12 U.S.C. § 5225 — Graduated authorization to purchase
submitted 18 years ago by Pub. L. 110-343 to r/title-12-BANKS-AND-BANKING · 1,760 words · no verdicts yet
The section sets staged dollar limits on the Secretary's troubled-asset purchases, defines how the limits are counted, and lets Congress disapprove the increase above $350 billion. It establishes expedited House and Senate procedures for that disapproval resolution.
(a) Authority. (1) Starting October 3, 2008, the Secretary* may have no more than $250 billion outstanding at one time under this chapter. (2) If the President gives Congress a written certification that the Secretary needs this authority, the limit becomes $350 billion when the certification is submitted. (3) After that certification, if the President sends Congress a written report describing the Secretary's plan, the limit becomes $475 billion when 15 calendar days pass, unless Congress enacts the joint resolution described in subsection (c) during those 15 days. (4) The amount counted as used is not reduced by: (A) repayments of principal received by the Secretary before, on, or after July 21, 2010, from an entity that received financial assistance under TARP* or another program created under this chapter; (B) amounts committed for TARP guarantees that later became or become uncommitted; or (C) losses realized by the Secretary. (5) The authority cannot create an obligation for a program or initiative that was not started before June 25, 2010.
(b) Aggregation of purchase prices. To apply the dollar limits in subsection (a), add together the purchase prices of all troubled assets* the Secretary holds at one time.
(c) Joint resolution of disapproval. (1) General rule. The Secretary may not use authority above the $350 billion previously obligated if, within 15 calendar days after Congress receives the plan report described in subsection (a)(3), a joint resolution disapproving the plan for the additional amount becomes law. (2) Contents. “Joint resolution” means only one that: (A) is introduced within 3 calendar days after Congress receives that report; (B) has no preamble; (C) has the title “Joint resolution relating to the disapproval of obligations under the Emergency Economic Stabilization Act of 2008”; and (D) after its resolving clause says: “That Congress disapproves the obligation of any amount exceeding the amounts obligated as described in paragraphs (1) and (2) of section 115(a) of the Emergency Economic Stabilization Act of 2008.”
(d) Fast House consideration. (1) Reconvening. When the Speaker receives the report, if the House would otherwise be adjourned, the Speaker must notify Members that the House will meet no later than the second calendar day after receiving it. (2) Reporting and discharge. A House committee receiving the resolution must report it within 5 calendar days after the report is received. If it does not, it is discharged and the resolution goes to the proper calendar. (3) Proceeding. After every authorized committee reports or is discharged, a motion to consider the resolution is in order no later than the sixth day after Congress receives the report. Points of order are waived; the motion is not debatable; the previous question is ordered through adoption; and reconsideration is not in order. (4) Consideration. The resolution is considered read, and points of order against it or its consideration are waived. The previous question is ordered through passage, except for 2 hours of debate equally divided between a proponent and opponent. Reconsideration of passage is not in order.
(e) Fast Senate consideration. (1) If the Senate has adjourned or recessed for more than 2 days, its majority leader, after consulting the minority leader, must notify Members that it will meet no later than the second calendar day after receiving the message. (2) On introduction, the resolution goes immediately on the calendar. (3)(A) Between the fourth and sixth days after Congress receives the plan report, a motion to proceed is in order even if an earlier equivalent motion failed. Points of order are waived; the motion is not debatable or subject to postponement; reconsideration is not in order; and, if agreed to, the resolution remains unfinished business until disposed of. (B) Debate, including on connected debatable motions and appeals, is limited to 10 hours divided equally between majority and minority leaders or designees. Further limits are in order and not debatable. Amendments, postponement, proceeding to other business, and recommittal are not in order. (C) The passage vote follows debate immediately, with one quorum call if requested under Senate rules. (D) Appeals about applying Senate rules to the procedure are decided without debate.
(f) Senate and House rules. (1) If one House receives the other House's resolution before passing its own: (A) the other House's resolution is not referred to committee; and (B) the receiving House follows its normal procedure as if it had not received the other resolution, but votes on the other House's resolution. (2) If one House does not introduce or consider its resolution, the other House's resolution gets the expedited procedures. (3) After Senate passage, a companion House measure received by the Senate is not debatable. (4)(A) If Congress passes a resolution, the period from presenting it to the President until presidential action is left out of the 15-day calculation in subsection (a)(3). (B) If the President vetoes it, the period until Congress receives the veto message is also left out, and Senate debate on the veto message is one hour equally divided between the majority and minority leaders or designees. (5) Congress enacted this subsection and subsections (c), (d), and (e) as House and Senate rulemaking provisions. They are treated as rules of each House for this procedure and override inconsistent rules only to that extent. Each House retains its constitutional power to change its procedural rules at any time.
The authority of the Secretary* to purchase troubled assets* under this chapter shall be limited as follows:
Effective upon October 3, 2008, such authority shall be limited to $250,000,000,000 outstanding at any one time.
If at any time, the President submits to the Congress a written certification that the Secretary needs to exercise the authority under this paragraph, effective upon such submission, such authority shall be limited to $350,000,000,000 outstanding at any one time.
If, at any time after the certification in paragraph (2) has been made, the President transmits to the Congress a written report detailing the plan of the Secretary to exercise the authority under this paragraph, unless there is enacted, within 15 calendar days of such transmission, a joint resolution described in subsection (c), effective upon the expiration of such 15-day period, such authority shall be limited to $475,000,000,000.
For purposes of this subsection, the amount of authority considered to be exercised by the Secretary shall not be reduced by—
any amounts received by the Secretary before, on, or after July 21, 2010, from repayment of the principal of financial assistance by an entity that has received financial assistance under the TARP* or any other program enacted by the Secretary under the authorities granted to the Secretary under this chapter;
any amounts committed for any guarantees pursuant to the TARP that became or become uncommitted; or
any losses realized by the Secretary.
No authority under this chapter may be used to incur any obligation for a program or initiative that was not initiated prior to June 25, 2010.
The amount of troubled assets purchased by the Secretary outstanding at any one time shall be determined for purposes of the dollar amount limitations under subsection (a) by aggregating the purchase prices of all troubled assets held.
Notwithstanding any other provision of this section, the Secretary may not exercise any authority to make purchases under this chapter with regard to any amount in excess of $350,000,000,000 previously obligated, as described in this section if, within 15 calendar days after the date on which Congress receives a report of the plan of the Secretary described in subsection (a)(3), there is enacted into law a joint resolution disapproving the plan of the Secretary with respect to such additional amount.
For the purpose of this section, the term “joint resolution” means only a joint resolution—
that is introduced not later than 3 calendar days after the date on which the report of the plan of the Secretary referred to in subsection (a)(3) is received by Congress;
which does not have a preamble;
the title of which is as follows: “Joint resolution relating to the disapproval of obligations under the Emergency Economic Stabilization Act of 2008”; and
the matter after the resolving clause of which is as follows: “That Congress disapproves the obligation of any amount exceeding the amounts obligated as described in paragraphs (1) and (2) of section 115(a) of the Emergency Economic Stabilization Act of 2008.”.
Upon receipt of a report under subsection (a)(3), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such report; 1
Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House not later than 5 calendar days after the date of receipt of the report described in subsection (a)(3). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar.
After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the report described in subsection (a)(3), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
Upon receipt of a report under subsection (a)(3), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message.
Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar.
Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the 4th day after the date on which Congress receives a report of the plan of the Secretary described in subsection (a)(3) and ending on the 6th day after the date on which Congress receives a report of the plan of the Secretary described in subsection (a)(3) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of.
Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.
Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate.
If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply:
The joint resolution of the other House shall not be referred to a committee.
With respect to a joint resolution of the House receiving the resolution—
the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
the vote on passage shall be on the joint resolution of the other House.
If one House fails to introduce or consider a joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section.
If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable.
If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President takes action with respect to the joint resolution shall be disregarded in computing the 15-calendar day period described in subsection (a)(3).
If the President vetoes the joint resolution—
the period beginning on the date the President vetoes the joint resolution and ending on the date the Congress receives the veto message with respect to the joint resolution shall be disregarded in computing the 15-calendar day period described in subsection (a)(3), and
debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.
This subsection and subsections (c), (d), and (e) are enacted by Congress—
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
with full recognition of the constitutional 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.
Source credit: (Pub. L. 110–343, div. A, title I, § 115, Oct. 3, 2008, 122 Stat. 3780; Pub. L. 111–22, div. A, title II, § 202(b), title IV, § 402(f), May 20, 2009, 123 Stat. 1643, 1658; Pub. L. 111–203, title XIII, § 1302, July 21, 2010, 124 Stat. 2133.)
- 2008Enacted · Pub. L. 110-343 · 122 Stat. 3780
- 2009Amended · Pub. L. 111-22 · 123 Stat. 1643, 1658
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2133
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-343 on 2008-10-03.
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