PRIA, Government Policy, Made Personal

Summary

Requires Congress to use a specific joint resolution to reject the President’s recommendation to extend the authority under section 402(c) of the Trade Act of 1974. Resolution — a joint resolution from both Houses that says Congress does not approve the President’s extension, names the date of the President’s recommendation, and lists any countries not approved (or leaves that clause out if none). The rules in section 2192 apply except for a few changes. All calendar days are counted for deadlines. Only amendments that add or remove country names or that add or remove the “with respect to” clause are allowed. In the House, debate on any such amendment is limited to 1 hour, split equally for and against, and a motion to cut debate further cannot be debated. In the Senate, all amendment time counts against the overall time limit; debate on any amendment is limited to 1 hour split between the mover and the resolution manager, but if the manager supports the amendment the minority leader (or designee) controls the opposing time. Senate leaders can give extra time from their own allotments, and a motion to further limit debate is not debatable. A House or Senate may not consider a second resolution about the same Presidential recommendation once that House has already adopted one, unless the second resolution came from the other House. For conference reports on these joint resolutions, the Senate is limited to 10 hours total, split equally between the majority and minority leaders. Any debatable motion or appeal about the conference report is limited to 1 hour, split equally. If there are amendments in disagreement, each such amendment gets 30 minutes, split equally, and further amendments to those are only allowed if they are germane.

Title 19, §2193

Customs Duties, Source: USLM XML via OLRC

(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.

(b)Application of rules of section 2192 of this title; exceptions

(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)Consideration of second resolution not in order

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)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.

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