Sec. 203. Preventing Federal actions that cause job losses
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In this section: The terms agency and rule have the meanings given those terms in section 551 of title 5, United States Code. The term Director means the Director of the Office of Management and Budget. The term employer has the meaning given the term in section 2 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 ). The terms mass layoff and plant closing have the meanings given those terms in section 2 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 ), except that those terms do not include a mass layoff or plant closing described in section 4 of that Act ( 29 U.S.C. 2103 ).
The term rescission resolution means a joint resolution— relating to an Executive order for which the Director has submitted notice to Congress under subsection (d)(2) that the Executive order is likely to result in an employer ordering a plant closing or mass layoff; which does not have a preamble; the title of which is as follows: Joint resolution relating to nullifying the Executive Order relating to ___. , the blank space being filled in with the title of the Executive order; and the matter after the resolving clause of which is as follows:
“That— effective as if enacted on the date on which the Executive Order was issued, the provisions of Executive Order ____, entitled ______ are rescinded and shall have no force or effect; and none of the funds appropriated or otherwise made available by any Act may be used to implement, administer, or otherwise carry out the Executive Order described in paragraph (1), or any successor Executive order or regulation. , the blank spaces being filled in with the number and title, respectively, of the Executive order.
The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. The head of an agency shall include in each report relating to a rule submitted to each House of Congress and the Comptroller General of the United States under section 801(a)(1)(A) of title 5, United States Code, a regulatory impact statement that includes— a determination of whether the rule is likely to result in an employer ordering— a plant closing; or a mass layoff; and if the head of the agency makes a positive determination under subparagraph (A), a list of each State in which an employer is likely to order a plant closing or mass layoff as a result of the rule.
In making a determination on a rule under paragraph (1)(A), the head of an agency shall consider comments received from the public. Not later than the date on which the head of an agency issues a rule for which the head of the agency makes a positive determination under paragraph (1)(A), the head of the agency shall notify— the Governor of any State included in a list described in paragraph (1)(B) of the likelihood of an employer ordering a plant closing or mass layoff in that State as a result of the rule; and any employees likely to be impacted by an employer ordering a plant closing or mass layoff that may occur as a result of the rule.
With respect to a rule for which the head of an agency makes a positive determination under subsection (b)(1)(A), the period during which a joint resolution described in section 802(a) of title 5, United States Code, relating to the rule may be introduced shall be unlimited. Not later than 7 days after the date on which the President issues an Executive order, the Director shall determine whether the Executive order is likely to result in an employer ordering a mass layoff or plant closing.
Not later than 15 days after the date on which the President issues an Executive order for which the Director makes a positive determination under paragraph (1), the Director shall submit a notice to Congress and the Governor of any State in which an employer is likely to order a plant closing or mass layoff as a result of the Executive order, which shall contain the following message: In accordance with section 203 of the , the blank spaces being filled in with the number of the Executive order and the address of the single site of employment at which an employer is likely to order a plant closing or mass layoff, respectively.
Employee Rights Act , I am notifying you that the President has issued Executive Order Number ___, which I have determined would likely result in an employer ordering a plant closing or mass layoff at _____. It shall be in order, not later than 60 days (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress) after the date on which the Director notifies Congress of an Executive order that is likely to result in an employer ordering a plant closing or mass layoff under subsection (d)(2), to introduce a rescission resolution in the House of Representatives or the Senate with respect to the Executive order.
Any rescission resolution introduced under paragraph
(1)shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. If the committee to which a rescission resolution with respect to an Executive order has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move to— discharge the committee from further consideration of the rescission resolution; or discharge the committee from further consideration of any other rescission resolution with respect to the same Executive order, which has been referred to the committee. A motion to discharge may be made only by an individual favoring the rescission resolution and may be made only if supported by one-fifth of the Members of the House involved (a quorum being present). The motion is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a rescission resolution with respect to the same Executive order) 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 rescission resolution, and to be divided in the Senate equally between, 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. When the committee of the House of Representatives has reported, or has been discharged from further consideration of a rescission resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the rescission resolution. The motion 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 disagreed to. Debate on a rescission resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the rescission resolution or resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to reconsider the vote by which a rescission resolution is agreed to or disagreed to. Motions to postpone, made with respect to the consideration of a rescission resolution, and motions to proceed to the consideration of other business, shall be decided without debate. All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission resolution shall be decided without debate. Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other rescission resolutions and resolutions, amendments, and conference reports in similar circumstances. Debate in the Senate on any rescission resolution, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate in the Senate on any amendment to a rescission resolution shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the rescission resolution. Debate on any amendment to an amendment, to such a rescission resolution, and debate on any debatable motion or appeal in connection with such a rescission resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the rescission resolution, except that in the event the manager of the rescission resolution is in favor in any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. A motion to further limit debate is not debatable. A motion to recommit a rescission resolution (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, excluding any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. The conference report on any rescission resolution shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to. During Senate consideration of the conference report on any rescission resolution, debate shall be limited to 2 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided, between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee. 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 that is not germane to the provisions of such amendments shall be received. For the purpose of this subsection, continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die.
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