution of disapproval to the
Senate or has been discharged from its
consideration (even though a previous motion
to the same effect has been disagreed to) to
move to proceed to the consideration of the
joint resolution, and all points of order
against the joint resolution (and against
consideration of the joint resolution) shall
be waived. The motion to proceed is not
debatable. The motion is not subject to a
motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or
disagreed to shall not be in order. If a
motion to proceed to the consideration of
the joint resolution of disapproval is
agreed to, the joint resolution shall remain
the unfinished business until disposed of.
``(D) Debate.--Debate on the joint
resolution of disapproval, and on all
debatable motions and appeals in connection
therewith, shall be limited to not more than
10 hours, which shall be divided equally
between the majority and minority leaders or
their designees. A motion to further limit
debate is in order
[[Page 376]]
and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed
to the consideration of other business, or a
motion to recommit the joint resolution of
disapproval is not in order.
``(E) Vote on passage.--The vote on
passage shall occur immediately following
the conclusion of the debate on the joint
resolution of disapproval and a single
quorum call at the conclusion of the debate,
if requested in accordance with the rules of
the Senate.
``(F) Rules of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the rules of
the Senate, as the case may be, to the
procedure relating to the joint resolution
of disapproval shall be decided without
debate.
``(G) Consideration of veto messages.--
Debate in the Senate of any veto message
with respect to the joint resolution of
disapproval, including all debatable motions
and appeals in connection with such joint
resolution, shall be limited to 10 hours, to
be equally divided between, and controlled
by, the majority leader and the minority
leader or their designees.
``(6) Procedures in the Senate.--Except as
otherwise provided in this subsection, the
following procedures shall apply in the Senate
to a joint resolution of disapproval to which
this subsection applies:
``(A) Except as provided in subparagraph
(B), a joint resolution of disapproval 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
subsection.
``(B) If a joint resolution of
disapproval to which this subsection applies
was introduced in the Senate before receipt
of a joint resolution of disapproval that
has passed the House of Representatives, the
joint resolution from the House of
Representatives shall, when received in the
Senate, be placed on the calendar. If this
subparagraph applies, the procedures in the
Senate with respect to a joint resolution of
disapproval introduced in the Senate that
contains the identical matter as the joint
resolution of disapproval that passed the
House of Representatives shall be the same
as if no joint resolution of disapproval had
been received from the House of
Representatives, except that the vote on
passage in the Senate shall be on the joint
resolution of disapproval that passed the
House of Representatives.
``(7) Rules of the House of Representatives
and Senate.--This subsection is enacted by
Congress--
``(A) as an exercise of the rulemaking
power of the Senate and the House of
Representatives, respectively, and as such
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 legislation
described in those sections, and supersede
other rules only to the extent that they are
inconsistent with such rules; and
``(B) with full recognition of the
constitutional right of either House to
change the rules (so far as relating to the
procedure of that House) at any time, in the
same manner, and to the
[[Page 377]]
same extent as in the case of any other rule
of that House. (Pub. L. 117-110, Sec. 2-5,
Apr. 8, 2022, 136 Stat. 1159, 1165.)
Chapter 17--NEGOTIATION AND IMPLEMENTATION OF TRADE
AGREEMENTS
356 Sec. 2903. Implementation of trade agreements
(a) In general
(1) Any agreement entered into under section 2902(b) or
(c) of this title 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--
(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)--
(A) the provisions of section 2191 of this
title (hereinafter in this section referred to
as ``fast track procedures'') apply to
implementing bills submitted with respect to
trade agreements entered into under section
2902(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 2902(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
[[Page 378]]
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 needed to complete the
negotiations.
(3) The President shall promptly inform the Advisory
Committee for Trade Policy and Negotiations established
under section 2155 of this title 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 2192(d) and (e) of this
title (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 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 2902(b) or (c) of this
title if both Houses of the Congress separately agree to
procedural disapproval resolutions within any 60-day period.
[[Page 379]]
(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 2192(d) and (e) of this
title (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 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 2902(c)
of this title with any foreign country if either--
(A) the requirements of section 2902(c)(3)
of this title 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
2902(c)(3)(C)(i) of this title with respect to
the negotiation of such agreement.
(d) Rules of House of Representatives and Senate
Subsections (b) and (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 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
[[Page 380]]
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 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. (Pub. L. 100-418,
Title I, Sec. 1103, Aug. 23, 1988, 102 Stat.
1128.)
Chapter 22--URUGUAY ROUND TRADE AGREEMENTS
357 Sec. 3535. Review of participation in WTO
(a) Report on operation of WTO
The first annual report submitted to the Congress under
section 3534 of this title--
(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 WTO
(1) General rule
The approval of the Congress, provided under
section 3511(a) of this title, of the WTO
Agreement shall cease to be effective if, and
only if, a joint resolution described in
subsection (c) is enacted into law pursuant to
the provisions of paragraph (2).
(2) Procedural provisions
(A) The requirements of this paragraph are
met if the joint resolution is enacted under
subsection (c), and--
(i) the Congress adopts and transmits
the joint resolution to the President before
the end of the 90-day period (excluding any
day described in section 2194(b) of this
title), 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 2194(b) of this title) 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).
[[Page 381]]
(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 2192 of this title
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 2194(b) of this title),
such committee shall be automatically discharged
from further consideration of the joint
resolution and it shall be placed on the
appropriate calendar.
(D) It is not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by
the Committee on Finance or the committee
has been discharged under subparagraph (C);
or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (C).
(E) A motion in the House of Representatives
to proceed to the consideration of a joint
resolution may only be made on the second
legislative day after the calendar day on which
the 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. (Pub. L. 103-465, Dec. 8, 1994, Title I,
Sec. 125, 108 Stat. 4833.)
[[Page 382]]
Chapter 27--BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND
ACCOUNTABILITY
358 Sec. 4202. Trade agreements authority
(a) Agreements regarding tariff barriers
(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 chapter will
be promoted thereby, the President--
(A) may enter into trade agreements with
foreign countries before--
(i) July 1, 2018; or
(ii) July 1, 2021, 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.
Substantial modifications to, or substantial additional
provisions of, a trade agreement entered into after July 1,
2018, or July 1, 2021, if trade authorities procedures are
extended under subsection (c), shall not be eligible for
approval under this chapter.
(2) Notification
The President shall notify Congress of the
President's intention to enter into an agreement
under this subsection.
* * * * * * *
(b) Agreements regarding tariff and nontariff barriers
(1) In general
(A) Whenever the President determines that--
(i) 1 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 chapter 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.
[[Page 383]]
(C) The President may enter into a trade
agreement under this paragraph before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade authorities
procedures are extended under subsection
(c).
Substantial modifications to, or substantial
additional provisions of, a trade agreement
entered into after July 1, 2018, or July 1,
2021, if trade authorities procedures are
extended under subsection (c), shall not be
eligible for approval under this chapter.
(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 subsections (a) and (b) of section
4201 of this title and the President satisfies
the conditions set forth in sections 4203 and
4204 of this title.
(3) Bills qualifying for trade authorities procedures
(A) The provisions of section 2191 of this
title (in this chapter 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 2191 applies to
implementing bills under that section. A bill to
which this paragraph applies shall hereafter in
this chapter be referred to as an ``implementing
bill''.
(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, only such provisions as are
strictly 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 4205(b) of
this title--
(A) the trade authorities procedures
apply to implementing bills submitted with
respect to trade agreements entered into
under subsection (b) before July 1, 2018;
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, 2018, and before July 1, 2021, if (and
only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of Congress
adopts an extension disapproval
resolution under paragraph (5)
before July 1, 2018.
(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 Congress,
not later than
[[Page 384]]
April 1, 2018, 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 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 chapter, and a statement
that such progress justifies the
continuation of negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
* * * * * * *
(5) Extension disapproval resolutions
(A) For purposes of paragraph (1), the term
``extension disapproval resolution'' means a
resolution of either House of 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 103(c)(1)(B)(i) of the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015, of the trade
authorities procedures under that Act to any
implementing bill submitted with respect to any
trade agreement entered into under section
103(b) of that Act after June 30, 2018.'', with
the blank space being filled with the name of
the resolving House of Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of
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 subsections (d) and
(e) of section 2192 of this title (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 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;
(ii) the Senate to consider any
extension disapproval resolution not
reported by the Committee on Finance; or
(iii) either House of Congress to
consider an extension disapproval resolution
after June 30, 2018. (Pub. L. 114-26, Title
I, Sec. 103, June 29, 2015, 129 Stat. 333.)
* * * * * * *
359 Sec. 4204. Notice, consultations, and reports
(a) Notice, consultations, and reports before negotiation
(1) Notice
The President, with respect to any agreement
that is subject to the provisions of section
4202(b) of this title, shall--
(A) provide, at least 90 calendar days
before initiating negotiations with a
country, written notice to Congress of the
President's intention to enter into the
negotiations with that country and set forth
in the notice the date on which the
President
[[Page 385]]
intends to initiate those negotiations, the
specific United States objectives for the
negotiations with that country, and whether
the President intends to seek an agreement,
or changes to an existing agreement;
(B) before and after submission of the
notice, consult regarding the negotiations
with the Committee on Ways and Means of the
House of Representatives and the Committee
on Finance of the Senate, such other
committees of the House and Senate as the
President deems appropriate, and the House
Advisory Group on Negotiations and the
Senate Advisory Group on Negotiations
convened under section 4203(c) of this
title;
(C) upon the request of a majority of
the members of either the House Advisory
Group on Negotiations or the Senate Advisory
Group on Negotiations convened under section
4203(c) of this title, meet with the
requesting congressional advisory group
before initiating the negotiations or at any
other time concerning the negotiations; and
(D) after consulting with the Committee
on Ways and Means and the Committee on
Finance, and at least 30 calendar days
before initiating negotiations with a
country, publish on a publicly available
Internet website of the Office of the United
States Trade Representative, and regularly
update thereafter, a detailed and
comprehensive summary of the specific
objectives with respect to the negotiations,
and a description of how the agreement, if
successfully concluded, will further those
objectives and benefit the United States.
* * * * * * *
(b) Consultation with Congress before entry into agreement
(1) Consultation
Before entering into any trade agreement
under section 4202(b) of this title, 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
Congress, which has jurisdiction over
legislation involving subject matters which
would be affected by the trade agreement;
and
(C) the House Advisory Group on
Negotiations and the Senate Advisory Group
on Negotiations convened under section
4203(c) of this title.
(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
chapter; and
(C) the implementation of the agreement
under section 4205 of this title, including
the general effect of the agreement on
existing laws.
(3) Report regarding United States trade remedy laws
(A) Changes in certain trade laws
[[Page 386]]
The President, not less than 180 calendar
days before the day on which the President
enters into a trade agreement under section
4202(b) of this title, 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 (19
U.S.C. 1671 et seq.) or to chapter 1
of title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.); and
(ii) how these proposals relate
to the objectives described in
section 4201(b)(17) of this title.
(B) 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 (vii) 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 4205(b) of
this title 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 Congress on_____
under section 105(b)(3) of the
Bipartisan Congressional Trade
Priorities and Accountability Act of
2015 with respect to_____, are
inconsistent with the negotiating
objectives described in section
102(b)(17) 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 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) Resolutions in the Senate--
(I) may be introduced by any
Member of the Senate;
[[Page 387]]
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(v) 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.
(vi) It is not in order for the
Senate to consider any resolution
that is not reported by the
Committee on Finance.
(vii) The provisions of
subsections (d) and (e) of section
152 of the Trade Act of 1974 (19
U.S.C. 2192) (relating to floor
consideration of certain resolutions
in the House and Senate) shall apply
to resolutions. (Pub. L. 114-26,
Title I, Sec. 105, June 29, 2015,
129 Stat. 342; Pub. L. 114-125,
Title IX, Sec. 914(f)(1), Feb. 24,
2016, 130 Stat. 275.)
* * * * * * *
360 Sec. 4205. Implementation of trade agreements
(a) In general
(1) Notification and submission
Any agreement entered into under section
4202(b) of this title shall enter into force
with respect to the United States if (and only
if)--
(A) the President, at least 90 calendar
days before the day on which the President
enters into the trade agreement, notifies
the House of Representatives and the Senate
of the President's intention to enter into
the agreement, and promptly thereafter
publishes notice of such intention in the
Federal Register;
(B) the President, at least 60 days
before the day on which the President enters
into the agreement, publishes the text of
the agreement on a publicly available
Internet website of the Office of the United
States Trade Representative;
(C) within 60 days after entering into
the agreement, the President submits to
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;
(D) the President, at least 30 days
before submitting to Congress the materials
under subparagraph (E), submits to
Congress--
(i) a draft statement of any
administrative action proposed to
implement the agreement; and
(ii) a copy of the final legal
text of the agreement;
(E) after entering into the agreement,
the President submits to 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 4202(b)(3)
of this title;
(ii) a statement of any
administrative action proposed to
implement the trade agreement; and
(iii) the supporting information
described in paragraph (2)(A);
[[Page 388]]
(F) the implementing bill is enacted
into law; and
(G) the President, not later than 30
days before the date on which the agreement
enters into force with respect to a party to
the agreement, submits written notice to
Congress that the President has determined
that the party has taken measures necessary
to comply with those provisions of the
agreement that are to take effect on the
date on which the agreement enters into
force.
* * * * * * *
(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 Congress enacts an
implementing bill under trade authorities
procedures; and
(B) is not disclosed to 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 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 4202(b) of this title
if during the 60-day period beginning on the
date that one House of Congress agrees to a
procedural disapproval resolution for lack of
notice or consultations with respect to such
trade agreement or agreements, the other House
separately agrees to a procedural disapproval
resolution with respect to such trade agreement
or agreements.
(B) Procedural disapproval resolution
(i) For purposes of this
paragraph, the term ``procedural
disapproval resolution'' means a
resolution of either House of
Congress, the sole matter after the
resolving clause of which is as
follows: ``That the President has
failed or refused to notify or
consult in accordance with the
Bipartisan Congressional Trade
Priorities and Accountability Act of
2015 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)
and paragraphs (3)(C) and (4)(C),
the President has ``failed or
refused to notify or consult in
accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015'' 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 sections
4203 and
[[Page 389]]
4204 of this title and this section
with respect to the negotiations,
agreement, or agreements;
(II) guidelines under section
4203 of this title have not been
developed or met with respect to the
negotiations, agreement, or
agreements;
(III) the President has not
met with the House Advisory Group on
Negotiations or the Senate Advisory
Group on Negotiations pursuant to a
request made under section
4203(c)(4) of this title 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
chapter.
(2) Procedures for considering resolutions
(A) Procedural disapproval resolutions--
(i) in the House of
Representatives--
(I) may be introduced by any
Member of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by
either Committee; and
(ii) in the Senate--
(I) may be introduced by any
Member of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) The provisions of subsections (d)
and (e) of section 2192 of this title
(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 clause (ii) of section
4204(b)(3)(B) of this title 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 (vii) of such section.
(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) Consideration in Senate of consultation and
compliance resolution to remove trade authorities procedures
(A) Reporting of resolution
If, when the Committee on Finance of the
Senate meets on whether to report an
implementing bill with respect to a trade
agreement or agreements entered into under
section 4202(b) of this title, the committee
fails to favorably report the bill, the
committee shall report a resolution described in
subparagraph (C).
[[Page 390]]
(B) Applicability of trade authorities
procedures
The trade authorities procedures shall not
apply in the Senate to any implementing bill
submitted with respect to a trade agreement or
agreements described in subparagraph (A) if the
Committee on Finance reports a resolution
described in subparagraph (C) and such
resolution is agreed to by the Senate.
(C) Resolution described
A resolution described in this subparagraph
is a resolution of the Senate originating from
the Committee on Finance 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 Congressional Trade Priorities and
Accountability Act of 2015 on negotiations with
respect to_____ and, therefore, the trade
authorities procedures under that Act shall not
apply in the Senate 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 described in subparagraph (A).
(D) Procedures
If the Senate does not agree to a motion to
invoke cloture on the motion to proceed to a
resolution described in subparagraph (C), the
resolution shall be committed to the Committee
on Finance.
(4) Consideration in the House of Representatives of a
consultation and compliance resolution
(A) Qualifications for reporting
resolution
If--
(i) the Committee on Ways and
Means of the House of
Representatives reports an
implementing bill with respect to a
trade agreement or agreements
entered into under section 4202(b)
of this title with other than a
favorable recommendation; and
(ii) a Member of the House of
Representatives has introduced a
consultation and compliance
resolution on the legislative day
following the filing of a report to
accompany the implementing bill with
other than a favorable
recommendation, then the Committee
on Ways and Means shall consider a
consultation and compliance
resolution pursuant to subparagraph
(B).
(B) Committee consideration of a
qualifying resolution
(i) Not later than the fourth
legislative day after the date of
introduction of the resolution, the
Committee on Ways and Means shall
meet to consider a resolution
meeting the qualifications set forth
in subparagraph (A).
(ii) After consideration of one
such resolution by the Committee on
Ways and Means, this subparagraph
shall not apply to any other such
resolution.
(iii) If the Committee on Ways
and Means has not reported the
resolution by the sixth legislative
day after the date of its
introduction, that committee shall
be discharged from further
consideration of the resolution.
(C) Consultation and compliance
resolution described
A consultation and compliance resolution--
[[Page 391]]
(i) is a resolution of the House
of Representatives, 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 Congressional Trade
Priorities and Accountability Act of
2015 on negotiations with respect
to_____ and, therefore, the trade
authorities procedures under that
Act shall not apply in the House of
Representatives 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 described in
subparagraph (A); and
(ii) shall be referred to the
Committee on Ways and Means.
(D) Applicability of trade authorities
procedures
The trade authorities procedures shall not
apply in the House of Representatives to any
implementing bill submitted with respect to a
trade agreement or agreements which are the
object of a consultation and compliance
resolution if such resolution is adopted by the
House.
(5) For failure to meet other requirements
Not later than December 15, 2015, 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
Congress a report setting forth the strategy of
the executive branch to address concerns of
Congress regarding whether dispute settlement
panels and the Appellate Body of the World Trade
Organization have added to obligations, or
diminished rights, of the United States, as
described in section 4201(b)(16)(C) of this
title. Trade authorities procedures shall not
apply to any implementing bill with respect to
an agreement negotiated under the auspices of
the World Trade Organization unless the
Secretary of Commerce has issued such report by
the deadline specified in this paragraph.
(6) Limitations on procedures with respect to agreements
with countries not in compliance with Trafficking Victims
Protection Act of 2000
(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 4202(b) of this title
with a country listed as a tier 3 country in the
most recent annual report on trafficking in
persons.
(B) Exception
(i) Invoking exception
If the President submits to the appropriate
congressional committees a letter stating that a
country to which subparagraph (A) applies has
taken concrete actions to implement the
principal recommendations with respect to that
country in the most recent annual report on
trafficking in persons, the prohibition under
subparagraph (A) shall not apply with respect to
a trade agreement or trade agreements with that
country.
(ii) Content of letter; public
availability
[[Page 392]]
A letter submitted under clause (i) with
respect to a country shall--
(I) include a description of
the concrete actions that the
country has taken to implement the
principal recommendations described
in clause (i);
(II) be accompanied by
supporting documentation providing
credible evidence of each such
concrete action, including copies of
relevant laws or regulations adopted
or modified, and any enforcement
actions taken, by that country,
where appropriate; and
(III) be made available to the
public.
(C) Special rule for changes in certain
determinations
If a country is listed as a tier 3 country
in an annual report on trafficking in persons
submitted in calendar year 2014 or any calendar
year thereafter and, in the annual report on
trafficking in persons submitted in the next
calendar year, is listed on the tier 2 watch
list, the President shall submit a detailed
description of the credible evidence supporting
the change in listing of the country,
accompanied by copies of documents providing
such evidence, where appropriate, to the
appropriate congressional committees--
(i) in the case of a change in
listing reflected in the annual
report on trafficking in persons
submitted in calendar year 2015, not
later than 90 days after February
24, 2016; and
(ii) in the case of a change in
listing reflected in an annual
report on trafficking in persons
submitted in calendar year 2016 or
any calendar year thereafter, not
later than 90 days after the
submission of that report.
* * * * * * *
(c) Rules of House of Representatives and Senate
Subsection (b) of this section, section
4202(c) of this title, and section 4204(b)(3) of
this title are enacted by 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. (Pub. L. 114-
26, Title I, Sec. 106, June 29, 2015, 129
Stat. 350; Pub. L. 114-125, Title IX,
Sec. 914(e), (f)(2), Feb. 24, 2016, 130
Stat. 274, 276.)
22 u.s.c.--foreign relations and intercourse
united states senate procedures enacted in law