19 U.S.C. § 2192 — Resolutions disapproving certain actions

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- Page 545 TITLE 19—CUSTOMS DUTIES § 2192 tion, and to be divided in the Senate equally be- tween, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (d) Floor consideration in the House (1) A motion in the House of Representatives to proceed to the consideration of a resolution shall be highly privileged and not debatable. 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 dis- agreed to. (2) Debate in the House of Representatives on a resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolu- tion. A motion further to limit debate shall not be debatable. No amendment to, or motion to re- commit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a resolution is agreed to or disagreed to. (3) Motions to postpone, made in the House of Representatives with respect to the consider- ation of a resolution, and motions to proceed to the consideration of other business, shall be de- cided 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 a resolution shall be decided without de- bate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a resolution in the House of Representatives shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances. (e) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to recon- sider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, to be equally divided between, and con- trolled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable mo- tion or appeal in connection with 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 motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or ap- peal. (4) A motion in the Senate to further limit de- bate on a resolution, debatable motion, or ap- peal is not debatable. No amendment to, or mo- tion to recommit, a resolution is in order in the Senate. (f) Procedures in the Senate (1) Except as otherwise provided in this sec- tion, the following procedures shall apply in the Senate to a resolution to which this section ap- plies: (A)(i) Except as provided in clause (ii), a res- olution that has passed the House of Rep- resentatives shall, when received in the Sen- ate, be referred to the Committee on Finance for consideration in accordance with this sec- tion. (ii) If a resolution to which this section ap- plies was introduced in the Senate before re- ceipt 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 Sen- ate 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 res- olution 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 resolu- tion 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 this section or section 2193(a) of this title, whichever is applicable, concerning any matter are not identical— (A) the Senate shall vote passage on the res- olution introduced in the Senate, and (B) the text of the joint resolution passed by the Senate shall, immediately upon its pas- sage (or, if later, upon receipt of the joint res- olution passed by the House), be substituted for the text of the joint resolution passed by the House of Representatives, and such resolu- tion, as amended, shall be returned with a re- quest for a conference between the two Houses. (3) Consideration in the Senate of any veto message with respect to a joint resolution de- scribed in subsection (a)(2)(B) or section 2193(a) of this title, including consideration of all de- batable 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. (Pub. L. 93–618, title I, § 152, Jan. 3, 1975, 88 Stat. 2004; Pub. L. 96–39, title IX, § 902(a)(1), title XI, § 1106(c)(5), July 26, 1979, 93 Stat. 299, 312; Pub. L. 98–573, title II, § 248(b), Oct. 30, 1984, 98 Stat. 2998; Pub. L. 101–382, title I, § 132(c)(2)–(5), Aug. 20, 1990, 104 Stat. 646, 647; Pub. L. 103–465, title II, § 261(d)(1)(A)(ii), Dec. 8, 1994, 108 Stat. 4909; Pub. L. 104–295, § 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.) Page 546 TITLE 19—CUSTOMS DUTIES § 2193 Editorial Notes REFERENCES IN TEXT Section 203 of the Trade Act of 1974, referred to in subsec. (a)(1)(A), is section 203 of Pub. L. 93–618, title II, Jan. 3, 1975, 88 Stat. 2015, which is classified to section 2253 of this title. Sections 402(b) and 409(b) of the Trade Act of 1974, re- ferred to in subsec. (a)(2), are sections 402(b) and 409(b) of Pub. L. 93–618, title IV, Jan. 3, 1975, 88 Stat. 2060, 2064, respectively, which are classified to sections 2432 and 2439 of this title, respectively. AMENDMENTS 1996—Subsec. (a)(2). Pub. L. 104–295 amended directory language of Pub. L. 103–465. See 1994 Amendment note below. 1994—Subsec. (a)(2). Pub. L. 103–465, as amended by Pub. L. 104–295, substituted comma for ‘‘as follows:’’ after ‘‘shall be filled’’ in introductory provisions, struck out ‘‘(B)’’ before ‘‘in the case’’, and struck out subpar. (A) which read as follows: ‘‘in the case of a res- olution referred to in section 1303(e) of this title, with the phrase ‘the determination of the Secretary of the Treasury under section 303(d) of the Tariff Act of 1930’; and’’. 1990—Subsec. (a)(1)(B). Pub. L. 101–382, § 132(c)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: ‘That the lll does not approve lll transmitted to the Congress on lll.’, with the first blank space being filled with the name of the resolving House, the second blank space being filled in accordance with paragraph (2), and the third blank space being filled with the appropriate date.’’ Subsec. (a)(2). Pub. L. 101–382, § 132(c)(3), substituted ‘‘first’’ for ‘‘second’’ in introductory provisions and ‘‘2437(c)(2)’’ for ‘‘2437(c)(3)’’ in subpar. (C), redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: ‘‘in the case of a resolution re- ferred to in section 2437(c)(2) of this title, with the phrase ‘the extension of nondiscriminatory treatment with respect to the products of lll’ (with this blank space being filled with the name of the country in- volved); and’’. Subsec. (c)(1). Pub. L. 101–382, § 132(c)(4), substituted ‘‘except that a motion to discharge— ‘‘(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 inten- tion to do so; and ‘‘(B) is not in order after the Committee has re- ported a resolution with respect to the same matter’’ for ‘‘except no motion to discharge shall be in order after the committee has reported a resolution with respect to the same matter’’. Subsec. (f). Pub. L. 101–382, § 132(c)(5), amended sub- sec. (f) generally. Prior to amendment, subsec. (f) read as follows: ‘‘In the case of a resolution described in sub- section (a)(1) of this section, if prior to the passage by one House of a resolution of that House, that House re- ceives a resolution with respect to the same matter from the other House, then— ‘‘(1) the procedure in that House shall be the same as if no resolution had been received from the other House; but ‘‘(2) the vote on final passage shall be on the resolu- tion of the other House.’’ 1984—Subsec. (a)(1)(A). Pub. L. 98–573 substituted ‘‘joint resolution’’ for ‘‘concurrent resolution’’. 1979—Subsec. (a)(1)(A). Pub. L. 96–39, § 902(a)(1)(A), substituted ‘‘does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on lll.’, the blank space being filled with the appro- priate date’’ for ‘‘does not approve lll transmitted to the Congress on lll.’, the first blank space being filled in accordance with paragraph (2) and the second blank space being filled with the appropriate date’’. Subsec. (a)(1)(B). Pub. L. 96–39, § 902(a)(1)(B), sub- stituted ‘‘paragraph (2),’’ for ‘‘paragraph (3),’’. Subsec. (a)(2), (3). Pub. L. 96–39, § 902(a)(1)(C), (D), re- designated par. (3) as (2). Former par. (2), relating to the first blank space referred to in subsec. (a)(1)(A), was struck out. Subsec. (c)(1). Pub. L. 96–39, § 1106(c)(5), substituted ‘‘section 2194(b) of this title’’ for ‘‘section 2193(b) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the effec- tive date of title II of Pub. L. 103–465, Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103–465, set out as a note under section 1315 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 132(c)(4) and (5) of 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. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective July 26, 1979, see sections 903 and 1114 of Pub. L. 96–39, set out as Ef- fective Date notes under sections 2411 and 2581 of this title, respectively. § 2193. Resolutions relating to extension of waiv- er authority under section 402 of the Trade Act of 1974 (a) Contents of resolution For purposes of this section, the term ‘‘resolu- tion’’ means only a joint resolution of the two Houses of Congress, the matter after the resolv- ing clause of which is as follows: ‘‘That the Con- gress does not approve the extension of the au- thority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on lll with respect to lll.’’, with the first blank space being filled with the appro- priate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of author- ity is not approved, and with the clause begin- ning 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 pro- visions 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 resolu- tion which is limited to striking out or inserting the names of one or more countries or to strik- ing out or inserting a with-respect-to clause. De- bate in the House of Representatives on any amendment to a resolution shall be limited to not more than 1 hour which shall be equally di-