Pub. L. 101-382, tit. I, subtit. D, sec. 132

TECHNICAL AMENDMENTS REGARDING NONDISCRIMINATORY TRADE TREATMENT.

EnactedYear: 1990Length: 2,391 wordsOfficial source
SEC. 132. TECHNICAL AMENDMENTS REGARDING NONDISCRIMINATORY TRADE TREATMENT. (a) Waiver Authority.— (1) Paragraph (5) of section 402(d) of the Trade Act of 1974 (19 U.S.C. 2432(d)(5)) is amended— (A) by striking out “the waiver authority granted by subsection (c) has been extended under paragraph (3) or (4) for any country for the 12-month period referred to in such paragraphs, and”, 104 STAT. 644 (B) by striking out “such authority will” in the first sentence thereof and inserting in lieu thereof “the waiver authority granted under subsection (c) will”, and (C) by striking out “, unless” in the next to the last sentence and all that follows through the end of such paragraph and inserting “, unless a joint resolution described in section 153(a) is enacted into law pursuant to the provisions of paragraph (2).”. (2) Subsection (d) of section 402 of the Trade Act of 1974 (19 U.S.C. 2432(d)), as amended by paragraph (1), is amended— (A) by striking out paragraphs (1), (2), (3), and (4), (B) by redesignating paragraph (5) as paragraph (1), and (C) by adding at the end thereof the following new paragraph: “(2) (A) The requirements of this paragraph are met if the joint resolution is enacted under the procedures set forth in section 153, and— “(i) the Congress adopts and transmits the joint resolution to the President before the end of the 60-day period beginning on the date the waiver authority would expire but for an extension under paragraph (1), and “(ii) if the President vetoes the joint resolution, each House of Congress votes to override such veto on or before the later of the last day of the 60-day period referred to in clause (i) or the last day of the 15-day period (excluding any day described in section 154(b)) beginning on the date the Congress receives the veto message from the President. “(B) If a joint resolution is enacted into law under the provisions of this paragraph, the waiver authority applicable to any country with respect to which the joint resolution disapproves of the extension of such authority shall cease to be effective as of the day after the 60-day period beginning on the date of the enactment of the joint resolution. “(C) A joint resolution to which this subsection and section 153 apply may be introduced at any time on or after the date the President transmits to the Congress the document described in paragraph (1)(B).” (3) Subsection (a) of section 153 of the Trade Act of 1974 (19 U.S.C. 2193(a)) is amended to read as follows: “(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.” (4) Subsection (b) of section 153 of the Trade Act of 1974 (19 U.S.C. 2193(b)) is amended— (A) by striking out “, and, in the case of a resolution related to section 402(d)(4), 20 calendar days shall be substituted for 30 days” in paragraph (2), 104 STAT. 645 (B) by striking out “an except clause, in the case of a resolution described in subsection (a)(1), or” in paragraph (3), (C) by striking out “, in the case of a resolution described in subsection (a)(2)” in paragraph (3), (D) by striking out “an except clause, in the case of a resolution described in subsection (a)(1), or” in paragraph (4), and (E) by striking out “, in the case of a resolution described in subsection (a)(2)” in paragraph (4). (5) Subsection (c) of section 153 of the Trade Act of 1974 (19 U.S.C. 2193) is amended by striking out “in subsection (a)(l)” and inserting in lieu thereof “in subsection (a)”. (6) Section 153 of the Trade Act of 1974 (19 U.S.C. 2193) is amended by adding at the end thereof the following new subsection: “(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.” (b) Bilateral Commercial Agreements.— (1) Subsection (c) of section 405 of the Trade Act of 1974 (19 U.S.C. 2435(c)) is amended to read as follows: “(c) An agreement referred to in subsection (a), and a proclamation referred to in section 404(a) implementing such agreement, shall take effect only if a joint resolution described in section 151(b)(3) that approves of the agreement referred to in subsection (a) is enacted into law.” (2) Section 151 of the Trade Act of 1974 (19 U.S.C. 2191(b)) is amended— (A) by inserting “or resolution” after “revenue bill” in subsection (b)(2), (B) by inserting “, or approval resolution,” in subsection (b)(2) after “implementing bill”, (C) by striking out “concurrent” in subsection (b)(3) and inserting in lieu thereof “joint”, (D) by striking out “revenue bill” each place it appears in subsection (e)(2) and inserting in lieu thereof “revenue bill or resolution”, and (E) by striking out “such bill” each place it appears in subsection (e)(2) and inserting in lieu thereof “such bill or resolution”. 104 STAT. 646 (3) Subsection (c) of section 407 of the Trade Act of 1974 (19 U.S.C. 2437(c)) is amended— (A) by striking out paragraphs (1) and (2) and inserting in lieu thereof the following new paragraph: “(1) In the case of a document referred to in subsection (a), the proclamation set forth in the document may become effective and the agreement set forth in the document may enter into force and effect only if a joint resolution described in section 151(b)(3) that approves of the extension of nondiscriminatory treatment to the products of the country concerned is enacted into law.”, and (B) by redesignating paragraph (3) as paragraph (2). (c) Compliance Reports.— (1) Paragraph (2) of section 407(c) of the Trade Act of 1974 (19 U.S.C. 2437(c)(2)), as redesignated by subsection (b)(3)(B) of this section, is amended— (A) by striking out “either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 152)” and inserting in lieu thereof “a joint resolution described in section 152(a)(1)(B) is enacted into law that disapproves”, (B) by striking out “the date of the adoption” and inserting in lieu thereof “the end of the 60-day period beginning with the date of the enactment”, and (C) by adding at the end thereof the following new sentence: “If the President vetoes the joint resolution, the joint resolution shall be treated as enacted into law before the end of the 90-day period under this paragraph if both Houses of Congress vote to override such veto on or before the later of the last day of such 90-day period or the last day of the 15-day period (excluding any day described in section 154(b)) beginning on the date the Congress receives the veto message from the President.” (2) Subparagraph (B) of section 152(a)(1) of the Trade Act of 1974 (19 U.S.C. 2192(a)(1)(B)) is amended to read as follows: “(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.” (3) Paragraph (2) of section 152(a) of the Trade Act of 1974 (19 U.S.C. 2192(a)(2)) is amended— (A) by striking out “second” in the matter preceding subparagraph (A) and inserting in lieu thereof “first”, (B) by adding “and” at the end of subparagraph (A), (C) by striking out “407(c)(3)” in subparagraph (C) and inserting in lieu thereof “407(c)(2)”, (D) by striking out subparagraph (B), and (E) by redesignating subparagraph (C) as subparagraph (B). (4) Paragraph (1) of section 152(c) of the Trade Act of 1974 (19 U.S.C. 2192(c)(1)) is amended by striking out “except” and all that follows thereafter and inserting the following: “except that a motion to discharge— 104 STAT. 647 “(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.”. (5) Subsection (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(f)) is amended to read as follows: “(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 pas-sage in the Senate shall be on the resolution that passed the House of Representatives. “(B) If the Senate passes a resolution before receiving from the House of Representatives a joint resolution that contains the identical matter, the joint resolution shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed. “(2) If the texts of joint resolutions described in section 152 or 153(a), whichever is applicable, concerning any matter are not identical— “(A) the Senate shall vote passage on the resolution introduced in the Senate, and “(B) the text of the joint resolution passed by the Senate shall, immediately upon its passage (or, if later, upon receipt of the joint resolution passed by the House), be substituted for the text of the joint resolution passed by the House of Representatives, and such resolution, as amended, shall be returned with a request for a conference between the two Houses. “(3) Consideration in the Senate of any veto message with respect to a joint resolution described in subsection (a)(2)(B) or section 153(a), including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.” (6) 407(c)(3)” Subsection (b) of section 154 of the Trade Act of 1974 (194 U.S.C. 2194(b)) is amended by striking out “407(c)(2)” and “407(c)(3)” and inserting in lieu thereof “and 407(c)(2)”. (d) Effective Dates.— 104 STAT. 648 (1) In general.— Except as provided in paragraph (2), the amendments made by this section take effect on the date of the enactment of this Act. (2) Extension of waiver authority.— (A) The amendments made by subsections (a) and (c) (4) and (5) apply with respect to recommendations made under section 402(d) of the Trade Act of 1974 by the President after May 23, 1990. (B) Solely for purposes of applying the applicable provisions of the Trade Act of 1974 with respect to the recommendations made by the President to the House of Representatives and the Senate under subsection (d) of section 402 of the Trade Act of 1974 after May 23, 1990, and on or before the date of the enactment of this Act— (i) in paragraph (2)(A)(i) of subsection (d) of such section 402 (as amended by subsection (a)), the date on which the waiver authority granted under subsection (c) of such section 402 would expire but for an extension under paragraph (1) of such subsection (d) is the date of the enactment of this Act; (ii) paragraph (2)(A)(ii) of subsection (d) of such section 402 (as amended by subsection (a)) shall be treated as reading as follows: “(ii) if the President vetoes the joint resolution, each House of Congress votes to override such veto on or before the last day of the 60-day period referred to in clause (i).”; (iii) if the waiver authority granted under such subsection (c) is extended after application of clauses (i) and (ii), the expiration date for such authority is July 3, 1991; and (iv) only joint resolutions described in section 153(a) of the Trade Act of 1974 (as amended by subsection (a)) that are introduced in the House of Representatives or the Senate on or after the date of the enactment of this Act may be considered by either body.
Pub. L. 101-382, tit. I, subtit. D, sec. 132: TECHNICAL AMENDMENTS REGARDING NONDISCRIMINATORY TRADE TREATMENT. | Justis AI