19 U.S.C. § 2191 — Bills implementing trade agreements on

Page 542 TITLE 19—CUSTOMS DUTIES § 2191 (i) no longer treat as a developing country for the purposes of the WTO any WTO Member that in the USTR’s judgment is improperly declaring itself a devel- oping country and inappropriately seeking the benefit of flexibilities in WTO rules and negotiations; and (ii) where relevant, not support any such country’s membership in the OECD. (b) Before taking any action under subsection (a) of this section, the USTR shall: (i) consult with the Trade Policy Committee estab- lished under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872); (ii) consult with the National Security Council and the National Economic Council as to the advisability of interagency coordination through the process described in National Security Presidential Memorandum–4 of April 4, 2017 (Organization of the National Security Council, the Homeland Security Council, and Sub- committees) [50 U.S.C. 3021 note], or any successor doc- ument; and (iii) consider the WTO Member’s involvement in glob- al trade, membership in key economic decision-making groups, placement within relative economic and other indicators, and any other factors the USTR deems ap- propriate. (c) The USTR shall publish on its website a list of all self-declared developing countries that the USTR be- lieves are inappropriately seeking the benefit of devel- oping-country flexibilities in WTO rules and negotia- tions. SEC. 4. Publication. The USTR is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. PART 5—CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL ACTIONS § 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 proce- dure 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 de- scribed in subsection (b)(3), and resolutions de- scribed in sections 2192(a) and 2193(a) of this title; and they supersede other rules only to the extent that they are inconsistent there- with; and (2) with full recognition of the constitu- tional 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 agree- ment or agreements or such extension, (B) a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agree- ments, and (C) if changes in existing laws or new stat- utory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary or appro- priate to implement such trade agreement or agreements or such extension, either re- pealing or amending existing laws or pro- viding 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 Representa- tives. (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 Con- gress approves the extension of nondiscrim- inatory treatment with respect to the prod- ucts of llll transmitted by the President to the Congress on llll.’’, the first blank space being filled with the name of the coun- try 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 Rep- resentatives 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 sub- mitted by the President with respect to such trade agreement or extension shall be intro- duced (by request) in the House by the majority leader of the House, for himself and the minor- ity leader of the House, or by Members of the House designated by the majority leader and mi- nority leader of the House; and shall be intro- duced (by request) in the Senate by the majority leader of the Senate, for himself and the minor- ity 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 imple- menting 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 Pre- siding 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 com- mittees 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 Page 543 TITLE 19—CUSTOMS DUTIES § 2191 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 Sen- ate, 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 trans- mitted, 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 ap- proval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this sub- section shall be in order in either House, nor shall it be in order in either House for the Pre- siding Officer to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for committee and floor consideration (1) Except as provided in paragraph (2), if the committee or committees of either House to which an implementing bill or approval resolu- tion has been referred have not reported it at the close of the 45th day after its introduction, such committee or committees shall be auto- matically discharged from further consideration of the bill or resolution and it shall be placed on the appropriate calendar. A vote on final pas- sage of the bill or resolution shall be taken in each House on or before the close of the 15th day after the bill or resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from fur- ther consideration of the bill or resolution. If prior to the passage by one House of an imple- menting bill or approval resolution of that House, that House receives the same imple- menting 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 com- mittees of the Senate. If such committee or committees have not reported such bill or reso- lution at the close of the 15th day after its re- ceipt by the Senate (or, if later, before the close of the 45th day after the corresponding imple- menting revenue bill or resolution was intro- duced in the Senate), such committee or com- mittees 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 com- mittee or committees have been discharged from further consideration of such bill or resolu- tion. (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 imple- menting bill or approval resolution shall be highly privileged and not debatable. An amend- ment 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 dis- agreed 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 fa- voring and those opposing the bill or resolution. A motion further to limit debate shall not be de- batable. It shall not be in order to move to re- commit an implementing bill or approval reso- lution or to move to reconsider the vote by which an implementing bill or approval resolu- tion is agreed to or disagreed to. (3) Motions to postpone, made in the House of Representatives with respect to the consider- ation of an implementing bill or approval reso- lution, and motions to proceed to the consider- ation 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 relat- ing to an implementing bill or approval resolu- tion 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 ap- proval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar cir- cumstances. (g) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of an implementing bill or ap- proval resolution shall be privileged and not de- batable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (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 con- trolled by, the majority leader and the minority leader or their designees. Page 544 TITLE 19—CUSTOMS DUTIES § 2192 1 So in original. Probably should not be capitalized. (3) Debate in the Senate on any debatable mo- tion or appeal in connection with an imple- menting bill or approval resolution shall be lim- ited to not more than 1 hour, to be equally di- vided 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 reso- lution is in favor of any such motion or appeal, the time in opposition thereto, shall be con- trolled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an imple- menting bill or approval resolution, allot addi- tional time to any Senator during the consider- ation of any debatable motion or appeal. (4) A motion in the Senate to further limit de- bate is not debatable. A motion to recommit an implementing bill or approval resolution is not in order. (Pub. L. 93–618, title I, § 151, Jan. 3, 1975, 88 Stat. 2001; Pub. L. 100–418, title I, § 1107(b)(1), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 101–382, title I, § 132(b)(2), Aug. 20, 1990, 104 Stat. 645; Pub. L. 103–465, title II, § 282(c)(4), Dec. 8, 1994, 108 Stat. 4929; Pub. L. 107–210, div. B, title XXI, § 2110(a)(1), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 114–26, title I, § 110(a)(6), June 29, 2015, 129 Stat. 358.) Editorial Notes AMENDMENTS 2015—Subsecs. (b)(1), (c)(1). Pub. L. 114–26, § 110(a)(6), substituted ‘‘section 4205(a)(1) of this title’’ for ‘‘section 3805(a)(1) of this title’’. 2002—Subsec. (b)(1). Pub. L. 107–210, § 2110(a)(1)(A), substituted ‘‘section 3572 of this title, or section 3805(a)(1) of this title’’ for ‘‘section 2903(a)(1) of this title, or section 3572 of this title’’ in introductory pro- visions. Subsec. (c)(1). Pub. L. 107–210, § 2110(a)(1)(B), sub- stituted ‘‘, section 3572 of this title, or section 3805(a)(1) of this title’’ for ‘‘or section 3572 of this title’’. 1994—Subsec. (b)(1). Pub. L. 103–465, § 282(c)(4)(A), in introductory provisions, inserted ‘‘, or with respect to an extension described in section 3572(c)(3) of this title,’’ after ‘‘trade agreements’’ and substituted ‘‘, section 2903(a)(1) of this title, or section 3572 of this title’’ for ‘‘or section 2903(a)(1) of this title’’, and in subpars. (A) and (C), inserted ‘‘or such extension’’ after ‘‘agreements’’ wherever appearing. Subsec. (c)(1). Pub. L. 103–465, § 282(c)(4)(B), inserted ‘‘or section 3572 of this title’’ after ‘‘section 2112 of this title’’ and ‘‘or extension’’ after ‘‘agreement’’ wherever appearing. 1990—Subsec. (b)(2). Pub. L. 101–382, § 132(b)(2)(A), (B), inserted ‘‘or resolution’’ after ‘‘revenue bill’’ and ‘‘, or approval resolution,’’ after ‘‘implementing bill’’. Subsec. (b)(3). Pub. L. 101–382, § 132(b)(2)(C), sub- stituted ‘‘joint’’ for ‘‘concurrent’’. Subsec. (e)(2). Pub. L. 101–382, § 132(b)(2)(D), (E), sub- stituted ‘‘revenue bill or resolution’’ for ‘‘revenue bill’’ in three places and ‘‘such bill or resolution’’ for ‘‘such bill’’ in five places. 1988—Subsec. (b)(1). Pub. L. 100–418 inserted reference to section 2903(a)(1) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of subtitle IV (§ 1671 et seq.) of chapter 4 of this title after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. § 2192. Resolutions disapproving certain actions (a) Contents of resolutions (1) For purposes of this section, the term ‘‘res- olution’’ 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 Con- gress does not approve the action taken by, or the determination of, the President under sec- tion 203 of the Trade Act of 1974 transmitted to the Congress on lll.’’, the blank space being filled with the appropriate date; and (B) a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ‘‘That the Con- gress does not approve lll transmitted to the Congress on lll.’’, with the first blank space being filled in accordance with para- graph (2), and the second blank space being filled with the appropriate date. (2) The first blank space referred to in para- graph (1)(B) shall be filled, in the case of a reso- lution referred to in section 2437(c)(2) of this title, with the phrase ‘‘the report of the Presi- dent submitted under section lll of the Trade Act of 1974 with respect to lll’’ (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 Com- mittee 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 dis- charge— (A) may only be made on the second legisla- tive 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 1 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 resolu-