§2193 — Title 19 Customs Duties | U.S. Code

Summary

Lets Congress use a specific joint resolution to say it does not approve the President’s recommended extension of certain trade-waiver powers. The resolution must name the date and any countries affected (or leave out the country clause if none). Most other procedural rules for these resolutions still apply, and all calendar days are counted. Changes that only add or remove one or more country names or the “with respect to” clause are allowed. In the House, debate on any such change is limited to 1 hour split evenly between supporters and opponents, and a motion to further limit that debate cannot be debated. In the Senate, the same kinds of changes are allowed; the total time for the resolution includes all amendments. Debate on any amendment is limited to 1 hour (split between the mover and the resolution’s manager). If the manager supports the amendment, the minority leader or designee controls the opposing time. Leaders may give extra time. A motion to further limit debate on an amendment is not debatable. A House may not consider a resolution on the same presidential recommendation if that House already adopted one, unless the resolution came from the other House. If there is a conference report, Senate consideration is limited to 10 hours split between the majority and minority leaders or their designees. Debate on any related debatable motion or appeal is limited to 1 hour split between the mover and the manager. If there are disputed amendments, each gets 30 minutes split between the manager and the minority leader or designee, and no amendment to those disputed amendments is allowed unless it is germane.

Title 19, §2193

Customs Duties — Source: USLM XML via OLRC

(a)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)(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 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)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)(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 402 of the Trade Act of 1974, referred to in catchline and subsec. (a), is classified to section 2432 of this title.

Amendments

1990—Subsec. (a). Pub. L. 101–382, § 132(a)(3), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “For purposes of this section, the term ‘resolution’ means only— “(1) a concurrent 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 the authority contained in section 402(c)(1) of the Trade Act of 1974 recommended by the President to the Congress on ___, except 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 except clause being omitted if there is no such country; and “(2) a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: ‘That the ___ 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 name of the resolving House, the second blank space being filled with the appropriate date, and the third 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 with-respect-to clause being omitted if the extension of the authority is not approved with respect to any country.” Subsec. (b). Pub. L. 101–382, § 132(a)(4), in par. (2), struck out provisions substituting 20 days for 30 days in resolution related to section 2432(d)(4) of this title, and in pars. (3) and (4), struck out provisions relating to except clause in resolutions under subsec. (a)(1) and provisions identifying with-respect-to clause as relating to resolutions under subsec. (a)(2). Subsec. (c). Pub. L. 101–382, § 132(a)(5), substituted “subsection (a)” for “subsection (a)(1)”. Subsec. (d). Pub. L. 101–382, § 132(a)(6), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–382 applicable with respect to recommendations made under section 2432(d) of this title by the President after May 23, 1990, see section 132(d) of Pub. L. 101–382, set out as a note under section 2432 of this title.

§2193 Resolutions relating to extension of waiver authority under section 402 of the Trade Act of 1974