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TITLE I - Troubled Assets Relief Program

Sec. 115. GRADUATED AUTHORIZATION TO PURCHASE. (5 Comments) subscribe to the comments feed

  1. AUTHORITY.The authority of the Secretary to purchase troubled assets under this Act shall be limited as follows:

    1. Effective upon the date of enactment of this Act, such authority shall be limited to $250,000,000,000 outstanding at any one time.

    2. 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.

    3. 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 $700,000,000,000 outstanding at any one time.

  2. AGGREGATION OF PURCHASE PRICES.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.

  3. JOINT RESOLUTION OF DISAPPROVAL.

    1. IN GENERAL.Notwithstanding any other provision of this section, the Secretary may not exercise any authority to make purchases under this Act 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.

    2. CONTENTS OF JOINT RESOLUTION.For the purpose of this section, the term joint resolution means only a joint resolution

      1. 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;

      2. which does not have a preamble;

      3. the title of which is as follows: Joint resolution relating to the disapproval of obligations under the Emergency Economic Stabilization Act of 2008; and

      4. 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

    3. and (2) of section 115(a) of the Emergency Economic Stabilization Act of 2008..

  4. FAST TRACK CONSIDERATION IN HOUSE OF REPRESENTATIVES.

    1. RECONVENING.Upon receipt of a report under subsection (a)(3), the Speaker, if the House would otherwise be adjourned, shall notify the Mem bers of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such report;

    2. REPORTING AND DISCHARGE.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

  5. (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.

    1. PROCEEDING TO CONSIDERATION.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.

    2. CONSIDERATION.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.

  6. FAST TRACK CONSIDERATION IN SENATE.

    1. RECONVENING.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.

    2. PLACEMENT ON CALENDAR.Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar.

    3. FLOOR CONSIDERATION.

      1. IN GENERAL.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.

      2. DEBATE.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.

      3. VOTE ON PASSAGE.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.

      4. RULINGS OF THE CHAIR ON PROCEDURE.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.

  7. RULES RELATING TO SENATE AND HOUSE OF REPRESENTATIVES.

    1. COORDINATION WITH ACTION BY OTHER HOUSE.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:

      1. The joint resolution of the other House shall not be referred to a committee.

      2. With respect to a joint resolution of the House receiving the resolution

        1. the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

        2. the vote on passage shall be on the joint resolution of the other House.

    2. TREATMENT OF JOINT RESOLUTION OF 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.

    3. TREATMENT OF COMPANION MEASURES. 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.

    4. CONSIDERATION AFTER PASSAGE.

      1. IN GENERAL.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).

      2. VETOES.If the President vetoes the joint resolution

        1. 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

        2. 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.

    5. RULES OF HOUSE OF REPRESENTATIVES AND SENATE.This subsection and subsections (c), (d), and (e) are enacted by Congress

      1. 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 appli cable 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

      2. 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.

5 comments on Sec. 115. GRADUATED AUTHORIZATION TO PURCHASE.

  • Why in the world is the President given $100 Billion in discretionary funds?

    posted by TexLonghorn at October 1, 2008
  • If the Secretary is limited to $250 billion, or $350 billion anytime the President decides or $700 billion just because, what is the point of even bringing up $250 or $350 billion? You know they are just going to go for the full $700 billion.

    There needs to be a few more hoops, like $250 million over the first 60 days along with the report by the GAO and some real economic debate. THEN they can fight over it with the president for another $100 billion and maybe the rest.

    This section feels very spineless, especially for an experiment that needs its hypothesis tested. Which reminds me, has this ever worked? Didn't Hoover try propping up the financial sector to no avail? Didn't FDR prove that you had to take it away from the wizards and use it to put the munchkins to work again?

    posted by Thalia's Bark at October 2, 2008
  • Am I understanding this correctly to mean that the President has to ask Congress for the full $700B, but if they refuse in the form of a joint resolution, he can just veto their joint resolution and hand over the money anyway?

    posted by Larsie at October 2, 2008
  • Goodness, look at this section 115! It is very detailed and specific, unlike the rest of the sections in this bill. The writers obviously spent a lot of time figuring out how to grease the skids so the money could go flying out of the treasury in hundreds of billions as fast as possible.

    It is a shame they did not show this much attention to detail in specifying where this $700 billion would come from or how it was to be spent. And I do mean shame, shame, shame! The writers of this bill should be very ashamed of themselves for attempting to loot the national Treasury.

    Why would any member of Congress allow this section to stand when it robs them of their power? I hope the fiscally responsible members of Congress again reject this outrageous attempt to steal billions from the taxpayers.

    posted by Barbara B. from Winchester, MA at October 2, 2008
  • If it helps anyone, here is my summary of this section, as I understand it:

    To purchase troubled assets, the Secretary can spend no more than $250 billion (at first.) With written certification from the President, this may be raised to $350 billion before 15 days is up, and then to $700 billion after 15 days is up UNLESS Congress issues a joint resolution of disapproval. But if Congress does that, the President may veto the resolution. (Sec. 115) I don't see anything in here about procedures to override the veto :(

    posted by Lynne at October 4, 2008
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