Protecting American Innovation Act
This bill establishes certain limitations on modifying trade agreements, including those related to the TRIPS Agreement (i.e., the Agreement on Trade-Related Aspects of Intellectual Property Rights). The TRIPS Agreement contains obligations for World Trade Organization members to protect patents and other intellectual property rights.
Specifically, the bill prohibits the President (or any U.S. official, employee, or agent) from negotiating or concluding any withdrawal, suspension, or modification to a trade agreement that adversely affects the rights of the United States or U.S. persons under a trade agreement with China or Russia.
Additionally, the bill states that a TRIPS waiver to address the COVID-19 pandemic shall not take effect if (1) the President does not submit required reports from the Department of Commerce and the Department of Defense (DOD), (2) the Commerce report concludes that the TRIPS waiver will not result in an increase in global vaccine access, or (3) the DOD report concludes that the TRIPS waiver would adversely impact U.S. national security.
Prior to entering into a negotiation with a trading partner concerning a suspension of or modification to a trade agreement, the bill requires (1) the U.S. Trade Representative to publish certain information in the Federal Register and allow for public comment, and (2) the President to provide written notice and consult with Congress. Further, the President shall not enter into any suspension of or modification to a trade agreement unless the President has complied with such consultation requirements and receives congressional approval.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7430 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7430
To establish limitations on modifications to trade agreements, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2022
Mr. Smith of Nebraska (for himself, Mr. Buchanan, Mr. Ferguson, Mrs.
Walorski, Mr. LaHood, Mr. Wenstrup, Mr. Murphy of North Carolina, Mr.
Estes, Mrs. Miller of West Virginia, Mr. Smucker, and Mr. Hern)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on Rules, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish limitations on modifications to trade agreements, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Innovation
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 8 of article I of the United States
Constitution provides Congress with authority over
international trade. Congress has used that authority to
approve a number of trade agreements, including the WTO
Agreement.
(2) Section 8 of article I of the United States
Constitution provides Congress with authority to provide
intellectual property protections in order to ``promote the
progress of science and useful arts''. People in the United
States rely on those protections to support jobs and continue
the highly successful leadership of the United States with
respect to innovation.
(3) The United States may not withdraw or otherwise alter
the rights and obligations for the United States arising from a
congressionally approved trade agreement without the consent of
Congress.
(4) The United States is a global leader in containing and
ending the COVID-19 pandemic.
(5) Innovators in the United States successfully and
rapidly brought to fruition vaccines that provide highly
effective protection against COVID-19. At facilities across the
United States, thousands of United States workers are working
around the clock to manufacture COVID-19 vaccines, contributing
to the rapid, global scale up of manufacturing that is expected
to reach at least 10,000,000,000 doses by the end of 2021.
(6) The United States is a founding member of the World
Trade Organization. The United States has secured and supported
critical commitments in the WTO for protection of intellectual
property of United States persons and globally, including under
the Trade-Related Aspects of Intellectual Property Rights
Agreement or the TRIPS Agreement.
(7) In implementing the Uruguay Round, Congress established
under section 315 of the Uruguay Round Agreements Act (19
U.S.C. 3581) that it is the objective of the United States to
``accelerate the implementation'' of the TRIPS Agreement and to
``seek enactment and effective implementation by foreign
countries of laws to protect and enforce intellectual property
rights that supplement and strengthen the standards'' of the
TRIPS Agreement.
(8) Longstanding intellectual property protections are
critical to efforts by the United States and the
biopharmaceutical industry to develop and manufacture vaccines
for both people in the United States and around the world.
(9) The United States is committed to providing global
access to COVID-19 vaccines.
(10) In order to accelerate production and distribution of
COVID-19 vaccines, biopharmaceutical manufacturers in the
United States are collaborating at a scale that previously was
unimaginable, including by entering into hundreds of voluntary
manufacturing, production, and other partnerships around the
world.
(11) Manufacturing each of the COVID-19 vaccines involves
highly specialized and unique infrastructure and equipment, as
well as highly trained and experienced personnel. Manufacturing
and distributing safe and effective COVID-19 vaccines on a
global scale is incredibly challenging. Many experts on vaccine
production and distribution are warning that waiving
intellectual property protections will undermine the global
response to the COVID-19 pandemic and compromise vaccine
safety, including by disrupting the distribution of scarce raw
materials for vaccines that existing vaccine makers with proven
track records for delivering high-quality, safe, and effective
vaccines need to continue their own production.
(12) The United States Trade Representative announced
without any consultation with Congress that the United States
will support a waiver of intellectual property protections
under the TRIPS Agreement for COVID-19 vaccines. That decision
is not consistent with the intellectual property negotiating
objectives of the United States set forth in section 315 of the
Uruguay Round Agreements Act (19 U.S.C. 3581).
(13) That waiver announcement created confusion, and raised
concerns that a successful effort to suspend protections will
weaken already strained supply chains and foster the
proliferation of ineffective and potentially dangerous
vaccines.
(14) The Trade Representative has not explained how a
waiver of the TRIPS Agreement will expand vaccine production
and access, particularly considering that the major impediments
to vaccination efforts include the following:
(A) The difficulty in meeting the technical
specifications of production and appropriately ensuring
that finished vaccines are high-quality, safe, and
effective.
(B) The scarcity of raw materials for the vaccines.
(C) Last-mile distribution and cold-chain storage.
(D) Trade barriers to the free flow of inputs and
finished products.
(15) The Government of the People's Republic of China and
the Government of the Russian Federation are engaged in large
scale industrial espionage and technology theft of intellectual
property of United States persons. The Department of Justice
has issued indictments in connection with attempts sponsored by
the Government of the People's Republic of China to steal
United States vaccine research with respect to COVID-19.
(16) The Government of the People's Republic of China and
the Government of the Russian Federation are using their
vaccines as part of diplomatic efforts that may be contrary to
the national security interests of the United States. Vaccines
for COVID-19 manufactured by persons in the People's Republic
of China and the Russian Federation appear to be less
efficacious than those manufactured by producers in the United
States. The Academy of Military Science, the scientific arm of
the military of the People's Republic of China, is sponsoring
the principal effort by the People's Republic of China to
develop its own mRNA vaccine.
(17) At a hearing before the Committee on Finance of the
Senate on May 12, 2021, the Trade Representative would not
commit either--
(A) to ensure that any waiver of the TRIPS
Agreement would exclude the People's Republic of China
and the Russian Federation; or
(B) to ensure that Congress has advance access to
the negotiating proposals of the United States for any
such waiver.
(18) The innovative biopharmaceutical companies in the
United States contribute more than $1,100,000,000,000 annually
to the United States economy, and employ more than 500,000
workers making 1.4 times the average earnings in the United
States, including 153,000 workers who do not have a college
degree.
(19) Waiving intellectual property protections,
particularly of the mRNA technology platform in which the
Defense Advanced Research Project Agency invested not less than
$250,000,000, raises serious economic and national security
concerns.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should continue to act as a global
leader to help contain and end the COVID-19 pandemic at home
and abroad;
(2) innovators in the United States are already heroes for
their breakthrough work in developing and producing COVID-19
vaccines;
(3) it should be a priority of the global community, with
the assistance of the United States, to efficiently and quickly
manufacture and distribute COVID-19 vaccines around the world,
and in particular to those countries that are most vulnerable;
(4) current impediments to further vaccination efforts are
due to--
(A) the technically difficult manufacturing
requirements for vaccines;
(B) the need to appropriately ensure that vaccines
are high-quality, safe, and effective;
(C) raw material constraints; and
(D) difficulties in distribution;
(5) intellectual property protections for COVID-19 vaccines
have not impeded vaccination efforts for COVID-19;
(6) intellectual property protections in fact help ensure
the safe and efficient manufacturing of COVID-19 vaccines;
(7) waiving intellectual property protections could lead to
the production of substandard, ineffective, and potentially
unsafe COVID-19 vaccines;
(8) the Trade Representative must consult with Congress
before taking a position on the current TRIPS Agreement waiver
proposal before the WTO and any further proposals to waive or
weaken intellectual property obligations under the TRIPS
Agreement;
(9) Congress and the people of the United States are
entitled to comprehensive expert analysis regarding the
implications of a waiver to the TRIPS Agreement for jobs,
economic growth, public health, and national security in the
United States; and
(10) the United States must oppose any waiver to
intellectual property obligations under the TRIPS Agreement for
the response to the COVID-19 pandemic until those implications
are fully analyzed.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives.
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(3) Ministerial change.--The term ``ministerial change'',
with respect to a trade agreement, means a change to address a
clerical, typographical, or grammatical error and does not
include any change that would change the intended rights or
obligations of a party to the trade agreement.
(4) Official advisor.--The term ``official advisor'' means
a person accredited by the Trade Representative on behalf of
the President as an official adviser to the United States
delegations to international conferences, meetings, and
negotiating sessions relating to international trade
negotiations, and who may attend any portion of those
negotiations.
(5) COVID-19 pandemic.--The term ``COVID-19 pandemic''
means the outbreak of novel coronavirus (COVID-19) that was
declared by the World Health Organization on March 11, 2020, to
be a pandemic.
(6) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined is a government that has
repeatedly provided support for acts of international
terrorism, for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other provision of law.
(7) Trade agreement.--The term ``trade agreement'' means
any trade agreement to which the United States is a party that
has been approved by Congress, including the TRIPS Agreement.
(8) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(9) TRIPS agreement.--The term ``TRIPS Agreement'' means
the Agreement on Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(15)).
(10) TRIPS waiver.--The term ``TRIPS waiver'' means any
waiver of an obligation imposed on members of the World Trade
Organization under the TRIPS Agreement.
(11) World trade organization; wto; wto agreement.--The
terms ``World Trade Organization'', ``WTO'', and ``WTO
Agreement'' have the meanings given those terms in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501).
SEC. 5. PROHIBITION ON COMPROMISING UNITED STATES TRADING RIGHTS TO
CHINA AND RUSSIA.
(a) Prohibition on Withdrawal, Suspension, or Modification.--
(1) In general.--The President, and any official, employee,
or agent of the United States, may not negotiate or conclude
any withdrawal, suspension, or modification to a trade
agreement that adversely affects, nullifies, or impairs the
rights of the United States or United States persons under a
trade agreement with respect to the People's Republic of China
or the Russian Federation.
(2) Discipline.--Any official, employee, or agent of the
United States who violates subsection (a) shall be subject to
appropriate discipline, as determined by the President,
including suspension from duty without pay or removal from
office.
(3) Report on violations.--Immediately following any
violation of subsection (a) by an official, employee, or agent
of the United States, the President shall submit to the
appropriate congressional committees a report setting forth a
statement regarding the violation and a description of the
actions taken with respect to the official, employee, or agent,
as the case may be, including all relevant facts.
(b) No Effect of Amendment or Modification to Agreement.--No
amendment or other modification to a trade agreement, including a
waiver of one or more provisions of the agreement, shall take effect
with respect to the United States--
(1) if the amendment or modification adversely affects,
nullifies, or impairs the benefits to the United States under
the agreement with respect to the People's Republic of China or
the Russian Federation, including with respect to intellectual
property rights; or
(2) if the President failed or refused to consult on the
amendment or modification pursuant to sections 6 and 7.
SEC. 6. LIMITATIONS AND ANALYSIS OF WAIVER OF OBLIGATIONS UNDER
AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS WITH RESPECT TO ADDRESSING THE COVID-19
PANDEMIC.
(a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the
COVID-19 pandemic shall not take effect with respect to the United
States if--
(1) the President fails to submit the reports required
under subsections (b) and (c)(2) pursuant to the requirements
of those subsections;
(2) the report required under subsection (b) concludes that
the TRIPS waiver will not result in an increase in global
vaccine access; or
(3) the report required under subsection (c)(2) concludes
that the TRIPS waiver would adversely impact the national
security of the United States.
(b) Interagency Public Health Report.--
(1) In general.--Before any official, employee, or agent of
the United States enters into negotiations concerning a TRIPS
waiver with respect to addressing the COVID-19 pandemic after
the date of the enactment of this Act, and not later than 60
days after such date of enactment, the Secretary of Commerce,
in consultation with the Trade Representative, the Secretary of
Health and Human Services, the Commissioner of the Food and
Drug Administration, and the Director of the Centers for
Disease Control and Prevention shall submit to Congress a
report assessing--
(A) how the TRIPS waiver would impact, during the
period beginning on the date of the enactment of this
Act and ending on December 31, 2022--
(i) access to vaccines in the United
States;
(ii) access to vaccines globally;
(iii) global supply chains of COVID-19
vaccines and related technologies and the
inputs needed to produce those vaccines and
related technologies;
(iv) the gross domestic product of the
United States;
(v) exports and imports by the United
States of COVID-19 vaccines and related
technologies and the inputs needed to produce
those vaccines and related technologies;
(vi) manufacturing in the United States of
COVID-19 vaccines and related technologies and
the inputs needed to produce those vaccines and
related technologies; and
(vii) investment in vaccine production in
the United States and in research and
development for future vaccines;
(B) what existing flexibilities within the TRIPS
Agreement can be used to expedite vaccine access during
the one-year period beginning on the date of the
enactment of this Act and how those flexibilities may
be effectively used; and
(C) other reasonably feasible alternatives to the
TRIPS waiver that might expedite global vaccine
production during that one-year period and the
effectiveness of those alternatives relative to a TRIPS
waiver, including distribution from the United States
or from other countries.
(2) Publication of report.--The Secretary of Commerce shall
publish the report required under paragraph (1) on a publicly
available website of the Department of Commerce, which shall
include a conclusion of whether a TRIPS waiver with respect to
addressing the COVID-19 pandemic will increase global vaccine
access during the one-year period beginning on the date of the
enactment of this Act.
(c) National Security Investigation.--
(1) In general.--The Secretary of Defense shall conduct an
investigation, in consultation with the Secretary of Commerce,
the Secretary of Health and Human Services, and the Trade
Representative, to determine the effects of a TRIPS waiver with
respect to addressing the COVID-19 pandemic on the national
security of the United States, in particular whether such a
waiver that extends to mRNA technology could contribute to
future deployment of that technology by the People's Republic
of China, the Russian Federation, or countries designated as
state sponsors of terrorism.
(2) Report.--
(A) In general.--Before any official, employee, or
agent of the United States enters into negotiations
concerning a TRIPS waiver with respect to addressing
the COVID-19 pandemic after the date of the enactment
of this Act, and not later than 60 days after such date
of enactment, the Secretary of Defense shall submit to
the President and the appropriate congressional
committees a report on the findings of the
investigation under paragraph (1), including the
recommendations of the Secretary for action or inaction
regarding the TRIPS waiver.
(B) Advice.--If the Secretary of Defense determines
that a TRIPS waiver with respect to addressing the
COVID-19 pandemic threatens to impair national
security, the Secretary shall so advise the President
and the appropriate congressional committees in the
report required under subparagraph (A).
SEC. 7. TRADE AGREEMENTS: SUSPENSIONS AND OTHER MODIFICATIONS,
CONSULTATIONS, AND SUBMISSION TO CONGRESS.
(a) Trade Representative Engagement With the Public.--
(1) In general.--Before entering into any negotiation with
a trading partner concerning a suspension of or modification to
a trade agreement, including a waiver of obligations, the Trade
Representative shall publish in the Federal Register a notice
identifying--
(A) the objectives of the United States for that
negotiation;
(B) the rationale for why the trade agreement does
not presently allow the United States to meet those
objectives; and
(C) the provision or provisions of the trade
agreement that the United States proposes to suspend or
modify.
(2) Comments.--The Trade Representative shall allow the
public an opportunity to submit comments concerning the notice
required under paragraph (1) for a period of not less than 30
days, and shall hold a hearing to hear testimony from members
of the public.
(b) Initial Evaluation by the Commission.--
(1) In general.--After the end of the comment period under
subsection (a)(2), and after an evaluation by the Trade
Representative of those comments, if the Trade Representative
determines to pursue a suspension of or modification to a trade
agreement, the Trade Representative shall submit to the
Commission a plan for the negotiation of the suspension or
modification, as the case may be, which shall include--
(A) the objectives of the United States for the
negotiation;
(B) a description of the inadequacies of the trade
agreement, including by reference to specific
provisions that preclude the United States from meeting
its objectives;
(C) a description of how the Trade Representative
plans to remedy those inadequacies;
(D) evidence supporting those inadequacies; and
(E) a justification for why the suspension or
modification would remedy those inadequacies.
(2) Hearing and report.--
(A) Publication of report.--For each suspension of
or modification to a trade agreement for which a plan
was submitted to the Commission under paragraph (1),
the Commission shall publish on an internet website of
the Commission a report evaluating--
(i) the existence and extent of the
purported inadequacies in the trade agreement;
(ii) what progress, if any, the plan might
make in remedying those inadequacies; and
(iii) the likely impact of the suspension
or modification on the economy of the United
States as a whole and on specific industry
sectors, including any impact on gross domestic
product, exports and imports, aggregate
employment and employment opportunities,
production, employment, and competitive
position of industries likely to be
significantly affected by the suspension or
modification, and the interests of consumers.
(B) Public hearing.--The Commission shall conduct a
public hearing for each suspension of or modification
to a trade agreement for which a plan was submitted to
the Commission under paragraph (1) before publishing a
report with respect to that suspension or modification
under subparagraph (A).
(C) Timing.--The Commission shall publish the
report required under subparagraph (A) with respect to
a suspension of or modification to a trade agreement
for which a plan was submitted to the Commission under
paragraph (1) not earlier than 30 days and not later
than 120 days after the plan was submitted.
(D) Confidential report.--If the Commission
determines that certain aspects of a report required to
be published under subparagraph (A) must be kept
confidential to protect proprietary data or to protect
the interests of the United States with respect to a
potential negotiation, the Commission shall--
(i) publish a redacted report under
subparagraph (A); and
(ii) submit to the appropriate
congressional committees an unredacted report.
(E) Negotiation.--The Trade Representative may
proceed to enter into negotiations with a trading
partner with respect to a suspension of or modification
to a trade agreement for which a plan was submitted to
the Commission under paragraph (1) not earlier than 5
business days following the publication under
subparagraph (A) of the report regarding that
suspension or modification.
(c) Congressional Consultation During the Course of Negotiations.--
(1) Notice.--Not later than 60 days before entering into
any negotiations with a trading partner concerning a suspension
of or modification to a trade agreement, including a waiver of
one or more provisions or obligations of the agreement, the
President shall provide written notice to Congress of the
intention of the President to enter into the negotiations,
which shall include--
(A) the date on which the President intends to
initiate the negotiations;
(B) the specific objectives of the United States
for the negotiations; and
(C) an assessment of why it is necessary to suspend
or modify the trade agreement in order to meet those
objectives.
(2) Consultation.--
(A) President.--Following the notice required under
paragraph (1) with respect to negotiations concerning a
suspension of or modification to a trade agreement, the
President shall consult with Congress with respect to
those negotiations as set forth in section 105 of the
Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (19 U.S.C. 4204) in the same
manner as if the suspension or modification was an
agreement subject to the provisions of that section.
(B) Trade representative.--With respect to
negotiations described in paragraph (1), the Trade
Representative shall consult closely and on a timely
basis with the appropriate congressional committees,
keeping those committees fully apprised of those
negotiations, and provide to those committees,
including staff with appropriate security clearance,
access to the text of any negotiating proposal or any
other document presented by the United States that
presents concepts or considerations for the
negotiations not later than 5 business days before
tabling it in the negotiation.
(3) Designation of advisors.--The chair and ranking member
of each of the appropriate congressional committees may each
designate not more than 4 members of their committee and not
more than 3 staffers as official advisors to negotiations
described in paragraph (1).
(4) Briefing.--
(A) In general.--The Trade Representative shall
brief the appropriate congressional committees before
and after every session with respect to negotiations
described in paragraph (1).
(B) Timing of follow-up briefing.--A briefing
required under subparagraph (A) following a negotiating
session shall take place not later than 5 business days
following the session.
(d) Timing of Existing Report.--Notwithstanding the timing
requirements under section 135(e)(1) of the Trade Act of 1974 (19
U.S.C. 2155(e)(1)), the report required under that section regarding
any trade agreement entered into under subsection (a) or (b) of section
103 of the Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4202) shall be provided to the President,
Congress, and the Trade Representative not later than 30 days after the
date on which the President notifies Congress of the intention of the
President to enter into a suspension of or modification to the trade
agreement.
(e) Authority for Suspension or Modification of a Trade
Agreement.--The President shall not enter into any suspension of or
modification to a trade agreement, unless--
(1) the President has complied with all consultation
requirements set forth in subsection (c); and
(2) an Act of Congress is enacted approving the suspension
or modification or a joint resolution is adopted under
subsection (f) approving the suspension or modification.
(f) Joint Resolution.--
(1) In general.--The President may seek a joint resolution
from Congress granting the President authority to enter into a
suspension of or modification to a trade agreement as follows:
(A) The President shall post the text concerning
the relevant changes to the trade agreement on a
publicly available website of the Office of the United
States Trade Representative for not less than 5
business days.
(B) The President shall submit the text concerning
the relevant changes to the trade agreement to the
Commission, which shall publish on a publicly available
website of the Commission a report on how the changes
to the trade agreement will impact employment, economic
growth, and consumers in the United States. The
Commission shall publish that report not earlier than
30 days and not later than 120 days after receiving
from the President the text concerning the relevant
changes to the trade agreement.
(C) The President shall submit to Congress on a day
on which both Houses of Congress are in session a copy
of the final legal text with respect to which the
President seeks authority to commit the United States,
together with--
(i) the report prepared by the Commission
under subparagraph (B);
(ii) an identification of any United States
laws that may be inconsistent with the text;
and
(iii) a statement of any administrative
action proposed to implement any changes to the
trade agreement.
(2) Introduction.--A joint resolution approving a
suspension of or modification to a trade agreement may be
introduced in either House of Congress by the chair or ranking
member of one of the appropriate congressional committees.
(3) Procedures in house and senate.--The provisions of
subsections (b) through (f) of section 152 of the Trade Act of
1974 (19 U.S.C. 2192) shall apply with respect to a joint
resolution introduced under paragraph (2) to the same extent
and in the same manner as such provisions apply with respect to
a resolution described in subsection (a) of that section.
(4) Hearing and briefings.--Following introduction of a
joint resolution under paragraph (2), the appropriate
congressional committees shall, as appropriate, hold hearings
and briefings and otherwise obtain information in order to
fully review the proposed suspension of or modification to a
trade agreement.
(5) Discharge.--If the committee of either House to which a
joint resolution introduced under paragraph (2) has been
referred has not reported it by the close of the 40th day after
its introduction (excluding any day described in section 154(b)
of the Trade Act of 1974 (19 U.S.C. 2194(b))), that committee
shall be automatically discharged from further consideration of
the joint resolution and it shall be placed on the appropriate
calendar.
(6) Consideration.--
(A) In general.--It is not in order for--
(i) the Senate to consider any joint
resolution introduced under paragraph (2)
unless it has been reported by the Committee on
Finance or the committee has been discharged
under paragraph (5); or
(ii) the House of Representatives to
consider any joint resolution introduced under
paragraph (2) unless it has been reported by
the Committee on Ways and Means or the
committee has been discharged under paragraph
(5).
(B) Motion to proceed in house of
representatives.--A motion in the House of
Representatives to proceed to the consideration of a
joint resolution may only be made on the second
legislative day after the calendar day on which the
Member making the motion announces to the House his or
her intention to do so.
(7) Rules of senate and house of representatives.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and such procedures supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(B) with the full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedures of that House) at any time,
in the same manner, and to the same extent as any other
rule of that House.
(g) Application to Ministerial Changes.--This section shall not
apply with respect to any ministerial changes to a trade agreement.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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