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Full Text of this Amendment
SA 3710. Mr. LUGAR submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 32__. CORRECTIVE LEGISLATION.
(a) Definition of Joint Resolution.--In this section, the term ``joint resolution'' means only a joint resolution introduced during the 90-day period beginning on the date on which the report referred to in subsection (b) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ``That Congress approves the draft legislation included in the report required
under section __(b) of the Food and Energy Security Act of 2007 submitted by the President to Congress on
__XX, and the legislation shall have force and effect.'' (The blank spaces being appropriately filled in).
(b) Report.--Not later than 90 days after the date of final adjudication of any appeals by the President relating to a finding that any United States commodity program is in violation of a trading rule of the World Trade Organization, the President may submit to each House of Congress a report that includes--
(1) a notification of any effective date of sanctions to be imposed for failure to correct the violation; and
(2) draft legislation for use in correcting the violation.
(c) Congressional Action.--Subject to subsection (f), if Congress receives a notification described in subsection (b)(1), the approval of Congress of the draft legislation submitted under subsection (b)(2) shall be effective if, and only if, a joint resolution is enacted into law pursuant to subsections (d) and (e).
(d) Procedural Provisions.--
(1) IN GENERAL.--The requirements of this subsection are met if--
(A) a joint resolution is adopted under subsection (e); and
(B)(i) Congress transmits the joint resolution to the President before the end of the 90-day period beginning on the date on which Congress receives the report of the President under subsection (b); and
(ii)(I) the President signs the joint resolution; or
(II) if the President vetoes the joint resolution, each House of Congress votes to override that veto on or before the later of--
(aa) the last day of the 90-day period referred to in clause (i); or
(bb) the last day of the 15-day period beginning on the date on which Congress receives the veto message from the President.
(2) INTRODUCTION.--A joint resolution to which this subsection applies may be introduced at any time on or after the date on which Congress receives the report of the President under subsection (b).
(e) Joint Resolution.--
(1) PROCEDURES.--
(A) IN GENERAL.--Joint resolutions--
(i) may be introduced in either House of Congress by any Member of such House; and
(ii) shall be referred--
(I) to the Committee on Agriculture of the House of Representatives, if the joint resolution is introduced in the House of Representatives; or
(II) to the Committee on Agriculture, Nutrition, and Forestry of the Senate, if the joint resolution is introduced in the Senate.
(B) APPLICATION OF SECTION 151 OF THE TRADE ACT OF 1974.--Subject to the provisions of this subsection, the provisions of subsections (c), (d), (f), and (g) of section 151 of the Trade Act of 1974 (19 U.S.C. 2191(c), (d), (f), and (g)) shall apply to joint resolutions to the same extent as such provisions apply to implementing bills under that section.
(C) DISCHARGE OF COMMITTEE.--If a committee of either House to which a joint resolution has been referred has not reported the joint resolution by the close of the 45th day after its introduction--
(i) the committee shall be automatically discharged from further consideration of the joint resolution; and
(ii) the joint resolution shall be placed on the appropriate calendar.
(D) FLOOR CONSIDERATION.--It shall not be in order for--
(i) the Senate to consider any joint resolution unless the joint resolution has been reported by the Committee on Agriculture, Nutrition, or Forestry of the Senate or the committee has been discharged under subparagraph (C);
(ii) the House of Representatives to consider any joint resolution unless the joint resolution has been reported by the Committee on Agriculture of the House of Representatives or the committee has been discharged under subparagraph (C); or
(iii) either House to consider any joint resolution or take any action under clause (i) or (ii) of subsection (d)(1)(B), if the President has notified the appropriate committees that the decision to impose sanctions described in subsection (b)(1) has been withdrawn and the sanctions have not actually been imposed.
(E) CONSIDERATION IN THE HOUSE.--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 his or her intention to do so.
(2) CONSIDERATION OF SECOND RESOLUTION NOT IN ORDER.--It shall not be in order in either the House of Representatives or the Senate to consider another joint resolution under this section (other than a joint resolution received from the other House), if that House has previously voted on a joint resolution under this section with respect to the same presidential notification described in subsection (b)(1).
(3) COMPUTATION OF TIME PERIOD.--For the purpose of subsection (d)(1)(B)(ii)(II) and paragraph (1)(C), the 90-day period, the 15-day period, and the 45 days referred to in those provisions shall be computed by excluding--
(A) 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
(B) any Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session.
(4) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.--This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and such procedures supersede other rules only to the extent that such procedures 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.
(f) Intervening Enactment.--A joint resolution shall not be required under this section if, during the period beginning on the date on which the President submits to Congress draft legislation under subsection (b)(2) and ending on the date on which Congress enacts a joint resolution under subsection (e), a law containing or preempting the draft legislation is enacted.
(As printed in the Congressional Record for the Senate on Nov 15, 2007.)
At the end of subtitle C of title III, add the following:
SEC. 32__. CORRECTIVE LEGISLATION.
(a) Definition of Joint Resolution.--In this section, the term ``joint resolution'' means only a joint resolution introduced during the 90-day period beginning on the date on which the report referred to in subsection (b) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ``That Congress approves the draft legislation included in the report required
under section __(b) of the Food and Energy Security Act of 2007 submitted by the President to Congress on
__XX, and the legislation shall have force and effect.'' (The blank spaces being appropriately filled in).
(b) Report.--Not later than 90 days after the date of final adjudication of any appeals by the President relating to a finding that any United States commodity program is in violation of a trading rule of the World Trade Organization, the President may submit to each House of Congress a report that includes--
(1) a notification of any effective date of sanctions to be imposed for failure to correct the violation; and
(2) draft legislation for use in correcting the violation.
(c) Congressional Action.--Subject to subsection (f), if Congress receives a notification described in subsection (b)(1), the approval of Congress of the draft legislation submitted under subsection (b)(2) shall be effective if, and only if, a joint resolution is enacted into law pursuant to subsections (d) and (e).
(d) Procedural Provisions.--
(1) IN GENERAL.--The requirements of this subsection are met if--
(A) a joint resolution is adopted under subsection (e); and
(B)(i) Congress transmits the joint resolution to the President before the end of the 90-day period beginning on the date on which Congress receives the report of the President under subsection (b); and
(ii)(I) the President signs the joint resolution; or
(II) if the President vetoes the joint resolution, each House of Congress votes to override that veto on or before the later of--
(aa) the last day of the 90-day period referred to in clause (i); or
(bb) the last day of the 15-day period beginning on the date on which Congress receives the veto message from the President.
(2) INTRODUCTION.--A joint resolution to which this subsection applies may be introduced at any time on or after the date on which Congress receives the report of the President under subsection (b).
(e) Joint Resolution.--
(1) PROCEDURES.--
(A) IN GENERAL.--Joint resolutions--
(i) may be introduced in either House of Congress by any Member of such House; and
(ii) shall be referred--
(I) to the Committee on Agriculture of the House of Representatives, if the joint resolution is introduced in the House of Representatives; or
(II) to the Committee on Agriculture, Nutrition, and Forestry of the Senate, if the joint resolution is introduced in the Senate.
(B) APPLICATION OF SECTION 151 OF THE TRADE ACT OF 1974.--Subject to the provisions of this subsection, the provisions of subsections (c), (d), (f), and (g) of section 151 of the Trade Act of 1974 (19 U.S.C. 2191(c), (d), (f), and (g)) shall apply to joint resolutions to the same extent as such provisions apply to implementing bills under that section.
(C) DISCHARGE OF COMMITTEE.--If a committee of either House to which a joint resolution has been referred has not reported the joint resolution by the close of the 45th day after its introduction--
(i) the committee shall be automatically discharged from further consideration of the joint resolution; and
(ii) the joint resolution shall be placed on the appropriate calendar.
(D) FLOOR CONSIDERATION.--It shall not be in order for--
(i) the Senate to consider any joint resolution unless the joint resolution has been reported by the Committee on Agriculture, Nutrition, or Forestry of the Senate or the committee has been discharged under subparagraph (C);
(ii) the House of Representatives to consider any joint resolution unless the joint resolution has been reported by the Committee on Agriculture of the House of Representatives or the committee has been discharged under subparagraph (C); or
(iii) either House to consider any joint resolution or take any action under clause (i) or (ii) of subsection (d)(1)(B), if the President has notified the appropriate committees that the decision to impose sanctions described in subsection (b)(1) has been withdrawn and the sanctions have not actually been imposed.
(E) CONSIDERATION IN THE HOUSE.--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 his or her intention to do so.
(2) CONSIDERATION OF SECOND RESOLUTION NOT IN ORDER.--It shall not be in order in either the House of Representatives or the Senate to consider another joint resolution under this section (other than a joint resolution received from the other House), if that House has previously voted on a joint resolution under this section with respect to the same presidential notification described in subsection (b)(1).
(3) COMPUTATION OF TIME PERIOD.--For the purpose of subsection (d)(1)(B)(ii)(II) and paragraph (1)(C), the 90-day period, the 15-day period, and the 45 days referred to in those provisions shall be computed by excluding--
(A) 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
(B) any Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session.
(4) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.--This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and such procedures supersede other rules only to the extent that such procedures 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.
(f) Intervening Enactment.--A joint resolution shall not be required under this section if, during the period beginning on the date on which the President submits to Congress draft legislation under subsection (b)(2) and ending on the date on which Congress enacts a joint resolution under subsection (e), a law containing or preempting the draft legislation is enacted.
(As printed in the Congressional Record for the Senate on Nov 15, 2007.)
