[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
[105th Congress]
[House Document 104-272]
[Congressional Disapproval Provisions Contained in Public Laws]
[Pages 1003-1153]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 1003]]
 

    ``CONGRESSIONAL DISAPPROVAL'' PROVISIONS CONTAINED IN PUBLIC LAWS



Sec. 1013.

  Congress has,  from time to time, passed laws 
reserving to itself an absolute or limited right of review by approval 
or disapproval of certain actions of the Executive Branch or of 
independent agencies. These laws, known as ``Congressional disapproval'' 
statutes, usually envision some form of Congressional action falling 
into one of three general categories: (1) action by both Houses of 
Congress on a bill or joint resolution requiring Presidential signature; 
(2) action by one or both Houses of Congress on a simple or concurrent 
resolution; and (3) action by a Congressional committee. Although 
provisions in the first category remain viable, provisions in the latter 
two categories should be read in light of Immigration and Naturalization 
Service v. Chadha, 462 U.S. 919 (1983). In that case the Supreme Court 
held unconstitutional as in violation of the ``presentment clause'' of 
article I, section 7, and the doctrine of separation of powers the 
provisions of the Immigration and Nationality Act contemplating 
disapproval of a decision of the Attorney General to allow an otherwise 
deportable alien to remain in the United States by simple resolution of 
one House. That same year, the Supreme Court summarily affirmed several 
lower court decisions invalidating provisions contemplating disapproval 
of executive actions by methods described in both categories (2) and (3) 
above. 463 U.S. 1216 (1983). Since then, Congress has amended several 
``Congressional disapproval'' statutes to convert provisions requiring 
simple or concurrent resolutions to provisions requiring joint 
resolutions.



[[Page 1004]]

theless, because the House retains the Constitutional right to change its 
rules at any time, the Committee on Rules may report a resolution varying 
the statutorily prescribed procedures for the House.
  Many ``Congressional disapproval'' statutes prescribe special 
procedures for the House to follow when reviewing Executive actions. 
These procedures, termed ``privileged procedures,'' technically are 
rules of the House, enacted expressly or impliedly as an exercise of the 
House's rulemaking authority. At the beginning of each Congress, it is 
customary for the House to re-incorporate by reference in the resolution 
adopting its rules such ``Congressional disapproval'' procedures as may 
exist in current law. Never-

  Other ``Congressional disapproval'' statutes prescribe no special 
procedures for the consideration of Executive actions. As a result, 
those statutes contain no provisions that technically are rules of the 
House; and thus they are not carried in this Manual. For a recent 
listing of those statutes, see the House Rules and Manual for the 102d 
Congress (H. Doc. 101-256).


  Below is a compilation of the various provisions in ``Congressional 
disapproval'' statutes setting forth ``privileged procedures'' to be 
followed by the House when considering Executive actions, together with 
any annotations of decisions of the Chair interpreting those provisions. 
Although some annotations provide pertinent legislative history, this 
compilation does not endeavor to provide a comprehensive record of 
legislative history for every provision.


 1.  Executive Reorganization.

 2.  War Powers Resolution.

 3.  National Emergencies Act.

 4.  International Emergency Economic Powers Act.

 5.  District of Columbia Home Rule Act.

 6.  Title X of the Congressional Budget and 
          Resolutions Privileged for Consideration in the House


     Impoundment Control Act of 1974.


    a.   Impoundment Control.


 7.  Foreign Spent Nuclear Fuel.

 8.  Pension Reform Act.

 9.  Multiemployer Guarantees, Revised Schedules.

10.  Nuclear Non-Proliferation Provisions of the 
    b.   Line Item Veto Authority.


11.  Trade Act of 1974.

     Atomic Energy Act.


    a.  Import Relief.


    b.  Freedom of Emigration.


    c.  Nondiscriminatory Treatment.


    d.  ``Fast-Track'' Procedures.


12.  Arms Control and Disarmament Act.

13.  Federal Salary Act of 1967.

14.  Energy Policy and Conservation Act.

15.  Extensions of Emergency Energy Authorities.

16.  Nuclear Waste Fund Fees.

17.  Arms Export Control.

    e.  Narcotics Control Provisions.


   a.  Arms Export Control Act, Sec. 36(b).


   b.  Arms Export Control Act, Sec. 36(c).


   c.  Arms Export Control Act, Sec. 36(d).


[[Page 1005]]

   d.  Arms Export Control Act, Sec. 3.


18.  Federal Election Commission Regulations.

19.  Alaska Natural Gas Transportation Act of 1976.

20.  Crude Oil Transportation Systems.

21.  Alaska National Interest Lands Conservation 
   e.  Arms Export Control Act, Sec. Sec. 62-63.


22.  Federal Land Policy and Management Act of 
     Act.


     1976.


    a.  Land Use Planning.


    b.  Sales.


    c.  Withdrawals.


23.  Marine Fisheries Conservation Act.

24.  Outer Continental Shelf Lands Act.

25.  Nuclear Waste Policy Act of 1982.

    d.  Review of Withdrawals.

    a.  High-level Radioactive Waste and Spent Nuclear 


        Fuel.


    b.  Interim Storage Program.


26.  Defense Base Closure and Realignment.

    c.  Monitored Retrievable Storage.

    a.  Defense Base Closure and Realignment Act of 


        1990.


27.  Metropolitan Washington Airports Act of 1986.

28.  U.S. Participation in WTO.

29.  Congressional Accountability Act of 1995.

30.  Authorization for Population Planning.

31.  Limitation on Loans to Foreign Entities.

32.  Termination of Cuban Economic Embargo.

33.  Congressional Review of Agency Rulemaking.

    b.  Limitation on Military Construction Funds.


              1. Executive Reorganization [5 U.S.C. 902-12]


                          Sec. 902. definitions

  For the purpose of this chapter--

          (1) ``agency'' means--

                  (A) an Executive agency or part thereof; and

                  (B) an office or officer in the executive branch;

        but does include the General Accounting Office or the 

        Comptroller General of the United States;

          (2) ``reorganization'' means a transfer, consolidation, 

        coordination, authorization, or abolition, referred to in 

        section 903 of this title; and


          (3) ``officer'' is not limited by section 2104 of this title.


                     Sec. 903. reorganization plans


[[Page 1006]]

  (a) Whenever the President, after investigation, finds that changes in 
the organization of agencies are necessary to carry out any policy set 
forth in section 901(a) of this title, he shall prepare a reorganization 
plan specifying the reorganizations he finds are necessary. Any plan may 
provide for--

          (1) the transfer of the whole or a part of an agency, or of 

        the whole or a part of the functions thereof, to the 

        jurisdiction and control of another agency;

          (2) the abolition of all or a part of the functions of an 

        agency, except that no enforcement function or statutory program 

        shall be abolished by the plan;

          (3) the consolidation or coordination of the whole or a part 

        of an agency, or of the whole part of the functions thereof, 

        with the whole or a part of another agency or the functions 

        thereof;

          (4) the consolidation or coordination of a part of an agency 

        or the functions thereof with another part of the same agency or 

        the functions thereof;

          (5) the authorization of an officer to delegate any of his 

        functions; or

          (6) the abolition of the whole or a part of an agency which 

        agency or part does not have, or on the taking effect of the 

        reorganization plan will not have, any functions.
The President shall transmit the plan (bearing an identification number) 
to the Congress together with a declaration that, with respect to each 
reorganization included in the plan, he has found that the 
reorganization is necessary to carry out any policy set forth in section 
901(a) of this title.


[[Page 1007]]

which have been taken in the implementation process, and (2) contain a 
projected timetable for completion of the implementation process. The 
President shall also submit such further background or other information 
as the Congress may require for its consideration of the plan.
  (b) The President shall have a reorganization plan delivered to both 
Houses on the same day and to each House while it is in session, except 
that no more than three plans may be pending before the Congress at one 
time. In his message transmitting a reorganization plan, the President 
shall specify with respect to each abolition of a function included in 
the plan the statutory authority for the exercise of the function. The 
message shall also estimate any reduction or increase in expenditures 
(itemized so far as practicable), and describe any improvements in 
management, delivery of Federal services, execution of the laws, and 
increases in efficiency of Government operations, which it is expected 
will be realized as a result of the reorganizations included in the 
plan. In addition, the President's message shall include an 
implementation section which shall (1) describe in detail (A) the 
actions necessary or planned to complete the reorganization, (B) the 
anticipated nature and substance of any orders, directives, and other 
administrative and operational actions which are expected to be required 
for completing or implementing the reorganization, and (C) any 
preliminary actions 


  (c) Any time during the period of 60 calendar days of continuous 
session of Congress after the date on which the plan is transmitted to 
it, but before any resolution described in section 909 has been ordered 
reported in either House, the President may make amendments or 
modifications to the plan, consistent with sections 903-905 of this 
title, which modifications or revisions shall thereafter be treated as a 
part of the reorganization plan originally transmitted and shall not 
affect in any way the time limits otherwise provided for in this 
chapter. The President may withdraw the plan any time prior to the 
conclusion of 90 calendar days of continuous session of Congress 
following the date on which the plan is submitted to Congress.


                                  * * *


                     Sec. 905. limitations on powers

  (a) A reorganization plan may not provide for, and a reorganization 
under this chapter may not have the effect of--

          (1) creating a new executive department or renaming an 

        existing executive department, abolishing or transferring an 

        executive department or independent regulatory agency, or all 

        the functions thereof, or consolidating two or more executive 

        departments or two or more independent regulatory agencies, or 

        all the functions thereof;

          (2) continuing an agency beyond the period authorized by law 

        for its existence or beyond the time when it would have 

        terminated if the reorganization had not been made;

          (3) continuing a function beyond the period authorized by law 

        for its exercise or beyond the time when it would have 

        terminated if the reorganization had not been made;

          (4) authorizing an agency to exercise a function which is not 

        expressly authorized by law at the time the plan is transmitted 


[[Page 1008]]

        to Congress;

          (5) creating a new agency which is not a component or part of 

        an existing executive department or independent agency;

          (6) increasing the term of an office beyond that provided by 

        law for the office; or

          (7) dealing with more than one logically consistent subject 

        matter.


  (b) A provision contained in a reorganization plan may take effect 
only if the plan in transmitted to Congress (in accordance with section 
903(b) of this chapter) on or before December 31, 1984.


    Sec. 906. effective date and publication of reorganization plans

  (a) Except as provided under subsection (c) of this section, a 
reorganization plan shall be effective upon approval by the President of 
a resolution (as defined in section 909) with respect to such plan, if 
such resolution is passed by the House of Representatives and the 
Senate, within the first period of 90 calendar days of continuous 
session of Congress after the date on which the plan is transmitted to 
Congress. Failure of either House to act upon such resolution by the end 
of such period shall be the same as disapproval of the resolution.

  (b) For the purpose of this chapter--

          (1) continuity of session is broken only by an adjournment of 

        Congress sine die; and

          (2) the days on which either House is not in session because 

        of an adjournment of more than three days to a day certain are 

        excluded in the computation of any period of time in which 

        Congress is in continuous session.

  (c) Under provisions contained in a reorganization plan, any provision 
thereof may be effective at a time later than the date on which the plan 
otherwise is effective.


  (d) A reorganization plan which is effective shall be printed (1) in 
the Statutes at Large in the same volume as the public laws and (2) in 
the Federal Register.


[[Page 1009]]

Sec. 908. rules of senate and house of representatives on reorganization 
                                  * * *


                                  plans

  Sections 909 through 912 of this title are enacted by Congress--

          (1) as an exercise of the rulemaking power of the Senate and 

        the House of Representatives, respectively, and as such they are 

        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 resolutions with respect to any 

        reorganization plans transmitted to Congress (in accordance with 

        section 903(b) of this chapter) on or before December 31, 1984; 

        and they supersede other rules only to the extent that they are 

        inconsistent therewith; 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.


                      Sec. 909. terms of resolution


  For the purpose of sections 908 through 912 of this title, 
``resolution'' means only a joint resolution of the Congress, the matter 
after the resolving clause of which is as follows: ``That the ------ 
Congress approves the reorganization plan numbered ------ transmitted to 
the Congress by the President on ------, 19--.'', and includes such 
modifications and revisions as submitted by the President under section 
903(c) of this chapter. The blank spaces therein are to be filled 
appropriately. The term does not include a resolution which specifies 
more than one reorganization plan.


           Sec. 910. introduction and reference of resolution


[[Page 1010]]

quest) in the Senate by the chairman of the Governmental Affairs 
Committee of the Senate, or by a Member or Members of the Senate 
designated by such chairman.
  (a) No later than the first day of session following the day on which 
a reorganization plan is transmitted to the House of Representatives and 
the Senate under section 903, a resolution, as defined in section 909, 
shall be introduced (by request) in the House by the chairman of the 
Committee on Government Reform and Oversight of the House, or by a 
Member of Members of the House designated by such chairman; and shall be 
introduced (by re-


  (b) A resolution with respect to a reorganization plan shall be 
referred to the Committee on Governmental Affairs of the Senate and the 
Committee on Government Reform and Oversight of the House (and all 
resolutions with respect to the same plan shall be referred to the same 
committee) by the President of the Senate or the Speaker of the House of 
Representatives, as the case may be. The committee shall make its 
recommendations to the House of Representatives or the Senate, 
respectively, within 75 calendar days of continuous session of Congress 
following the date of such resolution's introduction.


         Sec. 911. discharge of committee considering resolution


Sec. 912. procedure after report or discharge of committee; debate; vote 
  If the committee to which is referred a resolution introduced pursuant 
to subsection (a) of section 910 (or, in the absence of such a 
resolution, the first resolution introduced with respect to the same 
reorganization plan) has not reported such resolution or identical 
resolution at the end of 75 calendar days of continuous session of 
Congress after its introduction, such committee shall be deemed to be 
discharged from further consideration of such resolution and such 
resolution shall be placed on the appropriate calendar of the House 
involved.


                            on final passage


[[Page 1011]]

resolution is agreed to, the resolution shall remain the unfinished 
business of the respective House until disposed of.
  (a) When the committee has reported, or has been deemed to be 
discharged (under section 911) from further consideration of, a 
resolution with respect to a reorganization plan, it is at any time 
thereafter in order (even though a previous motion to the same effect 
has been disagreed to) for any Member of the respective House to move to 
proceed to the consideration of the resolution. The motion is highly 
privileged and is not debatable. The motion shall not be subject to 
amendment, or to a motion to postpone, or a motion to proceed to the 
consideration of other business. 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 

  (b) Debate on the resolution, and on all debatable motions and appeals 
in connection therewith, shall be limited to not more than ten hours, 
which shall be divided equally between individuals favoring and 
individuals opposing the resolution. 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 resolution is not in order. A motion to reconsider the 
vote by which the resolution is passed or rejected shall not be in 
order.

  (c) Immediately following the conclusion of the debate on the 
resolution with respect to a reorganization plan, and a single quorum 
call at the conclusion of the debate if requested in accordance with the 
rules of the appropriate House, the vote on final passage of the 
resolution shall occur.

  (d) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution with 
respect to a reorganization plan shall be decided without debate.

  (e) If, prior to the passage by one House of a resolution of that 
House, that House receives a resolution with respect to the same 
reorganization plan 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 resolution of 


        the other House.


  Section 905(b) was amended by Public Law 98-614 to terminate the 
authority of the President to submit reorganization plans under this 
statute on December 31, 1984. These provisions are carried in this 
compilation because other Acts have incorporated their procedures by 
reference.


      2. War Powers Resolution, Sec. Sec. 5-7 [50 U.S.C. 1544-1546]


[[Page 1012]]

Relations of the House of Representatives and to the 
Committee on Foreign Relations of the Senate for appropriate action. If, 
when the report is transmitted, the Congress has adjourned sine die or 
has adjourned for any period in excess of three calendar days, the 
Speaker of the House of Representatives and the President pro tempore of 
the Senate, if they deem if advisable (or if petitioned by at least 30 
percent of the membership of their respective Houses) shall jointly 
request the President to convene Congress in order that it may consider 
the report and take appropriate action pursuant to this section.
  Sec. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be 
transmitted to the Speaker of the House of Representatives and to the 
President pro tempore of the Senate on the same calendar day. Each 
report so transmitted shall be referred to the Committee on 
International 

  (b) Within sixty calendar days after a report is submitted or is 
required to be submitted pursuant to section 4(a)(1), whichever is 
earlier, the President shall terminate any use of United States Armed 
Forces with respect to which such report was submitted (or required to 
be submitted), unless the Congress (1) has declared war or has enacted a 
specific authorization for such use of United States Armed Forces, (2) 
has extended by law such sixty-day period, or (3) is physically unable 
to meet as a result of an armed attack upon the United States. Such 
sixty-day period shall be extended for not more than an additional 
thirty days if the President determines and certifies to the Congress in 
writing that unavoidable military necessity respecting the safety of 
United States Armed Forces requires the continued use of such armed 
forces in the course of bringing about a prompt removal of such forces.


  (c) Notwithstanding subsection (b), at any time that United States 
Armed Forces are engaged in hostilities outside the territory of the 
United States, its possessions and territories without a declaration of 
war or specific statutory authorization, such forces shall be removed by 
the President if the Congress so directs by concurrent resolution.


  This subsection (and section 7, infra) should be read in light of INS 
v. Chadha, 462 U.S. 919 (1983).


[[Page 1013]]

sixty-day period specified in such section, unless such House shall 
otherwise determine by the yeas and nays.
  Sec. 6. (a) Any joint resolution or bill introduced pursuant to 
section 5(b) at least thirty calendar days before the expiration of the 
sixty-day period specified in such section shall be referred to the 
Committee on International Relations of the House of Representatives or 
the Committee on Foreign Relations of the Senate, as the case may be, 
and such committee shall report one such joint resolution or bill, 
together with its recommendations, not later than twenty-four calendar 
days before the expiration of the 

  (b) Any joint resolution or bill so reported shall become the pending 
business of the House in question (in the case of the Senate the time 
for debate shall be equally divided between the proponents and the 
opponents), and shall be voted on within three calendar days thereafter, 
unless such House shall otherwise determine by yeas and nays.

  (c) Such a joint resolution or bill passed by one House shall be 
referred to the committee of the other House named in subsection (a) and 
shall be reported out not later than fourteen calendar days before the 
expiration of the sixty-day period specified in section 5(b). The joint 
resolution or bill so reported shall become the pending business of the 
House in question and shall be voted on within three calendar days after 
it has been reported, unless such House shall otherwise determine by 
yeas and nays.


  (d) In the case of any disagreement between the two Houses of Congress 
with respect to a joint resolution or bill passed by both Houses, 
conferees shall be promptly appointed and the committee of conference 
shall make and file a report with respect to such resolution or bill not 
later than four calendar days before the expiration of the sixty-day 
period specified in section 5(b). In the event the conferees are unable 
to agree within 48 hours, they shall report back to their respective 
Houses in disagreement. Notwithstanding any rule in either House 
concerning the printing of conference reports in the Record or 
concerning any delay in the consideration of such reports, such report 
shall be acted on by both Houses not later than the expiration of such 
sixty-day period.

  Sec. 7. (a) Any concurrent resolution introduced pursuant to section 
5(c) shall be referred to the Committee on International Relations of 
the House of Representatives or the Committee on Foreign Relations of 
the Senate, as the case may be, and one such concurrent resolution shall 
be reported out by such committee together with its recommendations 
within fifteen calendar days, unless such House shall otherwise 
determine by the yeas and nays.


[[Page 1014]]

  (b) Any concurrent resolution so reported shall become the pending 
business of the House in question (in the case of the Senate the time 
for debate shall be equally divided between the proponents and the 
opponents) and shall be voted on within three calendar days thereafter, 
unless such House shall otherwise determine by yeas and nays.

  (c) Such a concurrent resolution passed by one House shall be referred 
to the committee of the other House named in subsection (a) and shall be 
reported out by such committee together with its recommendations within 
fifteen calendar days and shall thereupon become the pending business of 
such House and shall be voted upon within three calendar days, unless 
such House shall otherwise determine by yeas and nays.


  (d) In the case of any disagreement between the two Houses of Congress 
with respect to a concurrent resolution passed by both Houses, conferees 
shall be promptly appointed and the committee of conference shall make 
and file a report with respect to such concurrent resolution within six 
calendar days after the legislation is referred to the committee of 
conference. Notwithstanding any rule in either House concerning the 
printing of conference reports in the Record or concerning any delay in 
the consideration of such reports, such report shall be acted on by both 
Houses not later than six calendar days after the conference report is 
filed. In the event the conferees are unable to agree within 48 hours, 
they shall report back to their respective Houses in disagreement.

  In the 94th Congress the President was granted authority to implement 
a ``Sinai early-warning system'' involving the assignment of civilian 
personnel to noncombat functions. In the same enactment, Congress 
provided for privileged consideration of a concurrent resolution calling 
for the removal of such personnel (see 22 U.S.C. 2348 note).

  In the 98th Congress the Committee on Foreign Affairs reported a joint 
resolution providing statutory authorization under the War Powers 
Resolution for a multinational peacekeeping force in Lebanon. The joint 
resolution would have been subject to consideration under the procedural 
provisions of the statute, but the House adopted a special order 
reported from the Committee on Rules varying the procedures for 
consideration of the joint resolution and also providing for 
consideration of a similar Senate joint resolution (H. Res. 318, Sept. 
28, 1983, p. 26108). The House subsequently passed a Senate joint 
resolution on the subject that changed the rules of the House and Senate 
to provide special procedures for consideration of a joint resolution or 
bill to amend or repeal its provisions (P.L. 98-119, Sept. 29, 1983, p. 
26493).


[[Page 1015]]

  In the 98th Congress the Act was amended to provide for expedited 
consideration in the Senate of bills or joint resolutions requiring the 
removal of U.S. forces engaged in hostilities outside U.S. territory 
without a declaration of war (P.L. 98-164, Nov. 22, 1983). Those 
procedures appear in section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat. 
765).

  In the 102d Congress the President was granted specific authority 
within the meaning of section 5(b) of the Act to use U.S. armed forces 
to enforce United Nations resolutions in response to the occupation of 
Kuwait by Iraq (P.L. 102-1, Jan. 14, 1991).


  In the 103d Congress the Committee on Foreign Affairs reported H. Con. 
Res. 170, directing the President pursuant to 5(c) of the Act to remove 
United States Armed Forces from Somalia by January 31, 1994. By 
unanimous consent the House extended by one day the time for privileged 
consideration of that concurrent resolution under section 7(b) (Nov. 4, 
1993, p. ----).


           3. National Emergencies Act [50 U.S.C. 1601 et seq]


           title i--terminating existing declared emergencies

  Sec. 101. (a) All powers and authorities possessed by the President, 
any other officer or employee of the Federal Government, or any 
executive agency, as defined in section 105 of title 5, United States 
Code, as a result of the existence of any declaration of national 
emergency in effect on the date of enactment of this Act [Sept. 14, 
1976] are terminated two years from the date of such enactment. Such 
termination shall not affect--

          (1) any action taken or proceeding pending not finally 

        concluded or determined on such date;

          (2) any action or proceeding based on any act committed prior 

        to such date; or

          (3) any rights or duties that matured or penalties that were 

        incurred prior to such date.


  (b) For the purpose of this section, the words ``any national 
emergency in effect'' means a general declaration of emergency made by 
the President.


          title ii--declarations of future national emergencies

  Sec. 201. (a) With respect to Acts of Congress authorizing the 
exercise, during the period of a national emergency, of any special or 
extraordinary power, the President is authorized to declare such 
national emergency. Such proclamation shall immediately be transmitted 
to the Congress and published in the Federal Register.


[[Page 1016]]

(in accordance with subsection (a) of this section), specifically 
declares a national emergency, and (2) only in accordance with this 
Act. No law enacted after the date of enactment of this Act shall 
supersede this title unless it does so in specific terms, referring 
to this title, and declaring that the new law supersedes the provisions 
of this title.
  (b) Any provisions of law conferring powers and authorities to be 
exercised during a national emergency shall be effective and remain in 
effect (1) only when the President 

  Sec. 202. (a) Any national emergency declared by the President in 
accordance with this title shall terminate if--

          (1) there is enacted into law a joint resolution terminating 

        the emergency; or

          (2) the President issues a proclamation terminating the 

        emergency.
Any national emergency declared by the President shall be terminated on 
the date specified in any joint resolution referred to in clause (1) or 
on the date specified in a proclamation by the President terminating the 
emergency as provided in clause (2) of this subsection, whichever date 
is earlier, and any powers or authorities exercised by reason of said 
emergency shall cease to be exercised after such specified date, except 
that such termination shall not affect--

          (A) any action taken or proceeding pending not finally 

        concluded or determined on such date;

          (B) any action or proceeding based on any act committed prior 

        to such date; or

          (C) any rights or duties that matured or penalties that were 

        incurred prior to such date.

  (b) Not later than six months after a national emergency is declared, 
and not later than the end of each six-month period thereafter that such 
emergency continues, each House of Congress shall meet to consider a 
vote on a joint resolution to determine whether that emergency shall be 
terminated.

  (c)(1) A joint resolution to terminate a national emergency delared by 
the President shall be referred to the appropriate committee of the 
House of Representatives or the Senate, as the case may be. One such 
joint resolution shall be reported out by such committee together with 
its recommendations within fifteen calendar days after the day on which 
such resolution is referred to such committee, unless such House shall 
otherwise determine by the yeas and nays.


[[Page 1017]]

tween the proponents and the opponents) and shall be voted on within three 
calendar days after the day on which such resolution is reported, unless 
such House shall otherwise determine by yeas and nays.
  (2) Any joint resolution so reported shall become the pending business 
of the House in question (in the case of the Senate the time for debate 
shall be equally divided be-

  (3) Such a joint resolution passed by one House shall be referred to 
the appropriate committee of the other House and shall be reported out 
by such committee together within its recommendations within fifteen 
calendar days after the day on which such resolution is referred to such 
committee and shall thereupon become the pending business of such House 
and shall be voted upon within three calendar days after the day on 
which such resolution is reported, unless such House shall otherwise 
determine by yeas and nays.

  (4) In the case of any disagreement between the two Houses of Congress 
with respect to a joint resolution passed by both Houses, conferees 
shall be promptly appointed and the committee of conference shall make 
and file a report with respect to such joint resolution within six 
calendar days after the day on which managers on the part of the Senate 
and the House have been appointed. Notwithstanding any rule in either 
House concerning the printing of conference reports or concerning any 
delay in the consideration of such reports, such report shall be acted 
on by both Houses not later than six calendar days after the conference 
report is filed in the House in which such report is filed first. In the 
event the conferees are unable to agree within forty-eight hours, they 
shall report back to their respective Houses in disagreement.

  (5) Paragraphs (1)-(4) of this subsection (b) of this section, and 
section 502(b) of this Act are enacted by Congress--

          (A) as an exercise of the rulemaking power of the Senate and 

        the House of Representatives, respectively, and as such they are 

        deemed a part of the rules of each House, respectively, but 

        applicable only with respect to the procedure to be followed in 

        the House in the case of resolutions described by this 

        subsection; and they supersede other rules only to the extent 

        that they are inconsistent therewith; and

          (B) 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 


[[Page 1018]]

        the same extent as in the case of any other rule of that House.


 4. International Emergency Economic Powers Act [50 U.S.C. 1701 et seq]

  (d) Any national emergency declared by the President in accordance 
with this title, and not otherwise previously terminated, shall 
terminate on the anniversary of the declaration of that emergency if, 
within the ninety-day period prior to each anniversary date, the 
President does not publish in the Federal Register and transmit to the 
Congress a notice stating that such emergency is to continue in effect 
after such anniversary.

  Sec. 203. (a)(1) At the times and to the extent specified in section 
202, the President may, under such regulations as he may prescribe, by 
means of instructions, licenses, or otherwise--

          (A) investigate, regulate, or prohibit--

                  (i) any transactions in foreign exchange,

                  (ii) transfers of credit or payments between, by, 

                through, or to any banking institution, to the extent 

                that such transfers or payments involve any interest of 

                any foreign country or a national thereof,

                  (iii) the importing or exporting of currency or 

                securities; and

          (B) investigate, regulate, direct and compel, nullify, void, 

        prevent or prohibit, any acquisition, holding, withholding, use, 

        transfer, withdrawal, transportation, importation or exportation 

        of, or dealing in, or exercising any right, power, or privilege 

        with respect to, or transactions involving, any property in 

        which any foreign country or a national thereof has any 


        interest;
by any person, or with respect to any property, subject to the 
jurisdiction of the United States.


                                  * * *


[[Page 1019]]

5. District of Columbia Home Rule Act, Sec. Sec. 303(b), 602(c), and 604

  Sec. 207. * * * (b) The authorities described in subsection (a)(1) may 
not continue to be exercised under this section if the national 
emergency is terminated by the Congress by concurrent resolution 
pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622] 
and if the Congress specifies in such concurrent resolution that such 
authorities may not continue to be exercised under this section.


  Sec. 303. * * * (b) An amendment to the charter ratified by the 
registered electors shall take effect upon the expiration of the 35-
calendar-day period (excluding Saturdays, Sundays, holidays, and days on 
which either House of Congress is not in session) following the date 
such amendment was submitted to the Congress, or upon the date 
prescribed by such amendment to the Congress, or upon the date 
prescribed by such amendment, whichever is later, unless during such 35-
day period, there has been enacted into law a joint resolution, in 
accordance with the procedures specified in section 604 of this Act, 
disapproving such amendment. In any case in which any such joint 
resolution disapproving such an amendment has, within such 35-day 
period, passed both Houses of Congress and has been transmitted to the 
President, such resolution, upon becoming law subsequent to the 
expiration of such 35-day period, shall be deemed to have repealed such 
amendment, as of the date such resolution becomes law.


[[Page 1020]]

days, or an adjournment of more than three days) beginning on the day 
such act is transmitted by the Chairman to the Speaker of the House of 
Representatives and the President of the Senate, or upon the date 
prescribed by such act, whichever is later, unless during such 30-day 
period, there has been enacted into law a joint resolution disapproving 
such act. In any case in which any such joint resolution disapproving 
such an act has, within such 30-day period, passed both Houses of 
Congress and has been transmitted to the President, such resolution, 
upon becoming law, subsequent to the expiration of such 30-day period, 
shall be deemed to have repealed such act, as of the date such 
resolution becomes law. The provisions of section 604, except 
subsections (d), (e), and (f) of such section, shall apply with respect 
to any joint resolution disapproving any act pursuant to this paragraph.
  Sec. 602. * * * (c)(1) Except acts of the Council which are submitted 
to the President in accordance with the Budget and Accounting Act, 1921, 
any act which the Council determines according to section 412(a), should 
take effect immediately because of emergency circumstances, and acts 
proposing amendments to title IV of this Act, and except as provided in 
section 462(c) [relative to general obligation bonds] and section 
472(d)(1) [relative to borrowing in anticipation of revenues], the 
Chairman of the Council shall transmit to the Speaker of the House of 
Representatives, and the President of the Senate a copy of each act 
passed by the Council and signed by the Mayor, or vetoed by the Mayor 
and repassed by two-thirds of the Council present and voting, each act 
passed by the Council and allowed to become effective by the Mayor 
without his signature, and each initiated act and act subject to 
referendum which has been ratified by a majority of the registered 
qualified electors voting on the initiative or referendum. Except as 
provided in paragraph (2), such act shall take effect upon the 
expiration of the 30-calendar-day period (excluding Saturdays, Sundays, 
and holidays, and any day on which neither House is in session because 
of an adjournment sine die, a recess of more than three 

  (2) In the case of any such Act transmitted by the Chairman with 
respect to any Act codified in title 22, 23, or 24 of the District of 
Columbia Code, such act shall take effect at the end of the 60-day 
period beginning on the day such act is transmitted by the Chairman to 
the Speaker of the House of Representatives and the President of the 
Senate unless, during such 60-day period, there has been enacted into 
law a joint resolution disapproving such act. In any case in which any 
such joint resolution disapproving such an act has, within such 60-day 
period, passed both Houses of Congress and has been transmitted to the 
President, such resolution, upon becoming law subsequent to the 
expiration of such 60-day period shall be deemed to have repealed such 
act, as of the date such resolution becomes law. The provisions of 
section 604, relating to an expedited procedure for consideration of 
joint resolutions, shall apply to a joint resolution disapproving such 
act as specified in this paragraph.


  (3) The Council shall submit with each Act transmitted under this 
subsection an estimate of the costs which will be incurred by the 
District of Columbia as a result of the enactment of the Act in each of 
the first 4 fiscal years for which the Act is in effect, together with a 
statement of the basis for such estimate.


            congressional action on certain district matters

  Sec. 604. (a) This section is enacted by Congress--

          (1) as an exercise of the rulemaking power of the Senate and 


[[Page 1021]]

        the House of Representatives, respec-

        tively, and as such these provisions are deemed a part of the 

        rule of each House, respectively, but applicable only with respect 

        to the procedure to be followed in that House in the case of 

        resolutions described by this section; and they supersede other 

        rules only to the extent that they are inconsistent therewith; and

          (2) with full recognition of the constitutional right of 

        either House to change the rule (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.

  (b) For the purpose of this section, ``resolution'' means only a joint 
resolution, the matter after the resolving clause of which is as 
follows: ``That the ------ approves/disapproves of the action of the 
District of Columbia Council described as follows: ------.'', the blank 
spaces therein being appropriately filled, and either approval or 
disapproval being appropriately indicated; but does not include a 
resolution which specifies more than one action.

  (c) A resolution with respect to Council action shall be referred to 
the Committee on Government Reform and Oversight of the House of 
Representatives, or the Committee on the District of Columbia of the 
Senate, by the President of the Senate or the Speaker of the House of 
Representatives, as the case may be.

  (d) If the committee to which a resolution has been referred has not 
reported it at the end of twenty calendar days after its introduction, 
it is in order to move to discharge the committee from further 
consideration of any other resolution with respect to the same Council 
action which has been referred to the committee.

  (e) A motion to discharge may be made only by an individual favoring 
the resolution, is highly privileged (except that it may not be made 
after the committee has reported a resolution with respect to the same 
action), and debate thereon shall be limited to not more than one hour, 
to be divided equally between those favoring and those opposing the 
resolution. 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.

  (f) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect to 
the same action.


[[Page 1022]]

any time thereafter in order (even though a previous motion to the same 
effect has been disagreed to) to move to proceed to the consideration of 
the resolution. The motion is highly privileged and is not debatable. 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.
  (g) When the committee has reported, or has been discharged from 
further consideration of, a resolution, it is at 

  (h) Debate on the resolution shall be limited to not more than ten 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. A motion further to limit debate is not 
debatable. An amendment to, or motion to recommit, the resolution is not 
in order, and it is not in order to move to reconsider the vote by which 
the resolution is agreed to or disagreed to.

  (i) Motions to postpone made with respect to the discharge from 
committee or the consideration of a resolution, and motions to proceed 
to the consideration of other business, shall be decided without debate.


  (j) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives 
as the case may be, to the procedure relating to a resolution shall be 
decided without debate.

  It is not in order to offer as privileged a motion to discharge the 
Committee on the District of Columbia (now Government Reform and 
Oversight) from a simple (now joint) resolution disapproving an act 
passed by the D.C. City Council prior to the time that the Council was 
vested with the authority to pass the category of act to which the 
simple resolution disapproval procedure applies (Speaker Albert, Sept. 
22, 1976, pp. 31873-74). The D.C. City Council subsequently having been 
vested with that authority, a motion to discharge the Committee on the 
District of Columbia (now Government Reform and Oversight) from further 
consideration of a (joint) resolution disapproving an act of the Council 
amending the D.C. Criminal Code is privileged after twenty calendar days 
from introduction of the resolution, if not reported during that time 
(Oct. 1, 1981, p. 22752; Oct. 14, 1987, p. 27847).


[[Page 1023]]

 6. Title X of the Congressional Budget and Impoundment Control Act of 
  Section 604 does not provide a privileged motion to discharge the 
District of Columbia Committee from a concurrent (now joint) resolution 
disapproving acts of the D.C. City Council not affecting the D.C. 
Criminal Code, such concurrent resolutions only being privileged when 
reported by that committee (Speaker Albert, Sept. 22, 1976, pp. 31873-
74). Under section 604(h), debate on a concurrent (now joint) resolution 
of disapproval can be limited by motion, but otherwise extends not to 
exceed 10 hours; a concurrent (now joint) resolution disapproving an 
action of the D.C. Council which does not affect the U.S. Treasury is 
considered in the House (Dec. 20, 1979, p. 7303).


                                  1974


           a. impoundment control, Sec. Sec. 1011-13 and 1017


                        [2 U.S.C. 682-84 and 688]


                               definitions

  Sec. 1011. For purposes of this part--

          (1) ``deferral of budget authority'' includes--

                  (A) withholding or delaying the obligation or 

                expenditure of budget authority (whether by establishing 

                reserves or otherwise) provided for projects or 

                activities; or

                  (B) any other type of Executive action or inaction 

                which effectively precludes the obligation or 

                expenditure of budget authority, including authority to 

                obligate by contract in advance of appropriations as 

                specifically authorized by law;

          (2) ``Comptroller General'' means the Comptroller General of 

        the United States;

          (3) ``rescission bill'' means a bill or joint resolution which 

        only rescinds, in whole or in part, budget authority proposed to 

        be rescinded in a special message transmitted by the President 

        under section 1012, and upon which the Congress completes action 

        before the end of the first period of 45 calendar days of 

        continuous session of the Congress after the date on which the 

        President's message is received by the Congress;

          (4) ``impoundment resolution'' means a resolution of the House 

        of Representatives or the Senate which only expresses its 

        disapproval of a proposed deferral of budget authority set forth 

        in a special message transmitted by the President under section 

        1013; and

          (5) continuity of a session of the Congress shall be 

        considered as broken only by an adjournment of the Congress sine 

        die, and the days on which either House is not in session 

        because of an adjournment of more than 3 days to a day certain 

        shall be excluded in the computation of the 45-day period 

        referred to in paragraph (3) of this section and in section 

        1012, and the 25-day periods referred to in sections 1016 and 

        1017(b)(1). If a special message is transmitted under section 


[[Page 1024]]

        1012 during any Congress and the last session 

        of such Congress adjourns sine die before the expiration of 45 

        calendar days of continuous session (or a special message is so 

        transmitted after the last session of the Congress adjourns sine 

        die), the message shall be deemed to have been retransmitted on 

        the first day of the succeeding Congress and the 45-day period 

        referred to in paragraph (3) of this section and in section 1012 

        (with respect to such message) shall commence on the day after 


        such first day.


                     rescission of budget authority

  Sec. 1012. (a) transmittal of special message.--Whenever the President 
determines that all or part of any budget authority will not be required 
to carry out the full objectives or scope of programs for which it is 
provided or that such budget authority should be rescinded for fiscal 
policy or other reasons (including the termination of authorized 
projects or activities for which budget authority has been provided), or 
whenever all or part of budget authority provided for only one fiscal 
year is to be reserved from obligation for such fiscal year, the 
President shall transmit to both Houses of Congress a special message 
specifying--

          (1) the amount of budget authority which he proposes to be 

        rescinded or which is to be so reserved;

          (2) any account, department, or establishment of the 

        Government to which such budget authority is available for 

        obligation, and the specific project or governmental functions 

        involved;

          (3) the reasons why the budget authority should be rescinded 

        or is to be so reserved;

          (4) to the maximum extent practicable, the estimated fiscal, 

        economic, and budgetary effect of the proposed rescission or of 

        the reservation; and

          (5) all facts, circumstances, and considerations relating to 

        or bearing upon the proposed rescission or the reservation and 

        the decision to effect the proposed rescission or the 

        reservation, and to the maximum extent practicable, the 

        estimated effect of the proposed rescission or the reservation 

        upon the objects, purposes, and programs for which the budget 

        authority is provided.


[[Page 1025]]

sage shall be made available for obligation unless, within the prescribed 
45-day period, the Congress has completed action on a rescission bill 
rescinding all or part of the amount proposed to be rescinded or that 
is to be reserved. Funds made available for obligation under this 
procedure may not be proposed for rescission again.

  (b) requirement to make available for obligation.--Any amount of 
budget authority proposed to be rescinded or that is to be reserved as 
set forth in such special mes-


                 proposed deferrals of budget authority

  Sec. 1013. (a) transmittal of special message.--Whenever the 
President, the Director of the Office of Management and Budget, the head 
of any department or agency of the United States, or any officer or 
employee of the United States proposes to defer any budget authority 
provided for a specific purpose or project, the President shall transmit 
to the House of Representatives and the Senate a special message 
specifying--

          (1) The amount of the budget authority proposed to be 

        deferred;

          (2) any account, department, or establishment of the 

        Government to which such budget authority is available for 

        obligation, and the specific projects or governmental functions 

        involved;

          (3) the period of time during which the budget authority is 

        proposed to be deferred;

          (4) the reasons for the proposed deferral, including any legal 

        authority invoked to justify the proposed deferral;

          (5) to the maximum extent practicable, the estimated fiscal, 

        economic, and budgetary effect of the proposed deferral; and

          (6) all facts, circumstances, and considerations relating to 

        or bearing upon the proposed deferral and the decision to effect 

        the proposed deferral, including an analysis of such facts, 

        circumstances, and considerations in terms of their application 

        to any legal authority, including specific elements of legal 

        authority, invoked to justify such proposed deferral, and to the 

        maximum extent practicable, the estimated effect of the proposed 

        deferral upon the objects, purposes, and programs for which the 


[[Page 1026]]

        budget authority is provided.
A special message may include one or more proposed deferrals of budget 
authority. A deferral may not be proposed for any period of time 
extending beyond the end of the fiscal year in which the special message 
proposing the deferral is transmitted to the House and the Senate.

  (b) consistency with legislative policy.--Deferrals shall be 
permissible only--

          (1) to provide for contingencies;

          (2) to achieve savings made possible by or through changes in 

        requirements or greater efficiency of operations; or

          (3) as specifically provided by law.
No officer or employee of the United States may defer any budget 
authority for any other purpose.


  (c) exception.--The provisions of this section do not apply to any 
budget authority proposed to be rescinded or that is to be reserved as 
set forth in a special message required to be transmitted under section 
1012.


                                  * * *


                      procedure in house and senate

  Sec. 1017. (a) referral.--Any rescission bill introduced with respect 
to a special message or impoundment resolution introduced with respect 
to a proposed deferral of budget authority shall be referred to the 
appropriate committee of the House of Representatives or the Senate, as 
the case may be.

  (b) discharge of committee.--(1) If the committee of which a 
rescission bill or impoundment resolution 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 either to 
discharge the committee from further consideration of the bill or 
resolution or to discharge the committee from further consideration of 
any other rescission bill with respect to the same special message or 
impoundment resolution with respect to the same proposed deferral, as 
the case may be, which has been referred to the committee.


[[Page 1027]]

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.
  (2) A motion to discharge may be made only by an individual favoring 
the bill or resolution, may be made only if supported by one-fifth of 
the Members of the House involved (a quorum being present), and is 
highly privileged in the House and privileged in the Senate (except that 
it may not be made after the committee has reported a bill or resolution 
with respect to the same special message or the same proposed deferral, 
as the case may be); 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 bill or resolution, and to be divided in 
the Senate equally between, and controlled by, 

  (c) floor consideration in the house.--(1) When the committee of the 
House of Representatives has reported, or has been discharged from 
further consideration of, a rescission bill or impoundment 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 bill or 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.

  (2) Debate on a rescission bill or impoundment resolution shall be 
limited to not more than 2 hours, which shall be divided equally between 
those favoring and those opposing the bill or resolution. A motion 
further to limit debate shall not be debatable. In the case of an 
impoundment resolution, no amendment to, or motion to recommit, the 
resolution shall be in order. It shall not be in order to move to 
reconsider the vote by which a rescission bill or impoundment resolution 
is agreed to or disagreed to.

  (3) Motions to postpone, made with respect to the consideration of a 
rescission bill or impoundment resolution, and motions to proceed to the 
consideration of other business, shall be decided 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 relating to any rescission bill or impoundment resolution 
shall be decided without debate.

  (5) Except to the extent specifically provided in the preceding 
provisions of this subsection, consideration of any rescission bill or 
impoundment resolution and amendments thereto (or any conference report 
thereon) shall be governed by the Rules of the House of Representatives 
applicable to other bills and resolutions, amendments, and conference 
reports in similar circumstances.


[[Page 1028]]

the majority leader and the minority leader or their designees.
  (d) floor consideration in the senate.--(1) Debate in the Senate on 
any rescission bill or impoundment resolution, and all amendments 
thereto (in the case of a rescission bill) 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, 

  (2) Debate in the Senate on any amendment to a rescission bill shall 
be limited to 2 hours, to be equally divided between, and controlled by, 
the mover and the manager of the bill. Debate on any amendment to an 
amendment, to such a bill, and debate on any debatable motion or appeal 
in connection with such a bill or an impoundment resolution shall be 
limited to 1 hour, to be equally divided 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 resolution is in favor of 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 bill shall be received. 
Such leaders, or either of them, may, from the time under their control 
on the passage of a rescission bill or impoundment resolution, allot 
additional time to any Senator during the consideration of any 
amendment, debatable motion, or appeal.

  (3) A motion to further limit debate is not debatable. In the case of 
a rescission bill, a motion to recommit (except a motion to recommit 
with instructions to report back within a specified number of days, not 
to exceed 3, not counting 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. In the case of an 
impoundment resolution, no amendment or motion to recommit is in order.

  (4) The conference report on any rescission bill 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.


[[Page 1029]]

utes, to be equally divided between, and controlled by, the mover and 
the manager of the conference report.
  (5) During the consideration in the Senate of the conference report on 
any rescission bill, 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 min-

  (6) 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.


  (7) 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.


  The privileged status given in section 1017(c)(1) to rescission bills 
within the 45-day period prescribed in section 1011 applies only to the 
initial consideration of the bill in the House, and consideration of a 
conference report on any bill containing rescissions of budget authority 
is subject only to the general rules of the House relating to conference 
reports and is not prevented by the expiration of the 45-day period 
following the initial consideration of the bill in the House (Speaker 
Albert, Mar. 25, 1975, pp. 8484-85).


             b. line item veto authority, Sec. Sec. 1021-27


                           [2 U.S.C. 691-91f]


                        line item veto authority


[[Page 1030]]

  Sec. 1021. (a) in general.--Notwithstanding the provisions of parts A 
and B, and subject to the provisions of this part, the President may, 
with respect to any bill or joint resolution that has been signed into 
law pursuant to Article I, section 7, of the Constitution of the United 
States, cancel in whole--

          (1) any dollar amount of discretionary budget authority;

          (2) any item of new direct spending; or

          (3) any limited tax benefit;
if the President--

          (A) determines that such cancellation will--

                  (i) reduce the Federal budget deficit;

                  (ii) not impair any essential Government functions; 

                and

                  (iii) not harm the national interest; and

          (B) notifies the Congress of such cancellation by transmitting 

        a special message, in accordance with section 1022, within five 

        calendar days (excluding Sundays) after the enactment of the law 

        providing the dollar amount of discretionary budget authority, 

        item of new direct spending, or limited tax benefit that was 

        canceled.

  (b) identification of cancellations.--In identifying dollar amounts of 
discretionary budget authority, items of new direct spending, and 
limited tax benefits for cancellation, the President shall--

          (1) consider the legislative history, construction, and 

        purposes of the law which contains such dollar amounts, items, 

        or benefits;

          (2) consider any specific sources of information referenced in 

        such law or, in the absence of specific sources of information, 

        the best available information; and

          (3) use the definitions contained in section 1026 in applying 

        this part to the specific provisions of such law.


  (c) exception for disapproval bills.--The authority granted by 
subsection (a) shall not apply to any dollar amount of discretionary 
budget authority, item of new direct spending, or limited tax benefit 
contained in any law that is a disapproval bill as defined in section 
1026.


                            special messages

  Sec. 1022. (a) in general.--For each law from which a cancellation has 
been made under this part, the President shall transmit a single special 
message to the Congress.

  (b) contents.--

          (1) The special message shall specify--

                  (A) the dollar amount of discretionary budget 


[[Page 1031]]

                authority, item of new direct spending, or limited 

                tax benefit which has been canceled, and provide a 

                corresponding reference number for each cancellation;

                  (B) the determinations required under section 1021(a), 

                together with any supporting material;

                  (C) the reasons for the cancellation;

                  (D) to the maximum extent practicable, the estimated 

                fiscal, economic, and budgetary effect of the 

                cancellation;

                  (E) all facts, circumstances and considerations 

                relating to or bearing upon the cancellation, and to the 

                maximum extent practicable, the estimated effect of the 

                cancellation upon the objects, purposes and programs for 

                which the canceled authority was provided; and

                  (F) include the adjustments that will be made pursuant 

                to section 1024 to the discretionary spending limits 

                under section 251(c) of the Balanced Budget and 

                Emergency Deficit Control Act of 1985 and an evaluation 

                of the effects of those adjustments upon the 

                sequestration procedures of section 251 of the Balanced 

                Budget and Emergency Deficit Control Act of 1985.

          (2) In the case of a cancellation of any dollar amount of 

        discretionary budget authority or item of new direct spending, 

        the special message shall also include, if applicable--

                  (A) any account, department, or establishment of the 

                Government for which such budget authority was to have 

                been available for obligation and the specific project 

                or governmental functions involved;

                  (B) the specific States and congressional districts, 

                if any, affected by the cancellation; and

                  (C) the total number of cancellations imposed during 

                the current session of Congress on States and 

                congressional districts identified in subparagraph (B).

  (c) transmission of special messages to house and senate.--

          (1) The President shall transmit to the Congress each special 

        message under this part within five calendar days (excluding 

        Sundays) after enactment of the law to which the cancellation 

        applies. Each special message shall be transmitted to the House 


[[Page 1032]]

        of Representatives and the Senate on the same calendar 

        day. Such special message shall be delivered to the Clerk of the 

        House of Representatives if the House is not in session, and to 

        the Secretary of the Senate if the Senate is not in session.

          (2) Any special message transmitted under this part shall be 

        printed in the first issue of the Federal Register published 


        after such transmittal.


                cancellation effective unless disapproved

  Sec. 1023. (a) in general.--The cancellation of any dollar amount of 
discretionary budget authority, item of new direct spending, or limited 
tax benefit shall take effect upon receipt in the House of 
Representatives and the Senate of the special message notifying the 
Congress of the cancellation. If a disapproval bill for such special 
message is enacted into law, then all cancellations disapproved in that 
law shall be null and void and any such dollar amount of discretionary 
budget authority, item of new direct spending, or limited tax benefit 
shall be effective as of the original date provided in the law to which 
the cancellation applied.


  (b) commensurate reductions in discretionary budget authority.--Upon 
the cancellation of a dollar amount of discretionary budget authority 
under subsection (a), the total appropriation for each relevant account 
of which that dollar amount is a part shall be simultaneously reduced by 
the dollar amount of that cancellation.


                            deficit reduction

  Sec. 1024. (a) in general.--

          (1) discretionary budget authority.--OMB shall, for each 

        dollar amount of discretionary budget authority and for each 

        item of new direct spending canceled from an appropriation law 

        under section 1021(a)--

                  (A) reflect the reduction that results from such 

                cancellation in the estimates required by section 


[[Page 1033]]

                251(a)(7) of the Balanced Budget and 

                Emergency Deficit Control Act of 1985 in accordance with 

                that Act, including an estimate of the reduction of the 

                budget authority and the reduction in outlays flowing from 

                such reduction of budget authority for each outyear; and

                  (B) include a reduction to the discretionary spending 

                limits for budget authority and outlays in accordance 

                with the Balanced Budget and Emergency Deficit Control 

                Act of 1985 for each applicable fiscal year set forth in 

                section 251(c) of the Balanced Budget and Emergency 

                Deficit Control Act of 1985 by amounts equal to the 

                amounts for each fiscal year estimated pursuant to 

                subparagraph (A).

          (2) direct spending and limited tax benefits.--(A) OMB shall, 

        for each item of new direct spending or limited tax benefit 

        canceled from a law under section 1021(a), estimate the deficit 

        decrease caused by the cancellation of such item or benefit in 

        that law and include such estimate as a separate entry in the 

        report prepared pursuant to section 252(d) of the Balanced 

        Budget and Emergency Deficit Control Act of 1985.

          (B) OMB shall not include any change in the deficit resulting 

        from a cancellation of any item of new direct spending or 

        limited tax benefit, or the enactment of a disapproval bill for 

        any such cancellation, under this part in the estimates and 

        reports required by sections 252(b) and 254 of the Balanced 

        Budget and Emergency Deficit Control Act of 1985.

  (b) adjustments to spending limits.--After ten calendar days 
(excluding Sundays) after the expiration of the time period in section 
1025(b)(1) for expedited congressional consideration of a disapproval 
bill for a special message containing a cancellation of discretionary 
budget authority, OMB shall make the reduction included in subsection 
(a)(1)(B) as part of the next sequester report required by section 254 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

  (c) exception.--Subsection (b) shall not apply to a cancellation if a 
disapproval bill or other law that disapproves that cancellation is 
enacted into law prior to 10 calendar days (excluding Sundays) after the 
expiration of the time period set forth in section 1025(b)(1).


[[Page 1034]]

  (d) congressional budget office estimates.--As soon as practicable 
after the President makes a cancellation from a law under section 
1021(a), the Director of the Congressional Budget Office shall provide 
the Committees on the Budget of the House of Representatives and the 
Senate with an estimate of the reduction of the budget authority and the 
reduction in outlays flowing from such reduction of budget authority for 
each outyear.


       expedited congressional consideration of disapproval bills

  Sec. 1025. (a) receipt and referral of special message.--Each special 
message transmitted under this part shall be referred to the Committee 
on the Budget and the appropriate committee or committees of the Senate 
and the Committee on the Budget and the appropriate committee or 
committees of the House of Representatives. Each such message shall be 
printed as a document of the House of Representatives.

  (b) time period for expedited procedures.--

          (1) There shall be a congressional review period of 30 

        calendar days of session, beginning on the first calendar day of 

        session after the date on which the special message is received 

        in the House of Representatives and the Senate, during which the 

        procedures contained in this section shall apply to both Houses 

        of Congress.

          (2) In the House of Representatives the procedures set forth 

        in this section shall not apply after the end of the period 

        described in paragraph (1).

          (3) If Congress adjourns at the end of a Congress prior to the 

        expiration of the period described in paragraph (1) and a 

        disapproval bill was then pending in either House of Congress or 

        a committee thereof (including a conference committee of the two 

        Houses of Congress), or was pending before the President, a 

        disapproval bill for the same special message may be introduced 

        within the first five calendar days of session of the next 

        Congress and shall be treated as a disapproval bill under this 

        part, and the time period described in paragraph (1) shall 

        commence on the day of introduction of that disapproval bill.

  (c) introduction of disapproval bills.--(1) In order for a disapproval 
bill to be considered under the procedures set forth in this section, 
the bill must meet the definition of a disapproval bill and must be 
introduced no later than the fifth calendar day of session following the 
beginning of the period described in subsection (b)(1).


[[Page 1035]]

  (2) In the case of a disapproval bill introduced in the House of 
Representatives, such bill shall include in the first blank space 
referred to in section 1026(6)(C) a list of the reference numbers for 
all cancellations made by the President in the special message to which 
such disapproval bill relates.

  (d) consideration in the house of representatives.--(1) Any committee 
of the House of Representatives to which a disapproval bill is referred 
shall report it without amendment, and with or without recommendation, 
not later than the seventh calendar day of session after the date of its 
introduction. If any committee fails to report the bill within that 
period, it is in order to move that the House discharge the committee 
from further consideration of the bill, except that such a motion may 
not be made after the committee has reported a disapproval bill with 
respect to the same special message. A motion to discharge may be made 
only by a Member favoring the bill (but only at a time or place 
designated by the Speaker in the legislative schedule of the day after 
the calendar day on which the Member offering the motion announces to 
the House his intention to do so and the form of the motion). The motion 
is highly privileged. Debate thereon shall be limited to not more than 
one hour, the time to be divided in the House equally between a 
proponent and an opponent. The previous question shall be considered as 
ordered on the motion to its adoption without intervening motion. A 
motion to reconsider the vote by which the motion is agreed to or 
disagreed to shall not be in order.


[[Page 1036]]

Consideration of the bill for amendment shall not exceed one hour 
excluding time for recorded votes and quorum calls. No amendment shall 
be subject to further amendment, except pro forma amendments for the 
purposes of debate only. At the conclusion of the consideration of the 
bill for amendment, the Committee shall rise and report the bill to the 
House with such amendments as may have been adopted. The previous question 
shall be considered as ordered on the bill and amendments thereto to final 
passage without intervening motion. A motion to reconsider the vote on 
passage of the bill shall not be in order.
  (2) After a disapproval bill is reported or a committee has been 
discharged from further consideration, it is in order to move that the 
House resolve into the Committee of the Whole House on the State of the 
Union for consideration of the bill. If reported and the report has been 
available for at least one calendar day, all points of order against the 
bill and against consideration of the bill are waived. If discharged, 
all points of order against the bill and against consideration of the 
bill are waived. The motion is highly privileged. A motion to reconsider 
the vote by which the motion is agreed to or disagreed to shall not be 
in order. During consideration of the bill in the Committee of the 
Whole, the first reading of the bill shall be dispensed with. General 
debate shall proceed, shall be confined to the bill, and shall not 
exceed one hour equally divided and controlled by a proponent and an 
opponent of the bill. The bill shall be considered as read for amendment 
under the five-minute rule. Only one motion to rise shall be in order, 
except if offered by the manager. No amendment to the bill is in order, 
except any Member if supported by 49 other Members (a quorum being 
present) may offer an amendment striking the reference number or numbers 
of a cancellation or cancellations from the bill. 

  (3) Appeals from decisions of the Chair regarding application of the 
rules of the House of Representatives to the procedure relating to a 
disapproval bill shall be decided without debate.

  (4) It shall not be in order to consider under this subsection more 
than one disapproval bill for the same special message except for 
consideration of a similar Senate bill (unless the House has already 
rejected a disapproval bill for the same special message) or more than 
one motion to discharge described in paragraph (1) with respect to a 
disapproval bill for that special message.

  (e) consideration in the senate.--

          (1) referral and reporting.--Any disapproval bill introduced 

        in the Senate shall be referred to the appropriate committee or 

        committees. A committee to which a disapproval bill has been 

        referred shall report the bill not later than the seventh day of 

        session following the date of introduction of that bill. If any 

        committee fails to report the bill within that period, that 

        committee shall be automatically discharged from further 

        consideration of the bill and the bill shall be placed on the 

        Calendar.

          (2) disapproval bill from house.--When the Senate receives 

        from the House of Representatives a disapproval bill, such bill 

        shall not be referred to committee and shall be placed on the 

        Calendar.

          (3) consideration of single disapproval bill.--After the 

        Senate has proceeded to the consideration of a disapproval bill 

        for a special message, then no other disapproval bill 

        originating in that same House relating to that same message 

        shall be subject to the procedures set forth in this subsection.

          (4) amendments.--

                  (A) amendments in order.--The only amendments in order 


[[Page 1037]]

                to a disapproval bill are--


  (i) an amendment that strikes the reference number of a cancellation from 
the disapproval bill; and


  (ii) an amendment that only inserts the reference number of a 
cancellation included in the special message to which the disapproval bill 
relates that is not already contained in such bill.

                  (B) waiver or appeal.--An affirmative vote of three-

                fifths of the Senators, duly chosen and sworn, shall be 


                required in the Senate--


  (i) to waive or suspend this paragraph; or


  (ii) to sustain an appeal of the ruling of the Chair on a point of order 
raised under this paragraph.

          (5) motion nondebatable.--A motion to proceed to consideration 

        of a disapproval bill under this subsection shall not be 

        debatable. It shall not be in order to move to reconsider the 

        vote by which the motion to proceed was adopted or rejected, 

        although subsequent motions to proceed may be made under this 

        paragraph.

          (6) limit on consideration.--(A) After no more than 10 hours 

        of consideration of a disapproval bill, the Senate shall 

        proceed, without intervening action or debate (except as 

        permitted under paragraph (9)), to vote on the final disposition 

        thereof to the exclusion of all amendments not then pending and 

        to the exclusion of all motions, except a motion to reconsider 

        or to table.

          (B) A single motion to extend the time for consideration under 

        subparagraph (A) for no more than an additional five hours is in 

        order prior to the expiration of such time and shall be decided 

        without debate.

          (C) The time for debate on the disapproval bill shall be 

        equally divided between the Majority Leader and the Minority 

        Leader or their designees.

          (7) debate on amendments.--Debate on any amendment to a 

        disapproval bill shall be limited to one hour, equally divided 

        and controlled by the Senator proposing the amendment and the 

        majority manager, unless the majority manager is in favor of the 

        amendment, in which case the minority manager shall be in 

        control of the time in opposition.

          (8) no motion to recommit.--A motion to recommit a disapproval 


[[Page 1038]]

        bill shall not be in order.

          (9) disposition of senate disapproval bill.--If the Senate has 

        read for the third time a disapproval bill that originated in 

        the Senate, then it shall be in order at any time thereafter to 

        move to proceed to the consideration of a disapproval bill for 

        the same special message received from the House of 

        Representatives and placed on the Calendar pursuant to paragraph 

        (2), strike all after the enacting clause, substitute the text 

        of the Senate disapproval bill, agree to the Senate amendment, 

        and vote on final disposition of the House disapproval bill, all 

        without any intervening action or debate.

          (10) consideration of house message.--Consideration in the 

        Senate of all motions, amendments, or appeals necessary to 

        dispose of a message from the House of Representatives on a 

        disapproval bill shall be limited to not more than four hours. 

        Debate on each motion or amendment shall be limited to 30 

        minutes. Debate on any appeal or point of order that is 

        submitted in connection with the disposition of the House 

        message shall be limited to 20 minutes. Any time for debate 

        shall be equally divided and controlled by the proponent and the 

        majority manager, unless the majority manager is a proponent of 

        the motion, amendment, appeal, or point of order, in which case 

        the minority manager shall be in control of the time in 

        opposition.

  (f) consideration in conference.--

          (1) convening of conference.--In the case of disagreement 

        between the two Houses of Congress with respect to a disapproval 

        bill passed by both Houses, conferees should be promptly 

        appointed and a conference promptly convened, if necessary.

          (2) house consideration.--(A) Notwithstanding any other rule 

        of the House of Representatives, it shall be in order to 

        consider the report of a committee of conference relating to a 

        disapproval bill provided such report has been available for one 

        calendar day (excluding Saturdays, Sundays, or legal holidays, 

        unless the House is in session on such a day) and the 

        accompanying statement shall have been filed in the House.

          (B) Debate in the House of Representatives on the conference 

        report and any amendments in disagreement on any disapproval 

        bill shall each be limited to not more than one hour equally 


[[Page 1039]]

        divided and controlled 

        by a proponent and an opponent. A motion to further limit debate 

        is not debatable. A motion to recommit the conference report is 

        not in order, and it is not in order to move to reconsider the vote 

        by which the conference report is agreed to or disagreed to.

          (3) senate consideration.--Consideration in the Senate of the 

        conference report and any amendments in disagreement on a 

        disapproval bill shall be limited to not more than four hours 

        equally divided and controlled by the Majority Leader and the 

        Minority Leader or their designees. A motion to recommit the 

        conference report is not in order.

          (4) limits on scope.--(A) When a disagreement to an amendment 

        in the nature of a substitute has been referred to a conference, 

        the conferees shall report those cancellations that were 

        included in both the bill and the amendment, and may report a 

        cancellation included in either the bill or the amendment, but 

        shall not include any other matter.

          (B) When a disagreement on an amendment or amendments of one 

        House to the disapproval bill of the other House has been 

        referred to a committee of conference, the conferees shall 

        report those cancellations upon which both Houses agree and may 

        report any or all of those cancellations upon which there is 


        disagreement, but shall not include any other matter.


                               definitions

  Sec. 1026. As used in this part:

          (1) appropriation law.--The term ``appropriation law'' means 

        an Act referred to in section 105 of title 1, United States 

        Code, including any general or special appropriation Act, or any 

        Act making supplemental, deficiency, or continuing 

        appropriations, that has been signed into law pursuant to 

        Article I, section 7, of the Constitution of the United States.

          (2) calendar day.--The term ``calendar day'' means a standard 

        24-hour period beginning at midnight.

          (3) calendar days of session.--The term ``calendar days of 

        session'' shall mean only those days on which both Houses of 

        Congress are in session.

          (4) cancel.--The term ``cancel'' or ``cancellation'' means--

                  (A) with respect to any dollar amount of discretionary 


[[Page 1040]]

                budget authority, to rescind;


                  (B) with respect to any item of new direct spending--


  (i) that is budget authority provided by law (other than an appropriation 
law), to prevent such budget authority from having legal force or effect;


  (ii) that is entitlement authority, to prevent the specific legal 
obligation of the United States from having legal force or effect; or


  (iii) through the food stamp program, to prevent the specific provision 
of law that results in an increase in budget authority or outlays for that 
program from having legal force or effect; and

                  (C) with respect to a limited tax benefit, to prevent 

                the specific provision of law that provides such benefit 

                from having legal force or effect.

          (5) direct spending.--The term ``direct spending'' means--

                  (A) budget authority provided by law (other than an 

                appropriation law);

                  (B) entitlement authority; and

                  (C) the food stamp program.

          (6) disapproval bill.--The term ``disapproval bill'' means a 

        bill or joint resolution which only disapproves one or more 

        cancellations of dollar amounts of discretionary budget 

        authority, items of new direct spending, or limited tax benefits 

        in a special message transmitted by the President under this 

        part and--

                  (A) the title of which is as follows: ``A bill 

                disapproving the cancellations transmitted by the 

                President on ------'', the blank space being filled in 

                with the date of transmission of the relevant special 

                message and the public law number to which the message 

                relates;

                  (B) which does not have a preamble; and

                  (C) which provides only the following after the 

                enacting clause: ``That Congress disapproves of 

                cancellations ------'', the blank space being filled in 

                with a list by reference number of one or more 

                cancellations contained in the President's special 

                message, ``as transmitted by the President in a special 

                message on ------'', the blank space being filled in 

                with the appropriate date, ``regarding ------.'', the 


[[Page 1041]]

                blank space being filled in with the 

                public law number to which the special message relates.

          (7) dollar amount of discretionary budget authority.--(A) 

        Except as provided in subparagraph (B), the term ``dollar amount 

        of discretionary budget authority'' means the entire dollar 

        amount of budget authority--

                  (i) specified in an appropriation law, or the entire 

                dollar amount of budget authority required to be 

                allocated by a specific proviso in an appropriation law 

                for which a specific dollar figure was not included;

                  (ii) represented separately in any table, chart, or 

                explanatory text included in the statement of managers 

                or the governing committee report accompanying such law;

                  (iii) required to be allocated for a specific program, 

                project, or activity in a law (other than an 

                appropriation law) that mandates the expenditure of 

                budget authority from accounts, programs, projects, or 

                activities for which budget authority is provided in an 

                appropriation law;

                  (iv) represented by the product of the estimated 

                procurement cost and the total quantity of items 

                specified in an appropriation law or included in the 

                statement of managers or the governing committee report 

                accompanying such law; or

                  (v) represented by the product of the estimated 

                procurement cost and the total quantity of items 

                required to be provided in a law (other than an 

                appropriation law) that mandates the expenditure of 

                budget authority from accounts, programs, projects, or 

                activities for which budget authority is provided in an 

                appropriation law.

          (B) The term ``dollar amount of discretionary budget 

        authority'' does not include--

                  (i) direct spending;

                  (ii) budget authority in an appropriation law which 

                funds direct spending provided for in other law;

                  (iii) any existing budget authority rescinded or 

                canceled in an appropriation law; or

                  (iv) any restriction, condition, or limitation in an 

                appropriation law or the accompanying statement of 

                managers or committee reports on the expenditure of 


[[Page 1042]]

                budget authority for an account, pro-

                gram, project, or activity, or on activities involving 

                such expenditure.

          (8) item of new direct spending.--The term ``item of new 

        direct spending'' means any specific provision of law that is 

        estimated to result in an increase in budget authority or 

        outlays for direct spending relative to the most recent levels 

        calculated pursuant to section 257 of the Balanced Budget and 

        Emergency Deficit Control Act of 1985.

          (9) limited tax benefit.--(A) The term ``limited tax benefit'' 

        means--

                  (i) any revenue-losing provision which provides a 

                Federal tax deduction, credit, exclusion, or preference 

                to 100 or fewer beneficiaries under the Internal Revenue 

                Code of 1986 in any fiscal year for which the provision 

                is in effect; and

                  (ii) any Federal tax provision which provides 

                temporary or permanent transitional relief for 10 or 

                fewer beneficiaries in any fiscal year from a change to 

                the Internal Revenue Code of 1986.

          (B) A provision shall not be treated as described in 

        subparagraph (A)(i) if the effect of that provision is that--

                  (i) all persons in the same industry or engaged in the 

                same type of activity receive the same treatment;

                  (ii) all persons owning the same type of property, or 

                issuing the same type of investment, receive the same 

                treatment; or

                  (iii) any difference in the treatment of persons is 


                based solely on--


  (I) in the case of businesses and associations, the size or form of the 
business or association involved;


  (II) in the case of individuals, general demographic conditions, such as 
income, marital status, number of dependents, or tax return filing status;


  (III) the amount involved; or


  (IV) a generally-available election under the Internal Revenue Code of 
1986.

          (C) A provision shall not be treated as described in 

        subparagraph (A)(ii) if--

                  (i) it provides for the retention of prior law with 

                respect to all binding contracts or other legally 

                enforceable obligations in existence on a date 


[[Page 1043]]

                con-

                temporaneous with congressional action specifying 

                such date; or

                  (ii) it is a technical correction to previously 

                enacted legislation that is estimated to have no revenue 

                effect.

          (D) For purposes of subparagraph (A)--

                  (i) all businesses and associations which are related 

                within the meaning of sections 707(b) and 1563(a) of the 

                Internal Revenue Code of 1986 shall be treated as a 

                single beneficiary;

                  (ii) all qualified plans of an employer shall be 

                treated as a single beneficiary;

                  (iii) all holders of the same bond issue shall be 

                treated as a single beneficiary; and

                  (iv) if a corporation, partnership, association, trust 

                or estate is the beneficiary of a provision, the 

                shareholders of the corporation, the partners of the 

                partnership, the members of the association, or the 

                beneficiaries of the trust or estate shall not also be 

                treated as beneficiaries of such provision.

          (E) For purposes of this paragraph, the term ``revenue-losing 

        provision'' means any provision which results in a reduction in 

        Federal tax revenues for any one of the two following periods--

                  (i) the first fiscal year for which the provision is 

                effective; or

                  (ii) the period of the 5 fiscal years beginning with 

                the first fiscal year for which the provision is 

                effective.

          (F) The terms used in this paragraph shall have the same 

        meaning as those terms have generally in the Internal Revenue 

        Code of 1986, unless otherwise expressly provided.

          (10) omb.--The term ``OMB'' means the Director of the Office 


        of Management and Budget.


                 identification of limited tax benefits


[[Page 1044]]

The Joint Committee on Taxation shall provide to the committee of 
conference a statement identifying any such limited tax benefits or 
declaring that the bill or joint resolution does not contain any limited 
tax benefits. Any such statement shall be made available to any Member of 
Congress by the Joint Committee on Taxation immediately upon request.
  Sec. 1027. (a) statement by joint tax committee.--The Joint Committee 
on Taxation shall review any revenue or reconciliation bill or joint 
resolution which includes any amendment to the Internal Revenue Code of 
1986 that is being prepared for filing by a committee of conference of 
the two Houses, and shall identify whether such bill or joint resolution 
contains any limited tax benefits. 

  (b) statement included in legislation.--(1) Notwithstanding any other 
rule of the House of Representatives or any rule or precedent of the 
Senate, any revenue or reconciliation bill or joint resolution which 
includes any amendment to the Internal Revenue Code of 1986 reported by 
a committee of conference of the two Houses may include, as a separate 
section of such bill or joint resolution, the information contained in 
the statement of the Joint Committee on Taxation, but only in the manner 
set forth in paragraph (2).

  (2) The separate section permitted under paragraph (1) shall read as 
follows: ``Section 1021(a)(3) of the Congressional Budget and 
Impoundment Control Act of 1974 shall ------ apply to ------.'', with 
the blank spaces being filled in with--

          (A) in any case in which the Joint Committee on Taxation 

        identifies limited tax benefits in the statement required under 

        subsection (a), the word ``only'' in the first blank space and a 

        list of all of the specific provisions of the bill or joint 

        resolution identified by the Joint Committee on Taxation in such 

        statement in the second blank space; or

          (B) in any case in which the Joint Committee on Taxation 

        declares that there are no limited tax benefits in the statement 

        required under subsection (a), the word ``not'' in the first 

        blank space and the phrase ``any provision of this Act'' in the 

        second blank space.

  (c) president's authority.--If any revenue or reconciliation bill or 
joint resolution is signed into law pursuant to Article I, section 7, of 
the Constitution of the United States--

          (1) with a separate section described in subsection (b)(2), 

        then the President may use the authority granted in section 

        1021(a)(3) only to cancel any limited tax benefit in that law, 

        if any, identified in such separate section; or

          (2) without a separate section described in subsection (b)(2), 

        then the President may use the authority granted in section 


[[Page 1045]]

        1021(a)(3) to cancel any limited 

        tax benefit in that law that meets the definition in section 1026.


  (d) congressional identifications of limited tax benefits.--There 
shall be no judicial review of the congressional identification under 
subsections (a) and (b) of a limited tax benefit in a conference report.


  The District Court for the District of Columbia declared the Line Item 
Veto Act unconstitutional (Byrd v. Raines, 956 F. Supp. 25 (D.D.C. 
1997)). The Supreme Court vacated and remanded the judgment of the 
District Court because appellees (six Members of Congress) lacked 
standing to bring the suit (Raines v. Byrd, 117 S. Ct. 2312 (1997)).

    7. Foreign Spent Nuclear Fuel [Department of Energy Act of 1978--


           Civilian Applications, Sec. 107 (22 U.S.C. 3224a)]


[[Page 1046]]

available to 
the Secretary of Energy under any other authorization or appropriation 
Act shall be used, directly or indirectly, for the repurchase, 
transportation, or storage of any such foreign spent nuclear fuel for 
storage or other disposition, interim or permanent, in the United 
States, unless the use of the funds for that specific purpose has been 
(1) previously and expressly authorized by Congress in legislation 
hereafter enacted, (2) previously and expressly authorized by a 
concurrent resolution, or (3) the President submits a plan for such use, 
with the report information specified herein, thirty days during which 
the Congress is in continuous session, as defined in the Impoundment 
Control Act of 1974, prior to such use and neither House of Congress 
approves a resolution of disapproval of the plan prior to the expiration 
of the aforementioned thirty-day period. If such a resolution of 
disapproval has been introduced, but has not been reported by the 
Committee on or before the twentieth day after transmission of the 
Presidential message, a privileged motion shall be in order in the 
respective body to discharge the Committee from further consideration of 
the resolution and to provide for its immediate consideration, using the 
procedures specified for consideration of an impoundment resolution in 
section 1017 of the Impoundment Control Act of 1974 (2 U.S.C. 688).

  Sec. 107. * * * Provided, That notwithstanding any other provision of 
law, that none of the funds made available to the Secretary of Energy 
under any other authorization or appropriation Act shall be used, 
directly or indirectly, for the repurchase, transportation or storage of 
any foreign spent nuclear fuel (including any nuclear fuel irradiated in 
any nuclear power reactor located outside of the United States and 
operated by any foreign legal entity, government or nongovernment, 
regardless of the legal ownership or control of the fuel or the reactor, 
and regardless of the origin or licensing of the fuel or the reactor, 
but not including fuel irradiated in a research reactor, and not 
including fuel irradiated in a power reactor if the President determines 
that (1) use of funds for repurchase, transportation or storage of such 
fuel is required by an emergency situation, (2) it is in the interest of 
the common defense and security of the United States to take such 
action, and (3) he notifies the Congress of the determination and 
action, with a detailed explanation and justification thereof, as soon 
as possible) unless the President formally notifies, with the report 
information specified herein, the Committee on Energy and Natural 
Resources of the Senate and the Committee on Science of the House of 
Representatives of such use of funds thirty calendar days, during such 
time as either House of Congress is in session, before the commitment, 
expenditure, or obligation of such funds: And provided further, That, 
notwithstanding any other provision of law, that none of the funds 
appropriated pursuant to this Act or any other funds made 


  This provision should be read in light of INS v. Chadha, 462 U.S. 919 
(1983).


         8. Pension Reform Act, Sec. 4006(b) [29 U.S.C. 1306(b)]

  Sec. 4006. revised coverage schedules-- * * * (b)(1) In order to place 
a revised schedule (other than a schedule described in subsection (a)(2) 
(C), (D), or (E) in effect, the corporation shall transmit the proposed 
schedule, its proposed effective date, and the reasons for its proposal 
to the Committee on Ways and Means and the Committee on Economic and 
Educational Opportunities of the House of Representatives, and to the 
Committee on Finance and the Committee on Labor and Human Resources of 
the Senate.


[[Page 1047]]

rules of each House, respectively, but applicable only 
with respect to the procedure to be followed in that House in the case 
of resolutions described in paragraph (3). They shall supersede other 
rules only to the extent that they are inconsistent therewith. They are 
enacted 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 rule of that House.
  (2) The succeeding paragraphs of this subsection are enacted by 
Congress as an exercise of the rulemaking power of the Senate and the 
House of Representatives, respectively, and as such they shall be deemed 
a part of the 

  (3) For the purpose of the succeeding paragraphs of this subsection, 
``resolution'' means only a joint resolution, the matter after the 
resolving clause of which is as follows: ``The proposed revised schedule 
transmitted to Congress by the Pension Benefit Guaranty Corporation on 
------ is hereby approved.'', the blank space therein being filled with 
the date on which the corporation's message proposing the rate was 
delivered.

  (4) A resolution shall be referred to the Committee on Ways and Means 
and the Committee on Economic and Educational Opportunities of the House 
of Representatives and to the Committee on Finance and the Committee on 
Labor and Human Resources of the Senate.

  (5) If a committee to which has been referred a resolution has not 
reported it before the expiration of 10 calendar days after its 
introduction, it shall then (but not before) be in order to move to 
discharge the committee from further consideration of that resolution, 
or to discharge the committee from further consideration of any other 
resolution with respect to the proposed adjustment which has been 
referred to the committee. The motion to discharge may be made only by a 
person favoring the resolution, shall be highly privileged (except that 
it may not be made after the committee has reported a resolution with 
respect to the same proposed rate), and debate thereon shall be limited 
to not more than 1 hour, to be divided equally between those favoring 
and those opposing the resolution. 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. If the motion to discharge is 
agreed to or disagreed to, the motion may not be renewed, nor may 
another motion to discharge the committee be made with respect to any 
other resolution with respect to the same proposed rate.


[[Page 1048]]

tion to the same effect has been disagreed to) to move to proceed to the 
consideration of the resolution. The motion is highly privileged and is 
not debatable. 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. Debate on the resolution shall be limited to not more 
than 10 hours, which shall be divided equally between those favoring and 
those opposing the resolution. A motion further to limit debate is not 
debatable. An amendment to, or motion to recommit, the resolution is not 
in order, and it is not in order to move to reconsider the vote by which 
the resolution is agreed to or disagreed to.
  (6) When a committee has reported, or has been discharged from further 
consideration of a resolution, it is at any time thereafter in order 
(even though a previous mo-


  (7) Motions to postpone, made with respect to the discharge from 
committee, or the consideration of, a resolution and motions to proceed 
to the consideration of other business shall be decided without debate. 
Appeals from the decisions of the Chair relating to the application of 
the rules of the Senate or the House of Representatives, as the case may 
be, to the procedure relating to a resolution shall be decided without 
debate.


  By unanimous consent a concurrent resolution approving a revised 
coverage schedule proposed by the Pension Benefit Guaranty Corporation 
was considered in the House as in Committee of the Whole (Nov. 2, 1977, 
pp. 36644-46).

  9. Multiemployer Guarantees, Revised Schedules [Employee Retirement 


       Income Security Act of 1974, Sec. 4022A (29 U.S.C. 1322a)]


                 multiemployer plan benefits guaranteed

  Sec. 4022A. * * * (f)(1) No later than 5 years after September 26, 
1980, and at least every fifth year thereafter, the corporation shall--

          (A) conduct a study to determine--

                  (i) the premiums needed to maintain the basic-benefit 

                guarantee levels for multiemployer plans described in 

                subsection (c), and

                  (ii) whether the basic-benefit guarantee levels for 

                multiemployer plans may be increased without increasing 

                the basic-benefit premiums for multiemployer plans under 

                this title; and

          (B) report such determinations to the Committee on Ways and 

        Means and the Committee on Economic and Educational 


[[Page 1049]]

        Opportunities of the House of Represent-

        atives and to the Committee on Finance and the Committee on Labor 

        and Human Resources of the Senate.

  (2)(A) If the last report described in paragraph (1) indicates that a 
premium increase is necessary to support the existing basic-benefit 
guarantee levels for multiemployer plans, the corporation shall transmit 
to the Committee on Ways and Means and the Committee on Economic and 
Educational Opportunities of the House of Representatives and to the 
Committee on Finance and the Committee on Labor and Human Resources of 
the Senate by March 31 of any calendar year in which congressional 
action under this subsection is requested--

          (i) a revised schedule of basic-benefit guarantees for 

        multiemployer plans which would be necessary in the absence of 

        an increase in premiums approved in accordance with section 

        4006(b) [29 U.S.C. 1306(b)],

          (ii) a revised schedule of basic-benefit premiums for 

        multiemployer plans which is necessary to support the existing 

        basic-benefit guarantees for such plans, and

          (iii) a revised schedule of basic-benefit guarantees for 

        multiemployer plans for which the schedule of premiums necessary 

        is higher than the existing premium schedule for such plans but 

        lower than the revised schedule of premiums for such plans 

        specified in clause (ii), together with such schedule of 

        premiums.

  (B) The revised schedule of increased premiums referred to in 
subparagraph (A)(ii) or (A)(iii) shall go into effect as approved by the 
enactment of a joint resolution.

  (C) If an increase in premiums is not so enacted, the revised 
guarantee schedule described in subparagraph (A)(i) shall go into effect 
on the first day of the second calendar year following the year in which 
such revised guarantee schedule was submitted to the Congress.


[[Page 1050]]

  (3)(A) If the last report described in paragraph (1) indicates that 
basic-benefit guarantees for multiemployer plans can be increased 
without increasing the basic-benefit premiums for multiemployer plans 
under this title, the corporation shall submit to the Committee on Ways 
and Means and the Committee on Economic and Educational Opportunities of 
the House of Representatives and to the Committee on Finance and the 
Committee on Labor and Human Resources of the Senate by March 31 of the 
calendar year in which congressional action under this paragraph is 
requested--

          (i) a revised schedule of increases in the basic-benefit 

        guarantees which can be supported by the existing schedule of 

        basic-benefit premiums for multiemployer plans, and

          (ii) a revised schedule of basic-benefit premiums sufficient 

        to support the existing basic-benefit guarantees.

  (B) The revised schedules referred to in subparagraph (A)(i) or 
subparagraph (A)(ii) shall go into effect as approved by the Congress by 
the enactment of a joint resolution.

  (4)(A) The succeeding subparagraphs of this paragraph are enacted by 
the Congress as an exercise of the rulemaking power of the Senate and 
the House of Representatives, respectively, and as such they shall be 
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 joint resolutions (as defined in subparagraph (B)). Such 
subparagraphs shall supersede other rules only to the extent that they 
are inconsistent therewith. They are enacted 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 rule of that House.

  (B) For purposes of this subsection, ``joint resolution'' means only a 
joint resolution, the matter after the resolving clause of which is as 
follows: ``The proposed schedule described in ------ transmitted to the 
Congress by the Pension Benefit Guaranty Corporation on ------ is hereby 
approved.'', the first blank space therein being filled with ``section 
4022A(f)(2)(A)(ii) of the Employee Retirement Income Security Act of 
1974'', ``section 4022A(f)(2)(A)(iii) of the Employee Retirement Income 
Security Act of 1974'', ``section 4022A(f)(3)(A)(i) of the Employee 
Retirement Income Security Act of 1974'', or ``section 
4022A(f)(3)(A)(ii) of the Employee Retirement Income Security Act of 
1974'' (whichever is applicable), and the second blank space therein 
being filled with the date on which the corporation's message proposing 
the revision was submitted.

  (C) The procedure for disposition of a joint resolution shall be the 
procedure described in section 4006(b)(4) through (7) [29 U.S.C. 
1306(b)(4)-(7)]. * * *


[[Page 1051]]

  (g)(4)(A) No revised schedule of premiums under this subsection, after 
the initial schedule, shall go into effect unless--

          (i) the revised schedule is submitted to the Congress, and

          (ii) a joint resolution described in subparagraph (B) is not 

        adopted before the close of the 60th legislative day after such 

        schedule is submitted to the Congress.

  (B) For purposes of subparagraph (A), a joint resolution described in 
this subparagraph is a joint resolution the matter after the resolving 
clause of which is as follows: ``The revised premium schedule 
transmitted to the Congress by the Pension Benefit Guaranty Corporation 
under section 4022A(g)(4) of the Employee Retirement Income Security Act 
of 1974 on ------ is hereby disapproved.'', the blank space therein 
being filled with the date on which the revised schedule was submitted.

  (C) For purposes of subparagraph (A), the term ``legislative day'' 
means any calendar day other than a day on which either House is not in 
session because of a sine die adjournment or an adjournment of more than 
3 days to a day certain.


 10. Nuclear Non-Proliferation Provisions of the Atomic Energy Act [42 
  (D) The procedure for disposition of a joint resolution described in 
subparagraph (B) shall be the procedure described in paragraphs (4) 
through (7) of section 4006(b) [29 U.S.C. 1306(b)(4)-(7)].


                             U.S.C 2153-60]


                     cooperation with other nations


                            [42 U.S.C. 2153]

  Sec. 123. cooperation with other nations.--

  No cooperation with any nation, group of nations or regional defense 
organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or 
144 [42 U.S.C. 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or 
2164] shall be undertaken until--

  a. the proposed agreement for cooperation has been submitted to the 
President, which proposed agreement shall include the terms, conditions, 
duration, nature, and scope of the cooperation; and shall include the 
following requirements: * * *


[[Page 1052]]

the accompanying unclassified Nuclear Proliferation Assessment Statement, 
to the Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives, the President has 
consulted with such Committees for a period of not less than thirty 
days of continuous session (as defined in section 130 [42 U.S.C. 2159]) 
concerning the consistency of the terms of the proposed agreement with 
all the requirements of this chapter, and the President has approved and 
authorized the execution of the proposed agreement for cooperation and 
has made a determination in writing that the performance of the proposed 
agreement will promote, and will not constitute an unreasonable risk to, 
the common defense and security;
  b. the President has submitted text of the proposed agreement for 
cooperation (except an agreement arranged pursuant to subsection 91(c), 
144(b), 144(c), or 144(d) [42 U.S.C. 2121(c), 2164(b), 2164(c), or 
2164(d)], together with 

  c. the proposed agreement for cooperation (if not an agreement subject 
to subsection d.), together with the approval and determination of the 
President, has been submitted to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate for a period of thirty days of continuous 
session (as defined in subsection 130g. [42 U.S.C. 2159(g)]): Provided, 
however, That these committees, after having received such agreement for 
cooperation, may by resolution in writing waive the conditions of all or 
any portion of such thirty-day period; and


[[Page 1053]]

adopts and there is enacted, a joint resolution stating in substance 
that the Congress does not favor the proposed agreement for cooperation: 
Provided, That the sixty-day period shall not begin until a Nuclear 
Proliferation Assessment Statement prepared by the Director of the Arms 
Control and Disarmament Agency, when required by subsection a., has been 
submitted to the Congress. * * *

Any such proposed agreement for cooperation shall be considered pursuant 
to the procedures set forth in section 130(i) of this Act [42 U.S.C. 
2159(i)].
  d. the proposed agreement for cooperation (if arranged pursuant to 
subsection 91c., 144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 
2164(c), or 2164(d)], or if entailing implementation of section 53, 
54a., 103, or 104 [42 U.S.C. 2073, 2074(a), 2133, or 2134] in relation 
to a reactor that may be capable of producing more than five thermal 
megawatts or special nuclear material for use in connection therewith) 
has been submitted to the Congress, together with the approval and 
determination of the President, for a period of sixty days of continuous 
session (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)]) 
and referred to the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate, 
and in addition, in the case of a proposed agreement for cooperation 
arranged pursuant to subsection 91c., 144b., 144c., or 144d. [42 U.S.C. 
2121(c), 2164(b), 2164(c), or 2164(d)], the Committee on National 
Security of the House of Representatives and the Committee on Armed 
Services of the Senate, but such proposed agreement for cooperation 
shall not become effective if during such sixty-day period the Congress 

  Following submission of a proposed agreement for co-operation (except 
an agreement for cooperation arranged pursuant to subsection 91c., 
144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 2164(c), or 
2164(d)]) to the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate, 
the Nuclear Regulatory Commission, the Department of State, the 
Department of Energy, the Arms Control and Disarmament Agency, and the 
Department of Defense shall, upon the request of either of those 
committees, promptly furnish to those committees their views as to 
whether the safeguards and other controls contained therein provide an 
adequate framework to ensure that any exports as contemplated by such 
agreement will not be inimical to or constitute an unreasonable risk to 
the common defense and security.


[[Page 1054]]

  If, after March 10, 1978, the Congress fails to disapprove a proposed 
agreement for cooperation which exempts the recipient nation from the 
requirement set forth in subsection a.(2), such failure to act shall 
constitute a failure to adopt a resolution of disapproval pursuant to 
subsection 128b.(3) [42 U.S.C. 2157(b)(3)] for purposes of the 
Commission's consideration of applications and requests under section 
126a.(2) [42 U.S.C. 2155(a)(2)] and there shall be no congressional 
review pursuant to section 128 [42 U.S.C. 2157] of any subsequent 
license or authorization with respect to that until the first such 
license or authorization which is issued after twelve months from the 
elapse of the sixty-day period in which the agreement for cooperation in 
question is reviewed by the Congress.


                       export licensing procedures


                            [42 U.S.C. 2155]

  Sec. 126. export licensing procedures.--


  a. No license may be issued by the Nuclear Regulatory Commission (the 
``Commission'') for the export of any production or utilization 
facility, or any source material or special nuclear material, including 
distributions of any material by the Department of Energy under sections 
54, 64, or 82 [42 U.S.C. 2074, 2094, 2112], for which a license is 
required or requested, and no exemption from any requirement for such an 
export license may be granted by the Commission, as the case may be, 
until-- * * *


[[Page 1055]]

joint resolution to take any action with respect to any such 
extension, such joint resolution will be considered in the House or 
Senate, as the case may be, under procedures identical to those provided 
for the consideration of resolutions pursuant to section 130 of this Act 
[42 U.S.C. 2159]: * * *

  Provided, That continued cooperation under an agreement for 
cooperation as authorized in accordance with section 124 of this Act [42 
U.S.C. 2154] shall not be prevented by failure to meet the provisions of 
paragraph (4) or (5) of section 127 [42 U.S.C. 2156(4) or (5)] for a 
period of thirty days after March 10, 1978, and for a period of twenty-
three months thereafter if the Secretary of State notifies the 
Commission that the nation or group of nations bound by the relevant 
agreement has agreed to negotiations as called for in section 404(a) of 
the Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2153c(a)]; however, 
nothing in this subsection shall be deemed to relinquish any rights 
which the United States may have under agreements for cooperation in 
force on the date of enactment of this section: Provided further, That 
if, upon the expiration of such twenty-month period, the President 
determines that failure to continue cooperation with any group of 
nations which has been exempted pursuant to the above proviso from the 
provisions of paragraph (4) or (5) of section 127 of this Act [42 U.S.C. 
2156(4) or (5)], but which has not yet agreed to comply with those 
provisions would be seriously prejudicial to the achievement of United 
States non-proliferation objectives or otherwise jeopardize the common 
defense and security, he may, after notifying the Congress of his 
determination, extend by Executive order the duration of the above 
proviso for a period of twelve months, and may further extend the 
duration of such proviso by one year increments annually thereafter if 
he again makes such determination and so notifies the Congress. In the 
event that the Committee on International Relations of the House of 
Representatives or the Committee on Foreign Relations of the Senate 
reports a 


  b. * * * (2) * * * If, after receiving the proposed license 
application and reviewing the Commission's decision, the President 
determines that withholding the proposed export would be seriously 
prejudicial to the achievement of United States non-proliferation 
objectives, or would otherwise jeopdarize the common defense and 
security, the proposed export may be authorized by Executive order: 
Provided, That prior to any such export, the President shall submit the 
Executive order, together with his explanation of why, in light of the 
Commission's decision, the export should nonetheless be made, to the 
Congress for a period of sixty days of continuous session (as defined in 
subsection 130g. [42 U.S.C. 2159(g)]) and shall be referred to the 
Committee on International Relations of the House of Representatives and 
the Committee on Foreign Relations of the Senate, but any such proposed 
export shall not occur if during such sixty-day period the Congress 
adopts a concurrent resolution stating in substance that it does not 
favor the proposed export. Any such Executive order shall be considered 
pursuant to the procedures set forth in section 130 of this Act [42 
U.S.C. 2159] for the consideration of Presidential submissions: * * *


  c. In the event that the House of Representatives or the Senate passes 
a joint resolution which would adopt one or more additional export 
criteria, or would modify any existing criteria under this Act, any such 
joint resolution shall be referred in the other House to the Committee 
on Foreign Relations of the Senate or the Committee on International 
Relations of the House of Representatives, as the case may be, and shall 
be considered by the other House under applicable procedures provided 
for the consideration of resolutions pursuant to section 130 of this Act 
[42 U.S.C. 2159].


[[Page 1056]]

  Subsection b.(2) should be read in light of INS v. Chadha, 462 U.S. 
919 (1983).


               additional export criterion and procedures


                            [42 U.S.C. 2157]

  Sec. 128. additional export criterion and procedures.-- * * * b. * * * 
(1) * * * Provided, That no such export of any production or utilization 
facility or of any source or special nuclear material (intended for use 
as fuel in any production or utilization facility) which has been 
licensed or authorized pursuant to this subsection shall be made to any 
non-nuclear-weapon state which has failed to meet such criterion until 
the first such license or authorization with respect to such state is 
submitted to the Congress (together with a detailed assessment of the 
reasons underlying the President's determination, the judgment of the 
executive branch required under section 126 of this Act [42 U.S.C. 
2155], and any Commission opinion and views) for a period of sixty days 
of continuous session (as defined in subsection 130g. of this Act [42 
U.S.C. 2159(g)]) and referred to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate, but such export shall not occur if during such 
sixty-day period the Congress adopts a concurrent resolution stating in 
substance that the Congress does not favor the proposed export. Any such 
license or authorization shall be considered pursuant to the procedures 
set forth in section 130 of this Act [42 U.S.C. 2159] for the 
consideration of Presidential submissions.

  (2) If the Congress adopts a resolution of disapproval pursuant to 
paragraph (1), no further export of materials, facilities, or technology 
specified in subsection a. shall be permitted for the remainder of that 
Congress, unless such state meets the criterion or the President 
notifies the Congress that he has determined that significant progress 
has been made in achieving adherence to such criterion by such state or 
that United States foreign policy interests dictate reconsideration and 
the Congress, pursuant to the procedure of paragraph (1), does not adopt 
a concurrent resolution stating in substance that it disagrees with the 
President's determination.


[[Page 1057]]

state which is issued pursuant to this paragraph after twelve months 
from the elapse of the sixty-day period specified in paragraph (1), 
and the first such license or authorization which is issued after 
each twelve-month period thereafter, shall be submitted to the 
Congress for review pursuant to the procedures specified in 
paragraph (1): Provided further, That if the Congress adopts a 
resolution of disapproval during any review period provided for by 
this paragraph, the provisions of paragraph (2) shall apply with 
respect to further exports to such state.

  (3) If the Congress does not adopt a resolution of disapproval with 
respect to a license or authorization submitted pursuant to paragraph 
(1), the criterion set forth in subsection a. shall not be applied as an 
export criterion with respect to exports of materials, facilities and 
technology specified in subsection a. to that state: Provided, That the 
first license or authorization with respect to that 


  This provision should be read in light of INS v. Chadha, 462 U.S. 919 
(1983).


           conduct resulting in termination of nuclear exports


                            [42 U.S.C. 2158]

  Sec. 129. conduct resulting in termination of nuclear exports.--No 
nuclear materials and equipment or sensitive nuclear technology shall be 
exported to--

          (1) any non-nuclear-weapon state that is found by the 


        President to have, at any time after March 10, 1978,


unless the President determines that cessation of such exports would be 
seriously prejudicial to the achievement of United States non-
proliferation objectives or otherwise jeopardize the common defense and 
security: Provided, That prior to the effective date of any such 
determination, the President's determination, together with a report 
containing the reasons for his determination, shall be submitted to the 
Congress and referred to the Committee on International Relations of the 
House of Representatives and the Committee on Foreign Relations of the 
Senate for a period of sixty days of continuous session (as defined in 
subsection 130g. of this Act [42 U.S.C. 2159(g)]), but any such 
determination shall not become effective if during such sixty-day period 
the Congress adopts a concurrent resolution stating in substance that it 
does not favor the determination. Any such determination shall be 
considered pursuant to the procedures set forth in section 130 of this 
Act [42 U.S.C. 2159] for the consideration of Presidential submissions.

                                  * * *


[[Page 1058]]

  This provision should be read in light of INS v. Chadha, 462 U.S. 919 
(1983).


                     congressional review procedures


                            [42 U.S.C. 2159]

  Sec. 130. congressional review procedures.--

  a. Not later than forty-five days of continuous session of Congress 
after the date of transmittal to the Congress of any submission of the 
President required by subsection 126a.(2), 126b.(2), 127b., 129, 
131a.(3), or 131f.(1)(A) of this Act [42 U.S.C. 2155(a)(2), 2155(b)(2), 
2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A)], the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives, shall each submit a report to its 
respective House on its views and recommendations respecting such 
Presidential submission together with a resolution, as defined in 
subsection f., stating in substance that the Congress approves or 
disapproves such submission, as the case may be: Provided, That if any 
such committee has not reported such a resolution at the end of such 
forty-five day period, such committee shall be deemed to be discharged 
from further consideration of such submission. If no such resolution has 
been reported at the end of such period, the first resolution, as 
defined in subsection f., which is introduced within five days 
thereafter within such House shall be placed on the appropriate calendar 
of such House.

  b. When the relevant committee or committees have reported such a 
resolution (or have been discharged from further consideration of such a 
resolution pursuant to subsection a. of this section) or when a 
resolution has been introduced and placed on the appropriate calendar 
pursuant to subsection a. of this section, as the case may be, it is at 
any time thereafter in order (even though a previous motion to the same 
effect has been disagreed to) for any Member of the respective House to 
move to proceed to the consideration of the resolution. The motion is 
highly privileged and is not debatable. The motion shall not be subject 
to amendment, or to a motion to postpone, or to a motion to proceed to 
the consideration of other business. 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 resolution shall remain the unfinished business of the respective 
House until disposed of.


[[Page 1059]]

between individuals favoring and individuals opposing the resolution. 
A motion further to limit debate is in order and not debatable. An 
amendment to a motion to postpone, or a motion to recommit the 
resolution, or a motion to proceed to the consideration of other 
business is not in order. A motion to reconsider the vote by which 
the resolution is agreed to or disagreed to shall not be in order. No 
amendment to any concurrent resolution pursuant to the procedures of 
this section is in order except as provided in subsection d. of this 
section.
  c. Debate on the resolution, and on all debatable motions and appeals 
in connection therewith, shall be limited to not more than ten hours, 
which shall be divided equally 

  d. Immediately following (1) the conclusion of the debate on such 
concurrent resolution, (2) a single quorum call at the conclusion of 
debate if requested in accordance with the rules of the appropriate 
House, and (3) the consideration of an amendment introduced by the 
Majority Leader or his designee to insert the phrase, ``does not'' in 
lieu of the word ``does'' if the resolution under consideration is a 
concurrent resolution of approval, the vote on final approval of the 
resolution shall occur.

  e. Appeals from the decisions of the Chair relating to the application 
of the rules of the Senate or of the House of Representatives, as the 
case may be, to the procedure relating to such a resolution shall be 
decided without debate.

  f. For the purposes of subsections a. through e. of this section, the 
term ``resolution'' means a concurrent resolution of the Congress, the 
matter after the resolving clause of which is as follows: ``That the 
Congress (does or does not) favor the ------ transmitted to the Congress 
by the President on ------.'', the blank spaces therein to be 
appropriately filled, and the affirmative or negative phrase within the 
parenthetical to be appropriately selected.

  g. (1) Except as provided in paragraph (2), for the purposes of this 
section--

          (A) continuity of session is broken only by an adjournment of 

        Congress sine die; and

          (B) the days on which either House is not in session because 

        of an adjournment of more than three days to a day certain are 

        excluded in the computation of any period of time in which 

        Congress is in continuous session.

  (2) For purposes of this section insofar as it applies to section 123 
[42 U.S.C. 2153]--

          (A) continuity of session is broken only by an adjournment of 


[[Page 1060]]

        Congress sine die at the end of a Congress; and

          (B) the days on which either House is not in session because 

        of an adjournment of more than three days are excluded in the 

        computation of any period of time in which Congress is in 

        continuous session.

  h. This section is enacted by Congress--

          (1) as an exercise of the rulemaking power of the Senate and 

        the House of Representatives, respectively, and as such they are 

        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 resolutions described by subsection f. 

        of this section; and they supersede other rules only to the 

        extent that they are inconsistent therewith; 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.

  i. (1) For the purposes of this subsection, the term ``joint 
resolution'' means a joint resolution, the matter after the resolving 
clause of which is as follows: ``That the Congress (does or does not) 
favor the proposed agreement for cooperation transmitted to the Congress 
by the President on ------.'', with the date of the transmission of the 
proposed agreement for cooperation inserted in the blank, and the 
affirmative or negative phrase within the parenthetical appropriately 
selected.


[[Page 1061]]

  (2) On the day on which a proposed agreement for cooperation is 
submitted to the House of Representatives and the Senate under section 
123d. [42 U.S.C. 2153(d)], a joint resolution with respect to such 
agreement for cooperation shall be introduced (by request) in the House 
by the chairman of the Committee on International Relations, for himself 
and the ranking minority member of the Committee, or by Members of the 
House designated by the chairman and ranking minority member; and shall 
be introduced (by request) in the Senate by the majority leader of the 
Senate, for himself and the minority leader of the Senate, or by Members 
of the Senate designated by the majority leader and minority leader of 
the Senate. If either House is not in session on the day on which such 
an agreement for cooperation is submitted, the joint resolution shall be 
introduced in that House, as provided in the preceding sentence, on the 
first day thereafter on which that House is in session.

  (3) All joint resolutions introduced in the House of Representatives 
shall be referred to the appropriate committee or committees, and all 
joint resolutions introduced in the Senate shall be referred to the 
Committee on Foreign Relations and in addition, in the case of a 
proposed agreement for cooperation arranged pursuant to section 91c., 
144b., or 144c. [42 U.S.C. 2121(c), 2164(b), 2164(c)], the Committee on 
Armed Services.

  (4) If the committee of either House to which a joint resolution has 
been referred has not reported it at the end of 45 days after its 
introduction, the committee shall be discharged from further 
consideration of the joint resolution or of any other joint resolution 
introduced with respect to the same matter; except that, in the case of 
a joint resolution which has been referred to more than one committee, 
if before the end of that 45-day period one such committee has reported 
the joint resolution, any other committee to which the joint resolution 
was referred shall be discharged from further consideration of the joint 
resolution or of any other joint resolution introduced with respect to 
the same matter.

  (5) A joint resolution under this subsection shall be considered in 
the Senate in accordance with the provisions of section 601(b)(4) of the 
International Security Assistance and Arms Export Control Act of 1976. 
For the purpose of expediting the consideration and passage of joint 
resolutions reported or discharged pursuant to the provisions of this 
subsection, it shall be in order for the Committee on Rules of the House 
of Representatives to present for consideration a resolution of the 
House of Representatives providing procedures for the immediate 
consideration of a joint resolution under this subsection which may be 
similiar, if applicable, to the procedures set forth in section 
601(b)(4) of the International Security Assistance and Arms Exports 
Control Act of 1976.

  (6) In the case of a joint resolution described in paragraph (1), if 
prior to the passage by one House of a joint resolution of that House, 
that House receives a joint resolution with respect to the same matter 
from the other House, then--

          (A) the procedure in that House shall be the same as if no 

        joint resolution had been received from the other House; but

          (B) the vote on final passage shall be on the joint resolution 


[[Page 1062]]

        of the other House.


                         subsequent arrangements


                            [42 U.S.C. 2160]

  Sec. 131. subsequent arrangements.-- * * *

  f. (1) With regard to any subsequent arrangement under subsection a. 
(2)(E) (for the storage or disposition of irradiated fuel elements), 
where such arrangement involves a direct or indirect commitment of the 
United States for the storage or other disposition, interim or 
permanent, of any foreign spent nuclear fuel in the United States, the 
Secretary of Energy may not enter into any such subsequent arrangement, 
unless:

          (A)(i) Such commitment of the United States has been submitted 

        to the Congress for a period of sixty days of continuous session 

        (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)]) 

        and has been referred to the Committee on International 

        Relations of the House of Representatives and the Committee on 

        Foreign Relations of the Senate, but any such commitment shall 

        not become effective if during such sixty-day period the 

        Congress adopts a concurrent resolution stating in substance 

        that it does not favor the commitment, any such commitment to be 

        considered pursuant to the procedures set forth in section 130 

        of this Act [42 U.S.C. 2159] for the consideration of 

        Presidential submissions; or (ii) if the President has submitted 

        a detailed generic plan for such disposition or storage in the 

        United States to the Congress for a period of sixty days of 

        continuous session (as defined in subsection 130g. of this Act 

        [42 U.S.C. 2159(g)]), which plan has been referred to the 

        Committee on International Relations of the House of 

        Representatives and the Committee on Foreign Relations of the 

        Senate and has not been disapproved during such sixty-day period 

        by the adoption of a concurrent resolution stating in substance 

        that Congress does not favor the plan; and the commitment is 

        subject to the terms of an effective plan. Any such plan shall 

        be considered pursuant to the procedures set forth in section 

        130 of this Act [42 U.S.C. 2159] for the consideration of 


        Presidential submissions;


[[Page 1063]]

                                  * * *


[Several sections of the Trade Act of 1974 and the Omnibus Trade and 
Competitiveness Act of 1988 provide for Congressional disapproval of 
certain executive actions. The provisions included under Sec. 1013(11A) 
through (11D) are derived from the Trade Act of 1974.]

              11. Trade Act of 1974 [19 U.S.C. 2101 et seq]


                       a. import relief, Sec. 203


                            [19 U.S.C. 2253]

  Sec. 203. action by president after determination of import injury.-- 
* * *

  (b) reports to congress.--(1) On the day the President takes action 
under subsection (a)(1), the President shall transmit to Congress a 
document describing the action and the reasons for taking the action. If 
the action taken by the President differs from the action required to be 
recommended by the Commission under section 202(e)(1), the President 
shall state in detail the reasons for the difference.

  (2) On the day on which the President decides that there is no 
appropriate and feasible action to take under subsection (a)(1) with 
respect to a domestic industry, the President shall transmit to Congress 
a document that sets forth in detail the reasons for the decision.

  (3) On the day on which the President takes any action under 
subsection (a)(1) that is not reported under paragraph (1), the 
President shall transmit to Congress a document setting forth the action 
being taken and the reasons therefor.

  (c) implementation of action recommended by commission.--If the 
President reports under subsection (b)(1) or (2) that--

          (1) the action taken under subsection (a)(1) differs from the 

        action recommended by the Commission under section 202(e)(1); or

          (2) no action will be taken under subsection (a)(1) with 


[[Page 1064]]

        respect to the domestic industry;
the action recommended by the Commission shall take effect (as provided 
in subsection (d)(2)) upon the enactment of a joint resolution described 
in section 152(a)(1)(A) within the 90-day period beginning on the date 
on which the document referred to in subsection (b)(1) or (2) is 
transmitted to the Congress.


                   b. freedom of emigration, Sec. 402


                            [19 U.S.C. 2432]

  Sec. 402. freedom of emigration in east-west trade.-- * * *

  (c)(1) During the 18-month period beginning on the date of the 
enactment of this Act, the President is authorized to waive by Executive 
order the application of subsections (a) and (b) with respect to any 
country, if he reports to the Congress that--

          (A) he has determined that such waiver will substantially 

        promote the objectives of this section; and

          (B) he has received assurances that the emigration practices 

        of that country will henceforth lead substantially to the 

        achievement of the objectives of this section.

  (2) During any period subsequent to the 18-month period referred to in 
paragraph (1), the President is authorized to waive by Executive order 
the application of subsections (a) and (b) with respect to any country, 
if the waiver authority granted by this subsection continues to apply to 
such country pursuant to subsection (d), and if he reports to the 
Congress that--

          (A) he has determined that such waiver will substantially 

        promote the objectives of this section; and

          (B) he has received assurances that the emigration practices 

        of that country will henceforth lead substantially to the 

        achievement of the objectives of this section.

  (3) A waiver with respect to any country shall terminate on the day 
after the waiver authority granted by this subsection ceases to be 
effective with respect to such country pursuant to subsection (d). The 
President may, at any time, terminate by Executive order any waiver 
granted under this subsection.

  (d)(1) If the President determines that the further extension of the 
waiver authority granted under subsection (c) will substantially promote 
the objectives of this section, he may recommend further extensions of 
such authority for successive 12-month periods. Any such recommendations 
shall--

          (A) be made not later than 30 days before the expiration of 

        such authority;

          (B) be made in a document transmitted to the House of 


[[Page 1065]]

        Representatives and the Senate setting forth 

        his reasons for recommending the extension of such authority; and

          (C) include, for each country with respect to which a waiver 

        granted under subsection (c) is in effect, a determination that 

        continuation of the waiver applicable to that country will 

        substantially promote the objectives of this section, and a 

        statement setting forth his reasons for such determination.
If the President recommends the further extension of such authority, 
such authority shall continue in effect until the end of the 12-month 
period following the end of the previous 12-month extension with respect 
to any country (except for any country with respect to which such 
authority has not been extended under this subsection), unless a joint 
resolution described in section 153(a) is enacted into law pursuant to 
the provisions of paragraph (2).

  (2)(A) The requirements of this paragraph are met if the joint 
resolution is enacted under the procedures set forth in section 153, 
and--

          (i) the Congress adopts and transmits the joint resolution to 

        the President before the end of the 60-day period beginning on 

        the date the waiver authority would expire but for an extension 

        under paragraph (1), and

          (ii) if the President vetoes the joint resolution, each House 

        of Congress votes to override such veto on or before the later 

        of the last day of the 60-day period referred to in clause (i) 

        or the last day of the 15-day period (excluding any day 

        described in section 154(b)) beginning on the date the Congress 

        receives the veto message from the President.

  (B) If a joint resolution is enacted into law under the provisions of 
this paragraph, the waiver authority applicable to any country with 
respect to which the joint resolution disapproves of the extension of 
such authority shall cease to be effective as of the day after the 60-
day period beginning on the date of the enactment of the joint 
resolution.

  (C) A joint resolution to which this subsection and section 153 apply 
may be introduced at any time on or after the date the President 
transmits to the Congress the document described in paragraph (1)(B).


[[Page 1066]]

  (e) This section shall not apply to any country the products of which 
are eligible for the rates set forth in rate column numbered 1 of the 
Tariff Schedules of the United States on the date of the enactment of 
this Act.


                c. nondiscriminatory treatment, Sec. 407


                            [19 U.S.C. 2437]

  Sec. 407. procedure for congressional approval or disapproval of 
extension of nondiscriminatory treatment and presidential reports.--(a) 
Whenever the President issues a proclamation under section 404 extending 
nondiscriminatory treatment to the products of any foreign country, he 
shall promptly transmit to the House of Representatives and to the 
Senate a document setting forth the proclamation and the agreement the 
proclamation proposes to implement, together with his reasons therefor.

  (b) The President shall transmit to the House of Representatives and 
the Senate a document containing the initial report submitted by him 
under section 402(b) or 409(b) with respect to a nonmarket economy 
country. On or before December 31 of each year, the President shall 
transmit to the House of Representatives and the Senate, a document 
containing the report required by section 402(b) or 409(b) as the case 
may be, to be submitted on or before such December 31.

  (c)(1) In the case of a document referred to in subsection (a), the 
proclamation set forth in the document may become effective and the 
agreement set forth in the document may enter into force and effect only 
if a joint resolution described in section 151(b)(3) that approves of 
the extension of nondiscriminatory treatment to the products of the 
country concerned is enacted into law.


[[Page 1067]]

participate in any program of the Government of the United States which 
extends credit or credit guarantees or investment guarantees, and (C) no 
commercial agreement may thereafter be concluded with such country under 
this title. If the President vetoes the joint resolution, the joint 
resolution shall be treated as enacted into law before the end of the 
90-day period under this paragraph if both Houses of Congress vote to 
override such veto on or before the later of the last day of such 90-day 
period or the last day of the 15-day period (excluding any day described 
in section 154(b)) beginning on the date the Congress receives the veto 
message from the President.

  (2) In the case of a document referred to in subsection (b) which 
contains a report submitted by the President under section 402(b) or 
409(b) with respect to a nonmarket economy country, if, before the close 
of the 90-day period beginning on the day on which such document is 
delivered to the House of Representatives and to the Senate, a joint 
resolution described in section 152(a)(i)(B) is enacted into law that 
disapproves of the report submitted by the President with respect to 
such country, then, beginning with the day after the end of the 60-day 
period beginning with the date of the enactment of such resolution of 
disapproval, (A) nondiscriminatory treatment shall not be in force with 
respect to the products of such country, and the products of such 
country shall be dutiable at the rates set forth in rate column numbered 
2 of the Harmonized Tariff Schedule of the United States, (B) such 
country may not 


   d. ``fast-track'' procedures, Sec. Sec. 151-154 [19 u.s.c. 2191-94]


                      implementing bills, Sec. 151


                            [19 U.S.C. 2191]

  Sec. 151. bills implementing trade agreements on nontariff barriers 
and resolutions approving commercial agreements with communist 
countries.--(a) rules of house of representatives and senate.--This 
section and sections 152 and 153 are enacted by the Congress--

          (1) as an exercise of the rulemaking power of the House of 

        Representatives and the Senate, respectively, and as such they 

        are 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 implementing bills described in 

        subsection (b)(1), implementing revenues bills described in 

        subsection (b)(2), approval resolutions described in subsection 

        (b)(3), and resolutions described in subsections 152(a) and 

        153(a); and they supersede other rules only to the extent that 

        they are inconsistent therewith; 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.

  (b) definitions.--For purposes of this section--

          (1) The term ``implementing bill'' means only a bill of either 

        House of Congress which is introduced as provided in subsection 

        (c) with respect to one or more trade agreements, or with 


[[Page 1068]]

        respect to an extension de-

        scribed in section 282(c)(3) of the Uruguay Round Agreements Act, 

        submitted to the House of Representatives and the Senate under 

        section 102 of this Act, section 1103(a)(1) of the Omnibus Trade 

        and Competitiveness Act of 1988, or section 282 of the Uruguay 

        Round Agreements Act, and which contains--

                  (A) a provision approving such trade agreement or 

                agreements or such extension,

                  (B) a provision approving the statement of 

                administrative action (if any) proposed to implement 

                such trade agreement or agreements, and

                  (C) if changes in existing laws or new statutory 

                authority is required to implement such trade agreement 

                or agreements or such extension, provisions, necessary 

                or appropriate to implement such trade agreement or 

                agreements, either repealing or amending existing laws 

                or providing new statutory authority.

          (2) The term ``implementing revenue bill'' or resolution means 

        an implementing bill or approval resolution which contains one 

        or more revenue measures by reason of which it must originate in 

        the House of Representatives.

          (3) The term ``approval resolution'' means only a joint 

        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 nondiscriminatory treatment with 

        respect to the products of ------ transmitted by the President 

        to the Congress on ------.'', the first blank space being filled 

        with the name of the country involved and the second blank space 

        being filled with the appropriate date.


[[Page 1069]]

ther House is not in session on the day on which such a trade agreement 
is submitted, the implementing bill shall be introduced in that House as 
provided in the preceding sentence, on the first day thereafter on which 
the House is in session. Such bills shall be referred by the Presiding 
Officers of the respective Houses to the appropriate committee, or, in 
the case of a bill containing provisions within the jurisdiction of two 
or more committees, jointly to such committees for consideration of those 
provisions within their respective jurisdictions.
  (c) introduction and referral.--(1) On the day on which a trade 
agreement or extension is submitted to the House of Representatives and 
the Senate under section 102 or section 282 of the Uruguay Round 
Agreements Act, the implementing bill submitted by the President with 
respect to such trade agreement or extension shall be introduced (by 
request) in the House by the majority leader of the House, for himself 
and the minority leader of the House, or by Members of the House 
designated by the majority leader and minority leader of the House; and 
shall be introduced (by request) in the Senate by the majority leader of 
the Senate, for himself the minority leader of the Senate, or by Members 
of the Senate designated by the majority leader and minority leader of 
the Senate. If ei-

  (2) On the day on which a bilateral commerical agreement, entered into 
under title IV of this Act after the date of the enactment of this Act, 
is transmitted to the House of Representatives and the Senate, an 
approval resolution with respect to such agreement shall be introduced 
(by request) in the House by the majority leader of the House, for 
himself and the minority leader of the House, or by Members of the House 
designated by the majority leader and minority leader of the House; and 
shall be introduced (by request) in the Senate by the majority leader of 
the Senate, for himself and the minority leader of the Senate, or by 
Members of the Senate designated by the majority leader and minority 
leader of the Senate. If either House is not in session on the day on 
which such an agreement is transmitted, the approval resolution with 
respect to such agreement shall be introduced in that House, as provided 
in the preceding sentence, on the first day thereafter on which that 
House is in session. The approval resolution introduced in the House 
shall be referred to the Committee on Ways and Means and the approval 
resolution introduced in the Senate shall be referred to the Committee 
on Finance.

  (d) amendments prohibited.--No amendment to an implementing bill or 
approval resolution shall be in order in either the House of 
Representatives or the Senate; and no motion to suspend the application 
of this subsection shall be in order in either House, nor shall it be in 
order in either House for the Presiding Officer to entertain a request 
to suspend the application of this subsection by unanimous consent.


[[Page 1070]]

charged from further consideration of the bill or resolution and it 
shall be placed on the appropriate calendar. A vote on final passage of 
the bill or resolution shall be taken in each House on or before the 
close of the 15th day after the bill or resolution is reported by the 
committee or committees of that House to which it was referred, or after 
such committee or committees have been discharged from further 
consideration of the bill or resolution. If prior to the passage by one 
House of an implementing bill or approval resolution of that House, that 
House receives the same implementing bill or approval resolution from 
the other House, then--
  (e) period for committee and floor consideration.--(1) Except as 
provided in paragraph (2), if the committee or committees of either 
House to which an implementing bill or approval resolution has been 
referred have not reported it at the close of the 45th day after its 
introduction, such committee or committees shall be automatically dis-

          (A) the procedure in that House shall be the same as if no 

        implementing bill or approval resolution had been received from 

        the other House; but

          (B) the vote on final passage shall be on the implementing 

        bill or approval resolution of the other House.

  (2) The provisions of paragraph (1) shall not apply in the Senate to 
an implementing revenue bill or resolution. An implementing revenue bill 
or resolution received from the House shall be referred to the 
appropriate committee or committees of the Senate. If such committee or 
committees have not reported such bill at the close of the 15th day 
after its receipt by the Senate (or, if later, before the close of the 
45th day after the corresponding implementing revenue bill or resolution 
was introduced in the Senate), such committee or committees shall be 
automatically discharged from further consideration of such bill or 
resolution and it shall be placed on the calendar. A vote on final 
passage of such bill or resolution shall be taken in the Senate on or 
before the close of the 15th day after such bill or resolution is 
reported by the committee or committees of the Senate to which it was 
referred, or after such committee or committees have been discharged 
from further consideration of such bill or resolution.

  (3) For purposes of paragraphs (1) and (2), in computing a number of 
days in either House, there shall be excluded any day on which that 
House was not in session.


[[Page 1071]]

  (f) floor consideration in the house.--(1) A motion in the House of 
Representatives to proceed to the consideration of an implementing bill 
or approval 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 
disagreed to.

  (2) Debate in the House of Representatives on an implementing bill or 
approval resolution shall be limited to not more than 20 hours, which 
shall be divided equally between those favoring and those opposing the 
bill or resolution. A motion further to limit debate shall not be 
debatable. It shall not be in order to move to recommit an implementing 
bill or approval resolution or to move to reconsider the vote by which 
an implementing bill or approval resolution is agreed to or disagreed 
to.

  (3) Motions to postpone, made in the House of Representatives with 
respect to the consideration of an implementing bill or approval 
resolution, and motions to proceed to the consideration of other 
business, shall be decided 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 relating to an implementing bill or approval resolution shall 
be decided without debate.

  (5) Except to the extent specifically provided in the preceding 
provisions of this subsection, consideration of an implementing bill or 
approval resolution shall be governed by the Rules of the House of 
Representatives applicable to other bills and resolutions in similar 
circumstances.

  (g) floor consideration in the senate.--(1) A motion in the Senate to 
proceed to the consideration of an implementing bill or approval 
resolution shall be 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.

  (2) Debate in the Senate on an implementing, and all debatable motions 
and appeals in connection therewith, shall be limited to not more than 
20 hours. The time shall be equally divided between, and controlled by, 
the majority leader and the minority leader or their designees.


[[Page 1072]]

  (3) Debate in the Senate on any debatable motion or appeal in 
connection with an implementing bill or approval 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 bill or resolution, 
except that in the event the manager of the bill or 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 an implementing bill or approval resolution, allot additional 
time to any Senator during the consideration of any debatable motion or 
appeal.


  (4) A motion in the Senate to further limit debate is not debatable. A 
motion to recommit an implementing bill or approval resolution is not in 
order.


  Pursuant to section 151(f)(2) of this Act debate on an implementing 
revenue bill must be equally divided and controlled among those favoring 
and opposing the bill (absent unanimous consent agreement for some other 
distribution of the time); a motion to limit debate on such legislation 
must be made in the House, and not in the Committee of the Whole, and 
may be made either pending the motion to resolve into Committee of the 
Whole or at a later time, after the Committee has risen without 
completing action on the bill (July 10, 1979, pp. 17812-13). An 
implementing bill reported from committee has been considered as 
privileged under the Act (Nov. 14, 1980, p. 29617). The House has 
adopted a special order recommended by the Committee on Rules providing 
for consideration of both a resolution to deny the extension of ``fast 
track'' procedures requested by the President under section 1103(b) of 
the Omnibus Trade and Competitiveness Act of 1988 and a resolution to 
express the sense of the House concerning U.S. negotiating objectives 
after such an extension (May 23, 1991, p.12137). The Senate has affirmed 
its constitutional authority to enact a statutory rule (as in subsection 
(d) of section 151) prohibiting amendments to specified revenue bills in 
derogation of its constitutional authority to propose amendments to 
House revenue bills (presiding officer sustained on appeal) (Nov. 19, 
1993, p. ----).


                  resolutions of disapproval, Sec. 152


                            [19 U.S.C. 2192]

  Sec. 152. resolutions disapproving certain actions.--(a) contents of 
resolution.--(1) For purposes of this section, the term ``resolution'' 
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 Congress 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 ------.'', 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 Congress does not approve ------ transmitted to the Congress 

        on ------.'', with the first blank space being filled in 

        accordance with paragraph (2), and the second blank space being 


[[Page 1073]]

        filled with the appropriate date.

  (2) The first blank space referred to in paragraph (1)(B) shall be 
filled as follows: in the case of a resolution referred to in section 
407(c)(2), with the phrase ``the report of the President submitted under 
section ------ of the Trade Act of 1974 with respect to ------'' (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 Committee 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 154(b), 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 
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 intention to do so; and

          (B) is not in order after the Committee has reported a 

        resolution with respect to the same matter.


[[Page 1074]]

  (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 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.

  (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 disagreed 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 resolution. A motion 
further to limit debate shall not be debatable. No amendment to, or 
motion to recommit, 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 consideration of a resolution, and motions to proceed to 
the consideration of other business, shall be decided 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 relating to a resolution shall be decided without debate.

  (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 reconsider 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 controlled by, the majority 
leader and the minority leader or their designees.

  (3) Debate in the Senate on any debatable motion 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 appeal.


[[Page 1075]]

No amendment to, or motion to recommit, a resolution is in order in 
the Senate.
  (4) A motion in the Senate to further limit debate on a resolution, 
debatable motion, or appeal is not debatable. 

  (f) procedures in the senate.--(1) Except as otherwise provided in 
this section, the following procedures shall apply in the Senate to a 
resolution to which this section applies:

          (A)(i) Except as provided in clause (ii), a resolution that 

        has passed the House of Representatives shall, when received in 

        the Senate, be referred to the Committee on Finance for 

        consideration in accordance with this section.

          (ii) If a resolution to which this section applies was 

        introduced in the Senate before receipt 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 Senate 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 

        resolution had been received from the House of Representatives, 

        except that the vote on passage 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 resolution 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 section 152 or 
153(a), whichever is applicable concerning any matter are not 
identical--

          (A) the Senate shall vote passage on the resolution introduced 

        in the Senate, and

          (B) the text of the joint resolution passed by the Senate 

        shall, immediately upon its passage (or, if later, upon receipt 

        of the joint resolution passed by the House), be substituted for 

        the text of the joint resolution passed by the House of 

        Representatives, and such resolution, as amended, shall be 


[[Page 1076]]

        returned with a request for a conference between the two Houses.


  (3) Consideration in the Senate of any veto message with respect to a 
joint resolution described in subsection (a)(2)(B) or section 153(a), 
including 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.


  Although a motion that the House resolve itself into the Committee of 
the Whole is not ordinarily subject to the motion to postpone 
indefinitely (VI, 726), the motion to postpone indefinitely may be 
offered pursuant to the provisions of this statute, is non-debatable, 
and represents final adverse disposition of the disapproval resolution 
(Mar. 10, 1977, p. 7021).


           resolutions to extend section 402 waivers, Sec. 153


                            [19 U.S.C. 2193]

  Sec. 153. resolutions relating to extension of waiver authority under 
section 402.--(a) contents of resolutions.--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 152; exceptions.--(1) Except as 
provided in this section, the provisions of section 152 shall apply to 
resolutions described in subsection (a).

  (2) In applying section 152(c)(1), all calendar days shall be counted.


[[Page 1077]]

amendment. A motion in the House to further limit debate on an amendment 
to a resolution is not debatable.
  (3) That part of section 152(d)(2) 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 

  (4) That part of section 152(e)(4) 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 152(e)(2) 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 the 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 402(d) (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.


[[Page 1078]]

leader or his designee. No amendment to any amendment in disagreement 
shall be received unless it is a germane amendment.

  (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 


           special rules for congressional procedure, Sec. 154


                            [19 U.S.C. 2194]

  Sec. 154. special rules relating to congressional procedures.--(a) 
Whenever, pursuant to section 102(e), 203(b), 402(d), or 407 (a) or (b), 
a document is required to be transmitted to the Congress, copies of such 
document shall be delivered to both Houses of Congress on the same day 
and shall be delivered to the Clerk of the House of Representatives if 
the House is not in session and to the Secretary of the Senate if the 
Senate is not in session.

  (b) For purposes of sections 203(c), and 407(c)(2), the 90-day period 
referred to in such sections shall be computed by excluding--

          (1) the days on which either House is not in session because 

        of an adjournment of more than 3 days to a day certain or an 

        adjournment of the Congress sine die, and

          (2) any Saturday and Sunday, not excluded under paragraph (1), 


d. Narcotics Control Provisions--Trade Act of 1974, Sec. Sec. 801-05 [19 
        when either House is not in session.


 tariff treatment of products of uncooperative major drug producing or 
                             U.S.C. 2491-95]


                    drug-transit countries, Sec. 802


                            [19 U.S.C. 2492]

  Sec. 802. (a) required action by president.--Subject to subsection 
(b), for every major drug producing country and every major drug-transit 
country, the President shall, on or after March 1, 1987, and March 1 of 
each succeeding year, to the extent considered necessary by the 
President to achieve the purposes of this title--

          (1) deny to any or all of the products of that country tariff 

        treatment under the Generalized System of Preferences, the 

        Caribbean Basin Economic Recovery Act, or any other law 


[[Page 1079]]

        providing preferential tariff treatment;

          (2) apply to any or all of the dutiable products of that 

        country an additional duty at a rate not to exceed 50 percent ad 

        valorem or the specific rate equivalent;

          (3) apply to one or more duty-free products of that country a 

        duty at a rate not to exceed 50 percent ad valorem;

          (4) take the steps described in subsection (d)(1) or (d)(2), 

        or both, to curtail air transportation between the United States 

        and that country;

          (5) withdraw the personnel and resources of the United States 

        from participation in any arrangement with that country for the 

        pre-clearance of customs by visitors between the United States 

        and that country; or

          (6) take any combination of the actions described in 

        paragraphs (1) through (5).


  (b)(1)(A) Subject to paragraph (3), subsection (a) shall not apply 
with respect to a country if the President determines and certifies to 
the Congress, at the time of the submission of the report required by 
section 481(e) of the Foreign Assistance Act of 1961, that-- * * *


                                  * * *

  (3) Subsection (a) shall apply to a country without regard to 
paragraph (1) of this subsection if the Congress enacts, with 45 days of 
continuous session after receipt of a certification under paragraph (1), 
a joint resolution disapproving the determination of the President 
contained in that certification.

  (4) If the President takes action under subsection (a), that action 
shall remain in effect until--

          (A) the President makes the certification under paragraph (a), 

        a period of 45 days of continuous session of Congress elapses, 

        and during that period the Congress does not enact a joint 

        resolution of disapproval; or

          (B) the President submits at any other time a certification of 

        the matters described in paragraph (1) with respect to that 

        country, a period of 45 days of continuous session of Congress 

        elapses, and during that period the Congress does not enact a 

        joint resolution of disapproving determination contained in that 

        certification.


[[Page 1080]]

  (5) For the purpose of expediting the consideration and enactment of 
joint resolutions under paragraphs (3) and (4)--

          (A) a motion to proceed to the consideration of any such joint 

        resolution after it has been reported by the Committee on Ways 

        and Means shall be treated as highly privileged in the House of 

        Representatives; and

          (B) a motion to proceed to the consideration of any such joint 

        resolution after it has been reported by the Committee on 


        Finance shall be treated as privileged in the Senate.


                                  * * *


                          definitions, Sec. 805


                            [19 U.S.C. 2495]

  Sec. 805. For purposes of this title--

          (1) continuity of a session of Congress is broken only by an 

        adjournment of the Congress sine die, and the days on which 

        either House is not in session because of an adjournment of more 

        than three days to a day certain are excluded in the computation 


        of the period indicated; * * *


                                  * * *


     12. Arms Control and Disarmament Act, Sec. 47 [22 U.S.C. 2587]


[[Page 1081]]

Act of 1949 [succeeded by 5 U.S.C. 908-912] shall apply to any such 
resolution.

  Sec. 47. transfer of activities and facilities to agency.-- * * * (b) 
The President, by Executive order, may transfer to the Director any 
activities or facilities of any Government agency which relate primarily 
to arms control and disarmament. In connection with any such transfer, 
the President may under this section or other applicable authority, 
provide for appropriate transfers of records, property, civilian 
personnel, and funds. No transfer shall be made under this subsection 
until (1) a full and complete report concerning the nature and effect of 
such proposed transfer has been transmitted by the President to the 
Congress, and (2) the first period of sixty calendar days of regular 
session of the Congress following the date of receipt of such report by 
the Congress has expired without adoption by either House of the 
Congress of a resolution stating that such House does not favor such 
transfer. The procedures prescribed in title II of the Reorganization 


  The cited provisions of title 5 now require a joint resolution of 
approval (see Sec. 1013(1), supra). Thus, this section should be read in 
light of INS v. Chadha, 462 U.S. 919 (1983).


    13. Federal Salary Act of 1967, Sec. 225(h)-(j) [2 U.S.C. 358-60]


  Sec. 225. citizens' commission on public service and compensation.-- * 
* *


  (h) recommendations of the president with respect to pay [2 u.s.c. 
358].-- * * * (2) The President shall transmit his recommendations under 
this subsection to Congress on the first Monday after January 3 of the 
first calendar year beginning after the date on which the Commission 
submits its report and recommendations to the President under subsection 
(g) [2 U.S.C. 357].

  (i) effective date of recommendations of the president [2 u.s.c. 
359].--(1) None of the President's recommendations under subsection (h) 
[2 U.S.C. 358] shall take effect unless approved under paragraph (2).

  (2)(A) The recommendations of the President under subsection (h) [2 
U.S.C. 358] shall be considered approved under this paragraph if there 
is enacted into law a bill or joint resolution approving such 
recommendations in their entirety. This bill or joint resolution shall 
be passed by recorded vote to reflect the vote of each Member of 
Congress thereon.

  (B)(i) The provisions of this subparagraph are enacted by the 
Congress--

          (I) as an exercise of the rulemaking power of the Senate and 

        the House of Representatives and as such shall be considered as 

        part of the rules of each House, and shall supersede other rules 

        only to the extent that they are inconsistent therewith; and

          (II) with full recognition of the constitutional right of 

        either House to change the rules (so far as they relate to the 

        procedures 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.


[[Page 1082]]

of Congress to consider a bill or joint resolution, if offered by the 
majority leader of such House (or a designee), approving such 
recommendations in their entirety.
  (ii) During the 60-calendar-day period beginning on the date that the 
President transmits his recommendations to the Congress under subsection 
(h) [2 U.S.C. 358], it shall be in order as a matter of highest 
privilege in each House 

  (3) Except as provided in paragraph (4), any recommended pay 
adjustment approved under paragraph (2) shall take effect as of the date 
proposed by the President under subsection (h) [2 U.S.C. 358] with 
respect to such adjustment.

  (4)(A) Notwithstanding the approval of the President's pay 
recommendations in accordance with paragraph (2), none of those 
recommendations shall take effect unless, between the date on which the 
bill or resolution approving those recommendations is signed by the 
President (or otherwise becomes law) and the earliest date as of which 
the President proposes (under subsection (h) [2 U.S.C. 358]) that any of 
those recommendations take effect, an election of Representatives shall 
have intervened.


  (B) For purposes of this paragraph, the term ``election of 
Representatives'' means an election held on the Tuesday following the 
first Monday of November in any even-numbered calendar year.

  (j) effect of recommendations on existing law and prior 
recommendations [2 u.s.c. 360].--The recommendations of the President 
taking effect as provided in section 225(i) [2 U.S.C. 359] shall be held 
and considered to modify, supersede, or render inapplicable, as the case 
may be, to the extent inconsistent therewith--

          (A) all provisions of law enacted prior to the effective date 

        or dates of all or part (as the case may be) of such 

        recommendations (other than any provision of law enacted with 

        respect to such recommendations in the period beginning on the 

        date the President transmits his recommendations to the Congress 

        under subsection (h) [2 U.S.C. 358] and ending on the date of 

        their approval under subsection (i)(2) [2 U.S.C. 359(2)]), and

          (B) any prior recommendations of the President which take 


        effect under this chapter.


  Under section 311(d) of the Legislative Branch Appropriations Act, 
1988 [2 U.S.C. 60a-2a], the Speaker may adjust pay levels for officers 
and employees of the House to maintain certain relationships with 
comparable levels in the Senate and in the other branches of government. 
This authority to issue ``pay orders'' is stated as follows:


[[Page 1083]]

President pro tempore of the Senate exercises any authority 
pursuant to any of the amendments made by this section with respect to 
rates of pay or any other matter relating to personnel whose pay is 
disbursed by the Secretary of the Senate, or whenever any of the events 
described in paragraph (2) occurs, the Speaker of the House of 
Representatives may adjust the rates of pay (and any minimum or maximum 
rate, limitation, or allowance) applicable to personnel whose pay is 
disbursed by the Clerk of the House of Representatives to the extent 
necessary to ensure--
  ``Sec. 311. * * * (d)(1) Notwithstanding any other provision of this 
Act, or any other provision of law, rule, or regulation, hereafter each 
time the 

          ``(A) appropriate pay levels and relationships between and 

        among positions held by personnel of the House of 

        Representatives; and

          ``(B) appropriate pay relationships between--

                  ``(i) positions referred to in subparagraph (A); and

                  ``(ii)(I) positions under subparagraphs (A) through 

                (D) of section 225(f) of the Federal Salary Act of 1967 

                [2 U.S.C. 356];

                  ``(II) positions held by personnel whose pay is 

                disbursed by the Secretary of the Senate; and

                  ``(III) positions to which the General Schedule 

                applies.

  ``(2) The other events permitting an exercise of authority under this 
subsection are either--

          ``(A) an adjustment under section 5303 of title 5, United 

        States Code, in rates of pay under the General Schedule; or

          ``(B) an adjustment in rates of pay for Members of the House 

        of Representatives (other than an adjustment which occurs by 

        virtue of an adjustment described in subparagraph (A)).


  ``(3) For the purpose of this subsection, the term `Member of the 
House of Representatives' means a Member of the House of 
Representatives, a Delegate to the House of Representatives, and the 
Resident Commissioner from Puerto Rico.''


         14. Energy Policy and Conservation Act [42 U.S.C. 6421]


procedure for congressional review of presidential requests to implement 
                      Part C--Congressional Review


                           certain authorities

  Sec. 551. (a) For purposes of this section, the term ``energy action'' 
means any matter required to be transmitted, or submitted to the 
Congress in accordance with the procedures of this section.


[[Page 1084]]

such energy action shall be deemed to have transmitted on the first 
succeeding day on which both Houses are in session.
  (b) The President shall transmit any energy action (bearing an 
identification number) to both Houses of Congress on the same day. If 
both Houses are not in session on the day any energy action is received 
by the appropriate officers of each House, for purposes of this section 

  (c)(1) Except as provided in paragraph (2) of this subsection, if 
energy action is transmitted to the Houses of Congress, such action 
shall take effect at the end of the first period of 15 calendar days of 
continuous session of Congress after the date on which such action is 
transmitted to such Houses, unless between the date of transmittal and 
the end of such 15-day period, either House passes a resolution stating 
in substance that such House does not favor such action.

  (2) An energy action described in paragraph (1) may take effect prior 
to the expiration of the 15-calendar-day period after the date on which 
such action is transmitted, if each House of Congress approves a 
resolution affirmatively stating in substance that such House does not 
object to such action.

  (d) For the purpose of subsection (c) of this section--

          (1) continuity of session is broken only by an adjournment of 

        Congress sine die; and

          (2) the days on which either House is not in session because 

        of an adjournment of more than 3 days to a day certain are 

        excluded in the computation of the 15-calendar-day period.

  (e) Under provisions contained in an energy action, a provision of 
such an action may take effect on a date later than the date on which 
such action otherwise takes effect pursuant to the provisions of this 
section.

  (f)(1) This subsection is enacted by Congress--

          (A) as an exercise of the rulemaking power of the Senate and 

        the 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 resolutions described by paragraph (2) 

        of this subsection; and it supersedes other rules only to the 

        extent that is inconsistent therewith; and

          (B) 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 the House.


[[Page 1085]]

  (2) For purposes of this subsection, the term ``resolution'' means 
only a resolution of either House of Congress described in subparagraph 
(A) or (B) of this paragraph.

          (A) A resolution the matter after the resolving clause of 

        which is as follows: ``That the ------ does not object to the 

        energy action numbered ------ submitted to the Congress on ----

        --, 19--.'', the first blank space therein being filled with the 

        name of the resolving House and the other blank spaces being 

        appropriately filled; but does not include a resolution which 

        specifies more than one energy action.

          (B) A resolution the matter after the resolving clause of 

        which is as follows: ``That the ------ does not favor the energy 

        action numbered ------ transmitted to Congress on ------, 

        19--.'', the first blank space therein being filled with the 

        name of the resolving House and other blank spaces therein being 

        appropriately filled; but does not include a resolution which 

        specifies more than one energy action.

  (3) A resolution once introduced with respect to an energy action 
shall immediately be referred to a committee (and all resolutions with 
respect to the same plan shall be referred to the same committee) by the 
President of the Senate or the Speaker of the House of Representatives, 
as the case may be.

  (4)(A) If the committee to which a resolution with respect to an 
energy action has been referred has not reported it at the end of 5 
calendar days after its referral, it shall be in order to move either to 
discharge the committee from further consideration of such resolution or 
to discharge the committee from further consideration of any other 
resolution with respect to such energy action which has been referred to 
the committee.

  (B) A motion to discharge may be made only by an individual favoring 
the resolution, shall be highly privileged (except that it may not be 
made after the committee has reported a resolution with respect to the 
same energy action), and debate thereon shall be limited to not more 
than one hour, to be divided equally between those favoring and those 
opposing the resolution. An amendment to the motion shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which the motion was agreed to or disagreed to.


[[Page 1086]]

  (C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect to 
the same energy action.

  (5)(A) When the committee has reported, or has been discharged from 
further consideration of, a resolution, it shall be at any time 
thereafter in order (even though a previous motion to the same effect 
has been disagreed to) to move to proceed to the consideration of the 
resolution. The motion shall be highly privileged and shall not be 
debatable. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to.

  (B) Debate on the resolution referred to in subparagraph (A) of this 
paragraph shall be limited to not more than 10 hours, which shall be 
divided equally between those favoring and those opposing such 
resolution. A motion further to limit debate shall not be debatable. An 
amendment to, or motion to recommit, the resolution shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which such resolution was agreed to or disagreed to; except that it 
shall be in order--

          (i) to offer an amendment in the nature of a substitute, 

        consisting of the text of a resolution described in paragraph 

        (2)(A) of this subsection with respect to an energy action, for 

        a resolution described in paragraph (2)(B) of this subsection 

        with respect to the same such action, or

          (ii) to offer an amendment in the nature of a substitute, 

        consisting of the text of a resolution described in paragraph 

        (2)(B) of this subsection with respect to an energy action, for 

        a resolution described in paragraph (2)(A) of this subsection 

        with respect to the same such action.
The amendments described in clauses (i) and (ii) of this subparagraph 
shall not be amendable.

  (6)(A) Motions to postpone, made with respect to the discharge from 
committee, or the consideration of a resolution and motions to proceed 
to the consideration of other business, shall be decided without debate.

  (B) Appeals from the decision of the Chair relating to the application 
of the rules of the Senate or the House of Representatives, as the case 
may be, to the procedure relating to a resolution shall be decided 
without debate.


[[Page 1087]]

  (7) Notwithstanding any of the provisions of this subsection, if a 
House has approved a resolution with respect to an energy action, then 
it shall not be in order to consider in that House any other resolution 
with respect to the same such action.


  These statutory procedures have been used for consideration of a 
motion to discharge a committee from consideration of a resolution 
disapproving an ``energy action'' under Public Law 94-163 (Apr. 13, 
1976, p. 10794; May 27, 1976, p. 15772).


   other provisions bearing on congressional review under section 551


                            [42 U.S.C. 6239]

  Sec. 159. (a) The Strategic Petroleum Reserve Plan shall not become 
effective and may not be implemented, unless--

          (1) the Administrator has transmitted such Plan to the 

        Congress pursuant to section 154(b) [42 U.S.C. 6234(b)]; and

          (2) neither House of Congress has disapproved (or both Houses 

        have approved) such Plan, in accordance with the procedures 

        specified in section 551 [42 U.S.C. 6421].


  (b) For purposes of congressional review of the Strategic Petroleum 
Reserve Plan under subsection (a), the 5 calendar days described in 
section 551(f)(4)(A) [42 U.S.C. 6421(f)(4)(A)] shall be lengthened to 15 
calendar days, and the 15 calendar days described in section 551 (c) and 
(d) [42 U.S.C. 6421 (c) and (d)] shall be lengthened to 45 calendar 
days.

     expedited procedure for congressional consideration of certain 


                               authorities


                            [42 U.S.C. 6422]

  Sec. 552. (a) Any contingency plan transmitted to the Congress 
pursuant to section 201(a)(1) [42 U.S.C. 6261(a)(1)] shall bear an 
identification number and shall be transmitted to both Houses of 
Congress on the same day and to each House while it is in session.


[[Page 1088]]

  (b)(1) No such energy conservation contingency plan may be considered 
approved for purposes of section 201(b) [42 U.S.C. 6261(b)] unless 
between the date of transmittal and the end of the first period of 60 
calendar days of continuous session of Congress after the date on which 
such action is transmitted to such House, each House of Congress passes 
a resolution described in subsection (d)(2)(A) of this section.

  (2)(A) Subject to subparagraph (B), any such rationing contingency 
plan shall be considered approved for purposes of section 201(d) [42 
U.S.C. 6261(d)] only if such plan is not disapproved by a resolution 
described in subsection (d)(2)(B)(i) of this section which passes each 
House of the Congress during the 30-calendar-day period of continuous 
session after the plan is transmitted to such Houses and which 
thereafter becomes law.

  (B) A rationing contingency plan may be considered approved prior to 
the expiration of the 30-calendar-day period after such plan is 
transmitted if a resolution described in subsection (d)(2)(B)(ii) of 
this section is passed by each House of the Congress and thereafter 
becomes law.

  (c) For the purpose of subsection (b) of this section--

          (1) continuity of session is broken only by an adjournment of 

        Congress sine die; and

          (2) the days on which either House is not in session because 

        of an adjournment of more than 3 days to a day certain are 

        excluded in the computation of the calendar-day period involved.

  (d)(1) This subsection is enacted by Congress--

          (A) as an exercise of the rulemaking power of the Senate and 

        the 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 resolutions described by paragraph (2) 

        of this subsection; and it supersedes other rules only to the 

        extent that it is inconsistent therewith; and

          (B) 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 the House.


[[Page 1089]]

  (2)(A) For purposes of applying this section with respect to any 
energy conservation contingency plan, the term ``resolution'' means only 
a resolution of either House of Congress the matter after the resolving 
clauses of which is as follows: ``That the ------ approves the energy 
conservation contingency plan numbered ------ submitted to the Congress 
on ------, 19--.'', the first blank space therein being filled with the 
name of the resolving House and the other blank spaces being 
appropriately filled; but does not include a resolution which specifies 
more than one energy conservation contingency plan.

  (B) For purposes of applying this subsection with respect to any 
rationing contingency plan (other than pursuant to section 201(d)(2)(B) 
[42 U.S.C. 6261(d)(2)(B)]), the term ``resolution'' means only a joint 
resolution described in clause (i) or (ii) of this subparagraph with 
respect to such plan.

          (i) A joint resolution of either House of the Congress (I) 

        which is entitled: ``Joint resolution relating to a rationing 

        contingency plan.'', (II) which does not contain a preamble, and 

        (III) the matter after the resolving clause of which is: ``That 

        the Congress of the United States disapproves the rationing 

        contingency plan transmitted to the Congress on ------, 19--.'', 

        the blank spaces therein appropriately filled.

          (ii) A joint resolution of either House of the Congress (I) 

        which is entitled: ``Joint resolution relating to a rationing 

        contingency plan.'', (II) which does not contain a preamble, and 

        (III) the matter after the resolving clause of which is: ``That 

        the Congress of the United States does not object to the 

        rationing contingency plan transmitted to the Congress on ------

        , 19--.'', the blank spaces therein appropriately filled.

  (3) A resolution once introduced with respect to a contingency plan 
shall immediately be referred to a committee (and all resolutions with 
respect to the same contingency plan shall be referred to the same 
committee) by the President of the Senate or the Speaker of the House of 
Representatives, as the case may be.

  (4)(A) If the committee to which a resolution with respect to a 
contingency plan has been referred has not reported it at the end of 20 
calendar days after its referral in the case of any energy conservation 
contingency plan or at the end of 10 calendar days after its referral in 
the case of any rationing contingency plan, it shall be in order to move 
either to discharge the committee from further consideration of such 
resolution or to discharge the committee from further consideration of 
any other resolution with respect to such contingency plan which has 
been referred to the committee.


[[Page 1090]]

provided in paragraph (7)(A), an amendment to the motion shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which the motion was agreed to or disagreed to.
  (B) A motion to discharge may be made only by an individual favoring 
the resolution, shall be highly privileged (except that it may not be 
made after the committee has reported a resolution with respect to the 
same contingency plan), and debate thereon shall be limited to not more 
than 1 hour, to be divided equally between those favoring and those 
opposing the resolution. Except to the extent 

  (C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect to 
the same contingency plan.

  (5)(A) When the committee has reported, or has been discharged from 
further consideration of, a resolution, it shall be at any time 
thereafter in order (even though a previous motion to the same effect 
has been disagreed to) to move to proceed to the consideration of the 
resolution. The motion shall be highly privileged and shall not be 
debatable. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to.

  (B) Debate on the resolution referred to in subparagraph (A) of this 
paragraph shall be limited to not more than 10 hours, which shall be 
divided equally between those favoring and those opposing such 
resolution. A motion further to limit debate shall not be debatable. 
Except to the extent provided in paragraph (7)(B), an amendment to, or 
motion to recommit the resolution shall not be in order, and it shall 
not be in order to move to reconsider the vote by which such resolution 
was agreed to or disagreed to.

  (6)(A) Motions to postpone, made with respect to the discharge from 
committee, or the consideration of a resolution and motions to proceed 
to the consideration of other business, shall be decided without debate.

  (B) Appeals from the decision of the Chair relating to the application 
of the rules of the Senate or the House of Representatives, as the case 
may be, to the procedures relating to a resolution shall be decided 
without debate.

  (7) With respect to any rationing contingency plan--

          (A) In the consideration of any motion to discharge any 

        committee from further consideration of any resolution on any 

        such plan, it shall be in order after debate allowed for under 

        paragraph (4)(B) to offer an amendment in the nature of a 

        substitute for such motion--

                  (i) consisting of a motion to discharge such committee 

                from further consideration of a resolution described in 


[[Page 1091]]

                paragraph (2)(B)(i) with respect to 

                any rationing contingency plan, if the discharge motion 

                sought to be amended relates to a resolution described in 

                paragraph (2)(B)(ii) with respect to the same such plan, or

                  (ii) consisting of a motion to discharge such 

                committee from further consideration of a resolution 

                described in paragraph (2)(B)(ii) with respect to any 

                rationing contingency plan, if the discharge motion 

                sought to be amended relates to a resolution described 

                in paragraph (2)(B)(i) with respect to the same such 

                plan.

        An amendment described in this subparagraph shall not be 

        amendable. Debate on such an amendment shall be limited to not 

        more than 1 hour, which shall be divided equally between those 

        favoring and those opposing the amendment.

          (B) In the consideration of any resolution on any such plan 

        which has been reported by a committee, it shall be in order at 

        any time during the debate allowed for under paragraph (5)(B) to 

        offer an amendment in the nature of a substitute for such 

        resolution--

                  (i) consisting of the text of a resolution described 

                in paragraph (2)(B)(i) with respect to any rationing 

                contingency plan, if the resolution sought to be amended 

                is a resolution described in paragraph (2)(B)(ii) with 

                respect to the same such plan, or

                  (ii) consisting of the text of a resolution described 

                in paragraph (2)(B)(ii) with respect to any rationing 

                contingency plan, if the resolution sought to be amended 

                is a resolution described in paragraph (2)(B)(i) with 

                respect to the same such plan.

        An amendment described in this subparagraph shall not be 

        amendable.

          (C) If one House receives from the other House a resolution 

        with respect to a rationing contingency plan, then the following 

        procedure applies:

                  (i) the resolution of the other House with respect to 

                such plan shall not be referred to a committee;

                  (ii) in the case of a resolution of the first House 


                with respect to such plan--


[[Page 1092]]

to such plan shall be the same as if no resolution from the other House 
with respect to such plan had been received; but

  (I) the procedure with respect to that or other resolutions of such House 
with respect 


  (II) on any vote on final passage of a resolution of the first House with 
respect to such plan a resolution from the other House with respect to such 
plan which has the same effect shall be automatically substituted for the 
resolution of the first House.

          (D) Notwithstanding any of the preceding provisions of this 

        subsection, if a House has approved a resolution with respect to 

        a rationing contingency plan, then it shall not be in order to 

        consider in that House any other resolution under this section 


        with respect to the approval of such plan.

  Although the Energy Policy and Conservation Act provides for separate 
House consideration of resolutions to approve standby rationing plans 
proposed under the Act and to approve amendments to said plans proposed 
after their submission to Congress, the House adopted in the 96th 
Congress a resolution reported from the Committee on Rules to provide 
for simultaneous consideration of a resolution to approve a plan and a 
resolution to approve an amendment to the plan, with one vote on the 
adoption of both resolutions, since provisions of that Act governing 
procedures for House consideration were enacted pursuant to the 
rulemaking power of the House, with recognition of the right of the 
House to change its rules at any time (May 10, 1979, pp. 10666-67).

  In a message to Congress submitting three energy conservation 
contingency plans pursuant to the Energy Policy and Conservation Act, 
the President stated that the Act did not specify the form which 
resolutions of approval must take and recommended that a joint 
resolution, since it would have the force of law, be the appropriate 
vehicle, although section 552(c)(2) of the Act, supra, implies a simple 
resolution of approval in each House, since requiring the first blank 
space of the resolution to be filled with the name of the resolving 
House (H. Doc. 96-62, Mar. 1, 1979, p. 3764).


  The House has considered (and rejected) a privileged motion to 
discharge a committee from further consideration of a joint resolution 
disapproving a gas rationing plan proposed by the President under this 
statute (July 30, 1980, pp. 20515-29).


     15. Extensions of Emergency Energy Authorities [42 U.S.C. 8374]


[[Page 1093]]

  Sec. 404. emergency authorities.--(a) coal allocation authority.--(1) 
If the President--

          (A) declares a severe energy supply interruption, as defined 

        in section 3(8) of the Energy Policy and Conservation Act [42 

        U.S.C. 6202(8)], or

          (B) finds, and publishes such finding, that a national or 

        regional fuel supply shortage exists or may exist which the 

        President determines--

                  (i) is, or is likely to be, of significant scope and 

                duration, and of an emergency nature;

                  (ii) causes, or may cause, major adverse impact on 

                public health, safety, or welfare or on the economy; and

                  (iii) results, or is likely to result, from an 

                interruption in the supply of coal or from sabotage, or 

                an act of God;
the President may, by order, allocate (and require the transportation 
thereof) for the use of any electrical powerplant or major fuel-burning 
installation, in accordance with such terms and conditions as he may 
prescribe, to insure reliability of electric service or prevent 
unemployment, or protect public health, safety, or welfare.

  (2) For purposes of this subsection, the term ``coal'' means 
anthracite and bituminous coal and lignite (but does not mean any fuel 
derivative thereof).

  (b) emergency prohibition on use of natural gas or petroleum.--If the 
President declares a severe energy supply interruption, as defined in 
section 3(8) of the Energy Policy and Conservation Act [42 U.S.C. 
6202(8)], the President may, by order, prohibit any electric powerplant 
or major fuelburning installation from using natural gas or petroleum, 
or both, as a primary energy source for the duration of such 
interruption. Notwithstanding any other provision of this section, any 
suspension of emission limitations or other requirements of applicable 
implementation plans, as defined in section 110(d) of the Clean Air Act 
[42 U.S.C. 7410(d)], required by such prohibition shall be issued only 
in accordance with section 110(f) of the Clean Air Act [42 U.S.C. 
7410(f)].


[[Page 1094]]

  (c) emergency stays.--The President may, by order, stay the 
application of any provision of this act, or any rule or order 
thereunder, applicable to any new or existing electric powerplant, if 
the President finds, and publishes such finding, that an emergency 
exists, due to national, regional, or systemwide shortages of coal or 
other alternate fuels, or disruption of transportation facilities, which 
emergency is likely to affect reliability of service of any such 
electric powerplant.

  (d) duration of emergency orders.--(1) Except as provided in paragraph 
(3), any order issued by the President under this section shall not be 
effective for longer than the duration of the interruption or emergency, 
or 90 days, whichever is less.

  (2) Any such order may be extended by a subsequent order which the 
President shall transmit to the Congress in accordance with section 551 
of the Energy Policy and Conservation Act [42 U.S.C. 6421]. Such order 
shall be subject to congressional review pursuant to such section.


  (3) Notwithstanding paragraph (1), the effectiveness of any order 
issued under this section shall not terminate under this subsection 
during the 15-calendar-day period during which any such subsequent order 
described in paragraph (2) is subject to congressional review under 
section 551 of the Energy Policy and Conservation Act [42 U.S.C. 6421].


              16. Nuclear Waste Fund Fees [42 U.S.C. 10222]


  Sec. 302. (a) contracts.--(1) In the performance of his functions 
under this Act, the Secretary is authorized to enter into contracts with 
any person who generates or holds title to high-level radioactive waste, 
or spent nuclear fuel, of domestic origin for the acceptance of title, 
subsequent transportation, and disposal of such waste or spent fuel. 
Such contracts shall provide for payment to the Secretary of fees 
pursuant to paragraphs (2) and (3) sufficient to offset expenditures 
described in subsection (d).


                                  * * *


[[Page 1095]]

shall be effective after a period of 90 days of continuous session have 
elapsed following the receipt of such transmittal unless during such 
90-day period either House of Congress adopts a resolution disapproving 
the Secretary's proposed adjustment in accordance with the procedures set 
forth for congressional review of an energy action under section 551 of 
the Energy Policy and Conservation Act [42 U.S.C. 6421].

  (4) Not later than 180 days after the date of enactment of this Act, 
the Secretary shall establish procedures for the collection and payment 
of the fees established by paragraph (2) and paragraph (3). The 
Secretary shall annually review the amount of the fees established by 
paragraphs (2) and (3) above to evaluate whether collection of the fee 
will provide sufficient revenues to offset the costs as defined in 
subsection (d) herein. In the event the Secretary determines that either 
insufficient or excess revenues are being collected, in order to recover 
the costs incurred by the Federal Government that are specified in 
subsection (d), the Secretary shall propose an adjustment to the fee to 
insure full cost recovery. The Secretary shall immediately transmit this 
proposal for such an adjustment to Congress. The adjusted fee proposed 
by the Secretary 


                         17. Arms Export Control


                 a. arms export control act, Sec. 36(b)


 reports on commercial and governmental military exports; congressional 
                           [22 U.S.C. 2776(b)]


                                 action


A certification transmitted pursuant to this subsection shall be 
unclassified, except that the information specified in clause (ii) and 
the details of the description specified in clause (iii) of subsection 
(a) may be classified if the public disclosure thereof would be clearly 
detrimental to the security of the United States. The letter of offer 
shall not be issued with respect to a proposed sale to the North 
Atlantic Treaty Organization, any member country of such Organization, 
Japan, Australia, or New Zealand, if the Congress, within fifteen 
calendar days after receiving such certification, or with respect to a 
proposed sale to any other country or organization, if the Congress 
within thirty calendar days after receiving such certification, enacts a 
joint resolution prohibiting the proposed sale, unless the President 
states in his certification that an emergency exists which requires such 
sale in the national security interests of the United States. If the 
President states in his certification that an emergency exists which 
requires the 

[[Page 1096]]

proposed sale in the national security interest of the United States, 
thus waiving the congressional review requirements of this subsection, 
he shall set forth in the certification a detailed justification for his 
determination, including a description of the emergency circumstances 
which necessitate the immediate issuance of the letter of offer and a 
discussion of the national security interests involved.
  Sec. 36. * * * (b)(1) In the case of any letter of offer to sell any 
defense articles or services under this Act for $50,000,000 or more, any 
design and construction services for $200,000,000 or more, or any major 
defense equipment for $14,000,000 or more, before such letter of offer 
is issued, the President shall submit to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate a numbered certification with respect to such 
offer to sell containing the information specified in * * * subsection 
(a) * * *

  (2) Any such joint resolution shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Export Control Act of 1976, except that for 
purposes of consideration of any joint resolution with respect to the 
North Atlantic Treaty Organization, any member country of such 
Organization, Japan, Australia, or New Zealand, it shall be in order in 
the Senate to move to discharge a committee to which such joint 
resolution was referred if such committee has not reported such joint 
resolution at the end of five calendar days after its introduction.


  (3) For the purpose of expediting the consideration and enactment of 
joint resolutions under this subsection, a motion to proceed to the 
consideration of any such joint resolution after it has been reported by 
the appropriate committee shall be treated as highly privileged in the 
House of Representatives.


                                  * * *


  Pursuant to this provision, a motion that the House resolve itself 
into the Committee of the Whole for consideration of a concurrent (now 
joint; see P.L. 99-247) resolution disapproving an export sale of major 
defense equipment is highly privileged after the resolution has been 
reported, subject to the three-day availability requirement of clause 
2(l)(6) of rule XI (Oct. 14, 1981, pp. 23796, 23871, 23872; May 7, 1986, 
p. 9716).


                 b. arms export control act, Sec. 36(c)


       commercial exports of defense articles and defense services


                           [22 U.S.C. 2776(c)]


[[Page 1097]]

  Sec. 36. * * * (c) * * * (2) Unless the President states in his 
certification [under paragraph (1)] that an emergency exists which 
requires the proposed export in the national security interests of the 
United States, a license for export described in paragraph (1)--

          (A) in the case of a license for an export to the North 

        Atlantic Treaty Organization, any member country of that 

        Organization or Australia, Japan, or New Zealand, shall not be 

        issued until at least 15 calendar days after the Congress 

        receives such certification, and shall not be issued then if the 

        Congress, within that 15-day period, enacts a joint resolution 

        prohibiting the proposed export; and

          (B) in the case of any other license, shall not be issued 

        until at least 30 calendar days after the Congress receives such 

        certification, and shall not be issued then if the Congress, 

        within that 30-day period, enacts a joint resolution prohibiting 

        the proposed export.

  (3)(A) Any joint resolution under this subsection shall be considered 
in the Senate in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976.


  (B) For the purpose of expediting the consideration and enactment of 
joint resolutions under this subsection, a motion to proceed to the 
consideration of any such joint resolution after it has been reported by 
the appropriate committee shall be treated as highly privileged in the 
House of Representatives.


                 c. arms export control act, Sec. 36(d)


                   commercial manufacturing agreements


                           [22 U.S.C. 2776(d)]

  Sec. 36. (d)(1) In the case of an approval under section 38 of this 
Act [22 U.S.C. 2778] of a United States commercial technical assistance 
or manufacturing licensing agreement which involves the manufacture 
abroad of any item of significant combat equipment on the United States 
Munitions List, before such approval is given, the President shall 
submit a certification with respect to such proposed commercial 
agreement in a manner similar to the certification required under 
subsection (c)(1) of this section containing comparable information, 
except that the last sentence of such subsection shall not apply to 
certifications submitted pursuant to this subsection.

  (2) A certification under this subsection shall be submitted--

          (A) at least 15 days before approval is given in the case of 


[[Page 1098]]

        an agreement for or in a country which is a 

        member of the North Atlantic Treaty Organization or Australia, 

        Japan, or New Zealand; and

          (B) at least 30 days before approval is given in the case of 

        an agreement for or in any other country;
unless the President states in his certification that an emergency 
exists which requires the immediate approval of the agreement in the 
national security interests of the United States.

  (3) If the President states in his certification that an emergency 
exists which requires the immediate approval of the agreement in the 
national security interests of the United States, thus waiving the 
requirements of paragraph (4), he shall set forth in the certification a 
detailed justification for his determination, including a description of 
the emergency circumstances which necessitate the immediate approval of 
the agreement and a discussion of the national security interests 
involved.

  (4) Approval for an agreement subject to paragraph (1) may not be 
given under section 38 if the Congress, within the 15-day or 30-day 
period specified in paragraph (2)(A) or (B), as the case may be, enacts 
a joint resolution prohibiting such approval.

  (5)(A) Any joint resolution under paragraph (4) shall be considered in 
the Senate in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976.


  (B) For the purpose of expediting the consideration and enactment of 
joint resolutions under paragraph (4), a motion to proceed to the 
consideration of any such joint resolution after it has been reported by 
the appropriate committee shall be treated as highly privileged in the 
House of Representatives.


                   d. arms export control act, Sec. 3


              third country transfer of military equipment


                            [22 U.S.C. 2753]


[[Page 1099]]

  Sec. 3. (a) No defense article or defense service shall be sold or 
leased by the United States Government under this Act to any country or 
international organization, and no agreement shall be entered into for a 
cooperative project (as defined in section 27 of this Act [22 U.S.C. 
2767]), unless--


                                  * * *


  (2) the country or international organization shall have agreed not to 
transfer title to, or possession of, any defense article or related 
training or other defense service so furnished to it, or produced in a 
cooperative project (as defined in section 27 of this Act [22 U.S.C. 
2767]), to anyone not an officer, employee, or agent of that country or 
international organization (or the North Atlantic Treaty Organization or 
the specific member countries (other than the United States) in the case 
of a cooperative project) and not to use or permit the use of such 
article or related training or other defense service for purposes other 
than those for which furnished unless the consent of the President has 
first been obtained;


                                  * * *

  (d)(1) The President may not give his consent under paragraph (2) of 
subsection (a) or under the third sentence of such subsection, or under 
section 505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961 [22 
U.S.C. 2314(a)(1) or (4)], to a transfer of any major defense equipment 
valued (in terms of its original acquisition cost) at $14,000,000 or 
more, or any defense article or related training or of other defense 
service valued (in terms of its original acquisition cost) at 
$50,000,000 or more, unless the President submits to the Speaker of the 
House of Representatives and the Committee on Foreign Relations of the 
Senate a written certification with respect to such proposed transfer 
containing--

          (A) the name of the country or international organization 

        proposing to make such transfer,

          (B) a description of the article or service proposed to be 

        transferred, including its acquisition cost,

          (C) the name of the proposed recipient of such article or 

        service,

          (D) the reasons for such proposed transfer, and

          (E) the date on which such transfer is proposed to be made.
Any certification submitted to Congress pursuant to this paragraph shall 
be unclassified, except that information regarding the dollar value and 
number of articles or services proposed to be transferred may be 
classified if public disclosure thereof would be clearly detrimental to 
the security of the United States.


[[Page 1100]]

exists which requires that consent to the proposed transfer become 
effective immediately in the national security interests of the United 
States, such consent shall not become effective until 30 calendar days 
after the date of such submission and such consent shall become effective 
then only if the Congress does not enact, within such 30-day period, a 
joint resolution prohibiting the proposed transfer.
  (2)(A) Except as provided in subparagraph (B), unless the President 
states in the certification submitted pursuant to paragraph (1) of this 
subsection that an emergency 

  (B) In the case of a proposed transfer to the North Atlantic Treaty 
Organization, or any member country of such Organization, Japan, 
Australia, or New Zealand, unless the President states in the 
certification submitted pursuant to paragraph (1) of this subsection 
that an emergency exists which requires that consent to the proposed 
transfer become effective immediately in the national security interests 
of the United States, such consent shall not become effective until 
fifteen calendar days after the date of such submission and such consent 
shall become effective then only if the Congress does not enact, with 
such fifteen-day period, a joint resolution prohibiting the proposed 
transfer.

  (C) If the President states in his certification under subparagraph 
(A) or (B) that an emergency exists which requires that consent to the 
proposed transfer become effective immediately in the national security 
interests of the United States, thus waiving the requirements of that 
subparagraph, the President shall set forth in the certification a 
detailed justification for his determination, including a description of 
the emergency circumstances which necessitate immediate consent to the 
transfer and a discussion of the national security interests involved.

  (D)(i) Any joint resolution under this paragraph shall be considered 
in the Senate in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976.

  (ii) For the purpose of expediting the consideration and enactment of 
joint resolutions under this paragraph, a motion to proceed to the 
consideration of any such joint resolution after it has been reported by 
the appropriate committee shall be treated as highly privileged in the 
House of Representatives.


[[Page 1101]]

export of which has been licensed or approved under section 38 of this 
Act [22 U.S.C. 2778], unless before giving such consent the President 
submits to the Speaker of the House of Representatives and the Chairman 
of the Committee on Foreign Relations of the Senate a certification 
containing the information specified in subparagraphs (A) through (E) of 
paragraph (1). Such certification shall be submitted--
  (3)(A) The President may not give his consent to the transfer of any 
major defense equipment valued (in terms of its original acquisition 
cost) at $14,000,000 or more, or any defense article or defense service 
valued (in terms of its original acquisition cost) at $50,000,000 or 
more, the 

          (i) at least 15 calendar days before such consent is given in 

        the case of a transfer to a country which is a member of the 

        North Atlantic Treaty Organization or Australia, Japan, or New 

        Zealand; and

          (ii) at least 30 calendar days before such consent is given in 

        the case of a transfer to any other country,
unless the President states in his certification that an emergency 
exists which requires that consent to the proposed transfer become 
effective immediately in the national security interests of the United 
States. If the President states in his certification that such an 
emergency exists (thus waiving the requirements of clause (i) or (ii), 
as the case may be, and of subparagraph (B)) the President shall set 
forth in the certification a detailed justification for his 
determination, including a description of the emergency circumstances 
which necessitate that consent to the proposed transfer become effective 
immediately and a discussion of the national security interests 
involved.

  (B) Consent to a transfer subject to subparagraph (A) shall become 
effective after the end of the 15-day or 30-day period specified in 
subparagraph (A)(i) or (ii), as the case may be, only if the Congress 
does not enact, within that period, a joint resolution prohibiting the 
proposed transfer.

  (C)(i) Any joint resolution under this paragraph shall be considered 
in the Senate in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976.

  (ii) For the purpose of expediting the consideration and enactment of 
joint resolutions under this paragraph, a motion to proceed to the 
consideration of any such joint resolution after it has been reported by 
the appropriate committee shall be treated as highly privileged in the 
House of Representatives.

  (4) This subsection shall not apply--

          (A) to transfers of maintenance, repair, or overhaul defense 

        services, or of the repair parts of other defense articles used 


[[Page 1102]]

        in furnishing such services, if the 

        transfer will not result in any increase, relative to the original 

        specifications, in the military capability of the defense articles 

        and services to be maintained, repaired, or overhauled;

          (B) to temporary transfers of defense articles for the sole 

        purpose of receiving maintenance, repair, or overhaul; or

          (C) to arrangements among members of the North Atlantic Treaty 

        Organization or between the North Atlantic Treaty Organization 

        and any of its member countries--

                  (i) for cooperative cross servicing, or

                  (ii) for lead-nation procurement if the certification 

                transmitted to the Congress pursuant to section 36(b) of 

                this Act [22 U.S.C. 2776(b)] with regard to such lead-

                nation procurement identified the transferees on whose 


                behalf the lead-nation procurement was proposed.



                                  * * *


             e. arms export control act, Sec. Sec. 62 and 63


                       leases of defense articles


                       [22 U.S.C. 2796a and 2796b]

  Sec. 62. reports to the congress.--(a) Before entering into or 
renewing any agreement with a foreign country or international 
organization to lease any defense article under this chapter, or to loan 
any defense article under chapter 2 of part II of the Foreign Assistance 
Act of 1961 [22 U.S.C. 2311 et seq], for a period of one year or longer, 
the President shall transmit to the Speaker of the House of 
Representatives, and to the chairman of the Committee on Foreign 
Relations of the Senate and the chairman of the Committee on Armed 
Services of the Senate, a written certification which specifies--

          (1) the country or international organization to which the 

        defense article is to be leased or loaned;

          (2) the type, quantity, and value (in terms of replacement 

        cost) of the defense article to be leased or loaned;


[[Page 1103]]

          (3) the terms and duration of the lease or loan; and

          (4) a justification for the lease or loan, including an 

        explanation of why the defense article is being leased or loaned 

        rather than sold under this Act.

  (b) The President may waive the requirements of this section (and in 
the case of an agreement described in section 63 [22 U.S.C. 2796b], may 
waive the provisions of that section) if he states in his certification, 
that an emergency exists which requires that the lease or loan be 
entered into immediately in the national security interests of the 
United States. If the President states in his certification that such an 
emergency exists, he shall set forth in the certification a detailed 
justification for his determination, including a description of the 
emergency circumstances which necessitate that the lease be entered into 
immediately and a discussion of the national security interests 
involved.

  (c) The certification required by subsection (a) shall be 
transmitted--

          (1) not less than 15 calendar days before the agreement is 

        entered into or renewed in the case of an agreement with the 

        North Atlantic Treaty Organization, any member country of that 

        Organization or Australia, Japan, or New Zealand; and

          (2) not less than 30 calendar days before the agreement is 

        entered into or renewed in the case of an agreement with any 


        other organization or country.

  Sec. 63. legislative review.--(a) In the case of any agreement 
involving the lease under this chapter, or the loan under chapter 2 of 
part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311 et seq], 
to any foreign country or international organization for a period of one 
year or longer of any defense articles which are either (i) major 
defense equipment valued (in terms of its replacement cost less any 
depreciation in its value) at $14,000,000 or more, or (ii) defense 
articles valued (in terms of their replacement cost less any 
depreciation in their value) at $50,000,000 or more, the agreement may 
not be entered into or renewed if the Congress, within the 15-day or 30-
day period specified in section 62(c) (1) or (2), as the case may be, 
enacts a joint resolution prohibiting the proposed lease or loan.


[[Page 1104]]

  (b) Any joint resolution under subsection (a) shall be considered in 
the Senate in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976.


  (c) For the purpose of expediting the consideration and enactment of 
joint resolutions under subsection (a), a motion to proceed to the 
consideration of any such resolution after it has been reported by the 
appropriate committee shall be treated as highly privileged in the House 
of Representatives.

   18. Federal Election Commission Regulations, Sec. 311(d) [2 U.S.C. 


                                 438(d)]

  Sec. 311. * * * (d)(1) Before prescribing any rule, regulation, or 
form under this section or any other provision of this Act, the 
Commission shall transmit a statement with respect to such rule, 
regulation, or form to the Senate and the House of Representatives, in 
accordance with this subsection. Such statement shall set forth the 
proposed rule, regulation, or form, and shall contain a detailed 
explanation and justification of it.

  (2) If either House of the Congress does not disapprove by resolution 
any proposed rule or regulation submitted by the Commission under this 
section within 30 legislative days after the date of the receipt of such 
proposed rule or regulation or within 10 legislative days after the date 
of receipt of such proposed form, the Commission may prescribe such 
rule, regulation, or form.

  (3) For purposes of this subsection, the term ``legislative day'' 
means, with respect to statements transmitted to the Senate, any 
calendar day on which the Senate is in session, and with respect to 
statements transmitted to the House of Representatives, any calendar day 
on which the House of Representatives is in session.

  (4) For purposes of this subsection, the terms ``rule'' and 
``regulation'' mean a provision or series of interrelated provisions 
stating a single, separate rule of law.

  (5)(A) A motion to discharge a committee of the Senate from the 
consideration of a resolution relating to any such rule, regulation, or 
form or a motion to proceed to the consideration of such a resolution, 
is highly privileged and shall be decided without debate.


[[Page 1105]]

is not in order to move to reconsider the vote by which the motion is 
agreed to or disagreed with.

19. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8 and 9 [15 
  (B) Whenever a committee of the House of Representatives reports any 
resolution relating to any such form, rule or regulation, it is at any 
time thereafter in order (even though a previous motion to the same 
effect has been disagreed to) to move to proceed to the consideration of 
the resolution. The motion is highly privileged and is not debatable. An 
amendment to the motion is not in order, and 


                          U.S.C. 719f and 719g]


                          congressional review

  Sec. 8. * * * (c) For purposes of this section--

          (1) continuity of session of Congress is broken only by an 

        adjournment sine die; and

          (2) the days on which either House is not in session because 

        of an adjournment of more than 3 days to a day certain are 

        excluded in the computation of the 60-day calendar period.

  (d)(1) This subsection is enacted by Congress--

          (A) as an exercise of the rulemaking power of each House of 

        Congress, 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 resolutions described by paragraph (2) of this 

        subsection; and it supersedes other rules only to the extent 

        that it is inconsistent therewith; and

          (B) with full recognition of the constitutional right of 

        either House to change the rules (so far as those rules relate 

        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 such 

        House.

  (2) For purposes of this Act, the term ``resolution'' means (A) a 
joint resolution, the resolving clause of which is as follows: ``That 
the House of Representatives and Senate approve the Presidential 
decision on an Alaska natural gas transportation system submitted to the 
Congress on ------, 19--, and find that any environmental impact 
statements prepared relative to such system and submitted with the 
President's decision are in compliance with the Natural [so in original] 
Environmental Policy Act of 1969.''; the blank space therein shall be 
filled with the date on which the President submits his decision to the 
House of Representatives and the Senate; or (B) a joint resolution 
described in subsection (g) of this section.


[[Page 1106]]

sion on an Alaska natural gas transportation system shall be referred to 
the same committee or committees) by the President of the Senate or the 
Speaker of the House of Representatives, as the case may be.
  (3) A resolution once introduced with respect to a Presidential 
decision on an Alaska natural gas transportation system shall be 
referred to one or more committees (and all resolutions with respect to 
the same Presidential deci-

  (4)(A) If any committee to which a resolution with respect to a 
Presidential decision on an Alaska natural gas transportation system has 
been referred has not reported it at the end of 30 calendar days after 
its referral, it shall be in order to move either to discharge such 
committee from further consideration of such resolution or to discharge 
such committee from consideration of any other resolution with respect 
to such Presidential decision on an Alaska natural gas transportation 
system which has been referred to such committee.

  (B) A motion to discharge may be made only by an individual favoring 
the resolution, shall be highly privileged (except that it may not be 
made after the committee has reported a resolution with respect to the 
same Presidential decision on an Alaska natural gas transportation 
system), and debate thereon shall be limited to not more than 1 hour, to 
be divided equally between those favoring and those opposing the 
resolution. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to.

  (C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be made with respect to any other resolution with respect 
to the same Presidential decision on an Alaska natural gas 
transportation system.

  (5)(A) When any committee has reported, or has been discharged from 
further consideration of, a resolution, but in no case earlier than 30 
days after the date or receipt of the President's decision to the 
Congress, it shall be at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) to move to 
proceed to the consideration of the resolution. The motion shall be 
highly privileged and shall not be debatable. An amendment to the motion 
shall not be in order, and it shall not be in order to move to 
reconsider the vote by which the motion was agreed to or disagreed to.


[[Page 1107]]

motion to recommit the resolution shall not be in order, and it shall 
not be in order to move to reconsider the vote by which such resolution 
was agreed to or disagreed to or, thereafter within such 60-day period, 
to consider any other resolution respecting the same Presidential decision.
  (B) Debate on the resolution described in subsection (d)(2)(A) shall 
be limited to not more than 10 hours and on any resolution described in 
subsection (g) to one hour. This time shall be divided equally between 
those favoring and those opposing such resolution. A motion further to 
limit debate shall not be debatable. An amendment to, or 

  (6)(A) Motions to postpone, made with respect to the discharge from 
committee, or the consideration of a resolution and motions to proceed 
to the consideration of other business, shall be decided without debate.


  (B) Appeals from the decision of the Chair relating to the application 
of the rules of the Senate or the House of Representatives, as the case 
may be, to the procedures relating to a resolution shall be decided 
without debate.


                                  * * *

  (g)(1) At any time after a decision designating a transportation 
system is submitted to the Congress pursuant to this section, if the 
President finds that any provision of law applicable to actions to be 
taken under subsection (a) or (c) of section 9 [15 U.S.C. 719g(a) or 
(c)] require waiver in order to permit expeditious construction and 
initial operation of the approved transportation system, the President 
may submit such proposed waiver to both Houses of Congress.

  (2) Such provision shall be waived with respect to actions to be taken 
under subsection (a) or (c) of section 9 [15 U.S.C. 719g(a) or (c)] upon 
enactment of a joint resolution pursuant to the procedures specified in 
subsection (c) and (d) of this section (other than subsection (d)(2) 
thereof) within the first period of 60 calendar days of continuous 
session of Congress beginning on the date after the date of receipt by 
the Senate and House of Representatives of such proposal.

  (3) The resolving clause of the joint resolution referred to in this 
subsection is as follows: ``That the House of Representatives and Senate 
approve the waiver of the provision of law (------) as proposed by the 
President, submitted to the Congress on ------, 19----.'' The first 
blank space therein being filled with the citation to the provision of 
law and the second blank space therein being filled with the date on 
which the President submits his decision to the House of Representatives 
and the Senate.


[[Page 1108]]

  (4) In the case of action with respect to a joint resolution described 
in this subsection, the phrase ``a waiver of a provision of law'' shall 
be substituted in subsection (d) for the phrase ``the Alaska natural gas 
transportation system.''.


                             authorizations

  Sec. 9. (a) To the extent that the taking of any action which is 
necessary or related to the construction and initial operation of the 
approved transportation system requires a certificate, right-of-way, 
permit, lease, or other authorization to be issued or granted by a 
Federal officer or agency, such Federal officer or agency shall--

          (1) to the fullest extent permitted by the provisions of law 

        administered by such officer or agency, but

          (2) without regard to any provision of law which is waived 

        pursuant to section 8(g) [15 U.S.C. 719f(g)] issue or grant such 

        certificates, permits, rights-of-way, leases, and other 


        authorizations at the earliest practicable date.


                                  * * *


  (c) Any certificate, right-of-way, permit, lease, or other 
authorization issued or granted pursuant to the direction under 
subsection (a) shall include the terms and conditions required by law 
unless waived pursuant to a resolution under section 8(g) [15 U.S.C. 
719f(g)], and may include terms and conditions permitted by law, except 
that with respect to terms and conditions permitted but not required, 
the Federal officer or agency, notwithstanding any such other provision 
of law, shall have no authority to include terms and conditions as would 
compel a change in the basic nature and general route of the approved 
transportation system or those the inclusion of which would otherwise 
prevent or impair in any significant respect the expeditious 
construction and initial operation of such transportation system.


  Pursuant to section 8(d)(6)(A) of this statute [15 U.S.C. 
719f(d)(6)(A)] a privileged motion to resolve into the Committee of the 
Whole to consider a joint resolution providing a waiver of law under the 
statute is subject to a nondebatable motion to postpone to a day certain 
(or indefinitely) (Dec. 8, 1981, pp. 29972-73).


          20. Crude Oil Transportation Systems [43 U.S.C. 2008]


[[Page 1109]]

transportation system but not including any provision of the 
antitrust laws) which, in the national interest, as determined by the 
President, should be waived in whole or in part to facilitate 
construction or operation of any such system approved under section 507 
[43 U.S.C. 2007] or of the Long Beach-Midland project, and he shall 
submit any such proposed waiver to both Houses of the Congress. The 
provisions so identified shall be waived with respect to actions to be 
taken to construct or operate such system or project only upon enactment 
of a joint resolution within the first period of 60 calendar days of 
continuous session of Congress beginning on the date of receipt by the 
House of Representatives and the Senate of such proposal.
  Sec. 508. procedures for waiver of federal law.--(a) waiver of 
provisions of federal law.--The President may identify those provisions 
of Federal law (including any law or laws regarding the location of a 
crude oil 


21. Alaska National Interest Lands Conservation Act, Sec. Sec. 1502 and 
  (b) joint resolution.--The resolving clause of the joint resolution 
referred to in subsection (a) is as follows: ``That the House of 
Representatives and Senate approve the waiver of the provisions of law 
(------) as proposed by the President, submitted to the Congress on ----
--, 19----.''. The first blank space therein being filled with the 
citation to the provisions of law proposed to be waived by the President 
and the second blank space therein being filled with the date on which 
the President submits his decision to waive such provisions of law to 
the House of Representatives and the Senate. Rules and procedures for 
consideration of any such joint resolution shall be governed by section 
8 (c) and (d) of the Alaskan Natural Gas Transportation Act [15 U.S.C. 
719f(c) and (d)], other than paragraph (2) of section 8(d) [15 U.S.C. 
719f(d)], except that for the purposes of this subsection, the phrase 
``a waiver of provisions of law'' shall be substituted in section 8(d) 
[15 U.S.C. 719f(d)] each place where the phrase ``an Alaska natural gas 
transportation system'' appears.


                     1503 [16 U.S.C. 3232 and 3233]


             national need mineral activity recommendations


                            [16 U.S.C. 3232]


[[Page 1110]]

of the lands referred to in section 1501 [16 U.S.C. 3231]. Notice of such 
transmittal shall be published in the Federal Register. No recommendation 
of the President under this section may be transmitted to the Congress 
before ninety days after publication in the Federal Register of notice 
of his intention to submit such recommendation.

  Sec. 1502. (a) recommendation.--At any time after December 2, 1980, 
the President may transmit a recommendation to the Congress that mineral 
exploration, development, or extraction not permitted under this Act or 
other applicable law shall be permitted in a specified area 


                                  * * *

  (d) approval.--Any recommendation under this section shall take effect 
only upon enactment of a joint resolution approving such recommendation 
within the first period of one hundred and twenty calendar days of 
continuous session of Congress beginning on the date after the date of 
receipt by the Senate and House of Representatives of such 
recommendation. Any recommendation of the President submitted to 
Congress under subsection (a) shall be considered received by both 
Houses for purposes of this section on the first day on which both are 
in session occurring after such recommendation is submitted.

  (e) one-hundred-and-twenty-day computation.--For purposes of this 
section--

          (1) continuity of session of Congress is broken only by an 

        adjournment sine die; and

          (2) the days on which either House is not in session because 

        of an adjournment of more than three days to a day certain are 

        excluded in the computation of the one-hundred-and-twenty-day 


        calendar period.


                     expedited congressional review


                            [16 U.S.C. 3233]

  Sec. 1503. (a) rulemaking.--This subsection is enacted by Congress--

          (1) as an exercise of the rulemaking power of each House of 

        Congress, 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 the House in the case 

        of resolutions described by subsection (b) of this section and 

        it supersedes other rules only to the extent that it is 

        inconsistent therewith; and

          (2) with full recognition of the constitutional right of 

        either House to change the rules (so far as those relate to the 

        procedure of that House) at any time, in the same manner and to 


[[Page 1111]]

        the same extent as in the case of any other rule of such House.

  (b) resolution.--For purposes of this section, the term ``resolution'' 
means a joint resolution, the resolving clause of which is as follows: 
``That the House of Representatives and Senate approve the 
recommendation of the President for ------ in ------ submitted to the 
Congress on ------, 19----.'', the first blank space therein to be 
filled in with appropriate activity, the second blank space therein to 
be filled in with the name or description of the area of land affected 
by the activity, and the third blank space therein to be filled with the 
date on which the President submits his recommendation to the House of 
Representatives and the Senate. Such resolution may also include 
material relating to the application and effect of the National 
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] to the 
recommendation.

  (c) referral.--A resolution once introduced with respect to such 
Presidential recommendation shall be referred to one or more committees 
(and all resolutions with respect to the same Presidential 
recommendation shall be referred to the same committee or committees) by 
the President of the Senate or the Speaker of the House of 
Representatives, as the case may be.


 22. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et 
  (d) other procedures.--Except as otherwise provided in this section 
the provisions of section 8(d) of the Alaska Natural Gas Transportation 
Act [15 U.S.C. 719f(d)] shall apply to the consideration of the 
resolution.


                                  seq]


                          a. land use planning


                            [43 U.S.C. 1712]


  Sec. 202. (a) The Secretary shall, with public involvement and 
consistent with the terms and conditions of this Act, develop, maintain, 
and, when appropriate, revise land use plans which provide by tracts or 
areas for the use of the public lands. Land use plans shall be developed 
for the public lands regardless of whether such lands previously have 
been classified, withdrawn, set aside, or otherwise designated for one 
or more uses.


                                  * * *


[[Page 1112]]

the land use planning process conducted under this section, and all public 
lands, regardless of classification, are subject to inclusion in any land 
use plan developed pursuant to this section. The Secretary may modify or 
terminate any such classification with such land use plans.
  (d) Any classification of public lands or any land use plan in effect 
on October 21, 1976, is subject to review in 

  (e) The Secretary may issue management decisions to implement land use 
plans developed or revised under this section in accordance with the 
following:

          (1) Such decisions, including but not limited to exclusions 

        (that is, total elimination) of one or more of the principal or 

        major uses made by a management decision shall remain subject to 

        reconsideration, modification, and termination through revision 

        by the Secretary or his delegate, under the provisions of this 

        section, of the land use plan involved.

          (2) Any management decision or action pursuant to a management 

        decision that excludes (that is, totally eliminates) one or more 

        of the principal or major uses for two or more years with 

        respect to a tract of land of one hundred thousand acres or more 

        shall be reported by the Secretary to the House of 

        Representatives and the Senate. If within ninety days from the 

        giving of such notice (exclusive of days on which either House 

        has adjourned for more than three consecutive days), the 

        Congress adopts a concurrent resolution of nonapproval of the 

        management decision or action, then the management decision or 

        action shall be promptly terminated by the Secretary. If the 

        committee to which a resolution has been referred during the 

        said ninety day period has not reported it at the end of thirty 

        calendar days after its referral, it shall be in order to either 

        discharge the committee from further consideration of such 

        resolution or to discharge the committee from consideration of 

        any other resolution with respect to the management decision or 

        action. A motion to discharge may be made only by an individual 

        favoring the resolution, shall be highly privileged (except that 

        it may not be made after the committee has reported such a 

        resolution), and debate thereon shall be limited to not more 

        than one hour, to be divided equally between those favoring and 

        those opposing the resolution. An amendment to the motion shall 

        not be in order, and it shall not be in order to move to 

        reconsider the vote by which the motion was agreed to or 

        disagreed to. If the motion to discharge is agreed to or 


[[Page 1113]]

        disagreed to, the motion may not be 

        made with respect to any other resolution with respect to the 

        same management decision or action. When the committee has 

        reported, or has been discharged from further consideration of 

        a 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 resolution. The 

        motion shall be highly privileged and shall not be debatable. An 

        amendment to the motion shall not be in order, and it shall not be 

        in order to move to reconsider the vote by which the motion was 


        agreed to or disagreed to.


                                b. sales


                            [43 U.S.C. 1713]


[[Page 1114]]

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 
resolution. The motion shall be highly privileged and shall not be 
debatable. An amendment to the motion shall not be in order, and it shall 
not be in order to move to reconsider the vote by which the motion was 
agreed to or disagreed to.

  Sec. 203. * * * (c) Where a tract of the public lands in excess of two 
thousand five hundred acres has been designated for sale, such sale may 
be made only after the end of the ninety days (not counting days on 
which the House of Representatives or the Senate has adjourned for more 
than three consecutive days) beginning on the day the Secretary has 
submitted notice of such designation to the Senate and the House of 
Representatives, and then only if the Congress has not adopted a 
concurrent resolution stating that such House does not approve of such 
designation. If the committee to which a resolution has been referred 
during the said ninety day period has not reported it at the end of 
thirty calendar days after its referral, it shall be in order to either 
discharge the committee from further consideration of such resolution or 
to discharge the committee from consideration of any other resolution 
with respect to the designation. A motion to discharge may be made only 
by an individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has reported such a 
resolution), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those opposing 
the resolution. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to. If the motion to discharge is agreed to 
or disagreed to, the motion may not be made with respect to any other 
resolution with respect to the same designation. When the committee has 
reported, or has been discharged from further consideration of a 
resolution, it shall at any time 


                             c. withdrawals


                            [43 U.S.C. 1714]


[[Page 1115]]

same Presidential recommendation. When the committee has reported, or 
has been discharged from further consideration of a 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 resolution. The motion shall be highly privileged and shall not be 
debatable. An amendment to the motion shall not be in order, and it shall 
not be in order to move to reconsider the vote by which the motion was 
agreed to or disagreed to.

  Sec. 204. * * * (c)(1) On and after the dates of approval of this Act 
a withdrawal aggregating five thousand acres or more may be made (or 
such a withdrawal or any other withdrawal involving the aggregate five 
thousand acres or more which terminates after such date of approval may 
be extended) only for a period of not more than twenty years by the 
Secretary on his own motion or upon request by a department or agency 
head. The Secretary shall notify both Houses of Congress of such a 
withdrawal no later than its effective date and the withdrawal shall 
terminate and become effective at the end of ninety days (not counting 
days on which the Senate or the House of Representatives has adjourned 
for more than three consecutive days) beginning on the day notice of 
such withdrawal has been submitted to the Senate and to the House of 
Representatives, if the Congress has adopted a concurrent resolution 
stating that such House does not approve the withdrawal. If the 
committee to which a resolution has been referred during the said ninety 
day period has not reported it at the end of thirty calendar days after 
its referral, it shall be in order to either discharge the committee 
from further consideration of such resolution or to discharge the 
committee from consideration of any other resolution with respect to the 
Presidential recommendation. A motion to discharge may be made only by 
an individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has reported such a 
resolution), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those opposing 
the resolution. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to. If the motion to discharge is agreed to 
or disagreed to, the motion may not be made with respect to any other 
resolution with respect to the 


                        d. review of withdrawals


                            [43 U.S.C. 1714]

  Sec. 204. * * * (l)(1) The Secretary shall, within fifteen years of 
October 21, 1976, review withdrawals existing on the date of approval of 
this Act, in the States of Arizona, California, Colorado, Idaho, 
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming of 
(1) all Federal lands other than withdrawals of the public lands 
administered by the Bureau of Land Management and of lands which, on the 
date of approval of this Act, were part of Indian reservations and other 
Indian holdings, the National Forest System, the National Park System, 
the National Wildlife Refuge System, other lands administered by the 
Fish and Wildlife Service or the Secretary through the Fish and Wildlife 
Service, the National Wild and Scenic Rivers System, and the National 
System of Trails; and (2) all public lands administered by the Bureau of 
Land Management and of lands in the National Forest System (except those 
in wilderness areas, and those areas formally identified as primitive or 
natural areas or designated as national recreation areas) which closed 
the lands to appropriation under the Mining Law of 1872 (17 Stat. 91, as 
amended; 30 U.S.C. 22 et seq.) or to leasing under the Mineral Leasing 
Act of 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et seq.).


[[Page 1116]]

agencies which administer the lands. The President 
shall transmit this report to the President of the Senate and the 
Speaker of the House of Representatives, together with his 
recommendations for action by the Secretary, or for legislation. The 
Secretary may act to terminate withdrawals other than those made by Act 
of the Congress in accordance with the recommendations of the President 
unless before the end of ninety days (not counting days on which the 
Senate and the House of Representatives has adjourned for more than 
three consecutive days) beginning on the day the report of the President 
has been submitted to the Senate and the House of Representatives the 
Congress has adopted a concurrent resolution indicating otherwise. If 
the committee to which a resolution has been referred during the said 
ninety day period has not reported it at the end of thirty calendar days 
after its referral, it shall be in order to either discharge the 
committee from further consideration of such resolution or to discharge 
the committee from consideration of any other resolution with respect to 
the Presidential recommendation. A motion to discharge may be made only 
by an individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has reported such a 
resolution), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those opposing 
the resolution. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to. If the motion to discharge is agreed to 
or disagreed to, the motion may not be made with respect to any other 
resolution with respect to the same Presidential recommendation. When 
the committee has reported, or has been discharged from further 
consideration of a 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 resolution. 
The motion shall be highly privileged and shall not be debatable. An 
amendment to the motion shall not be in order, and it shall not be in 
order to move to reconsider the vote by which the motion was agreed to 
or disagreed to.

[[Page 1117]]

  (2) In the review required by paragraph (1) of this subsection, the 
Secretary shall determine whether, and for how long, the continuation of 
the existing withdrawal of the lands would be, in his judgment, 
consistent with the statutory objectives of the programs for which the 
lands were dedicated and of the other relevant programs. The Secretary 
shall report his recommendations to the President, together with 
statements of concurrence or nonconcurrence submitted by the heads of 
the departments or 


    23. Marine Fisheries Conservation Act, Sec. 203 [16 U.S.C. 1823]

  Sec. 203. congressional oversight of international fishery 
agreements.--(a) in general.--No governing international fishery 
agreement, bycatch reduction agreement, or Pacific Insular Area fishery 
agreement shall become effective with respect to the United States 
before the close of the first 120 days (excluding any days in a period 
for which the Congress is adjourned sine die) after the date on which 
the President transmits to the House of Representatives and to the 
Senate a document setting forth the text of such governing international 
fishery agreement, bycatch reduction agreement, or Pacific Insular Area 
fishery agreement. A copy of the document shall be delivered to each 
House of Congress on the same day and shall be delivered to the Clerk of 
the House of Representatives, if the House is not in session, and to the 
Secretary of the Senate, if the Senate is not in session.

  (b) referral to committees.--Any document described in subsection (a) 
shall be immediately referred in the House of Representatives to the 
Committee on Merchant Marine and Fisheries (now the Committee on 
Resources), and in the Senate to the Committees on Commerce and Foreign 
Relations.

  (c) congressional procedures.--(1) rules of the house of 
representatives and senate.--The provisions of this section are enacted 
by the Congress--

          (A) as an exercise of the rulemaking power of the House of 

        Representatives and the Senate, respectively, and they are 

        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 fishery agreement resolutions 

        described in paragraph (2), and they supersede other rules only 

        to the extent that they are inconsistent therewith; and

          (B) with full recognition of the constitutional right of 

        either House to change the rules (so far as they relate to the 

        procedure of that House) at any time, and in the same manner and 

        to the same extent as in the case of any other rule of that 

        House.


[[Page 1118]]

  (2) definition.--For purposes of this subsection, the term ``fishery 
agreement resolution'' refers to a joint resolution of either House of 
Congress--

          (A) the effect of which is to prohibit the entering into force 

        and effect of any governing international fishery agreement, 

        bycatch reduction agreement, or Pacific Insular Area fishery 

        agreement the text of which is transmitted to the Congress 

        pursuant to subsection (a); and

          (B) which is reported from the Committee on Merchant Marine 

        and Fisheries (now the Committee on Resources) of the House of 

        Representatives or the Committee on Commerce or the Committee on 

        Foreign Relations of the Senate, not later than 45 days after 

        the date on which the document described in subsection (a) 

        relating to that agreement is transmitted to the Congress.

  (3) placement on calendar.--Any fishery agreement resolution upon 
being reported shall immediately be placed on the appropriate calendar.

  (4) floor consideration in the house.--

          (A) A motion in the House of Representatives to proceed to the 

        consideration of any fishery agreement 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 

        disagreed to.

          (B) Debate in the House of Representatives on any fishery 

        agreement resolution shall be limited to not more than 10 hours, 

        which shall be divided equally between those favoring and those 

        opposing the resolution. A motion further to limit debate shall 

        not be debatable. It shall not be in order to move to recommit 

        any fishery agreement resolution or to move to reconsider the 

        vote by which any fishery agreement resolution is agreed to or 

        disagreed to.

          (C) Motions to postpone, made in the House of Representatives 

        with respect to the consideration of any fishery agreement 

        resolution, and motions to proceed to the consideration of other 

        business, shall be decided without debate.

          (D) 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 fishery agreement resolution shall 

        be decided without debate.

          (E) Except to the extent specifically provided in the 


[[Page 1119]]

        preceding provisions of this subsection, consideration 

        of any fishery agreement resolution shall be governed by the Rules 

        of the House of Representatives applicable to other bills and 


        resolutions in similar circumstances.


     24. Outer Continental Shelf Lands Act, Sec. 8 [43 U.S.C. 1337]


  Sec. 8. (a)(1) The Secretary is authorized to grant to the highest 
responsible qualified bidder or bidders by competitive bidding, under 
regulations promulgated in advance, any oil and gas lease on submerged 
lands of the Outer Continental Shelf which are not covered by leases 
meeting the requirements of subsection (a) of section 6 of this Act [43 
U.S.C. 1335(a)]. * * *


                                  * * *

  (4)(A) The Secretary of Energy shall submit any bidding system 
authorized in subparagraph (H) of paragraph (1) to the Senate and House 
of Representatives. The Secretary may institute such bidding system 
unless either the Senate or the House of Representatives passes a 
resolution of disapproval within thirty days after receipt of the 
bidding system.

  (B) Subparagraphs (C) through (J) of this paragraph are enacted by 
Congress--

          (i) as an exercise of the rulemaking power of the Senate and 

        the House of Representatives, respectively, and as such they are 

        deemed a part of the rules of each House, respectively, but they 

        are applicable only with respect to the procedures to be 

        followed in that House in the case of resolutions described by 

        this paragraph, and they supersede other rules only to the 

        extent that they are inconsistent therewith; and

          (ii) 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.


[[Page 1120]]

  (C) A resolution disapproving a bidding system submitted pursuant to 
this paragraph shall immediately be referred to a committee (and all 
resolutions with respect to the same request shall be referred to the 
same committee) by the President of the Senate or the Speaker of the 
House of Representatives, as the case may be.

  (D) If the committee to which has been referred any resolution 
disapproving the bidding system of the Secretary has not reported the 
resolution at the end of ten calendar days after its referral, it shall 
be 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 with respect to the same 
bidding system which has been referred to the committee.

  (E) A motion to discharge may be made only by an individual favoring 
the resolution, shall be highly privileged (except that it may not be 
made after the committee has reported a resolution with respect to the 
same recommendation), and debate thereon shall be limited to not more 
than one hour, to be divided equally between those favoring and those 
opposing the resolution. An amendment to the motion shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which the motion is agreed to or disagreed to.

  (F) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge the 
committee be made with respect to any other resolution with respect to 
the same bidding system.

  (G) When the committee has reported, or has been discharged from 
further consideration of, a resolution as provided in this paragraph, it 
shall be at any time thereafter in order (even though a previous motion 
to the same effect has been disagreed to) to move to proceed to the 
consideration of the resolution. The motion shall be highly privileged 
and shall not be debatable. An amendment to the motion shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which the motion is agreed to or disagreed to.

  (H) Debate on the resolution is limited to not more than two hours, to 
be divided equally between those favoring and those opposing the 
resolution. A motion further to limit debate is not debatable. An 
amendment to, or motion to recommit, the resolution is not in order, and 
it is not in order to move to reconsider the vote by which the 
resolution is agreed to or disagreed to.


[[Page 1121]]

  (I) Motions to postpone, made with respect to the discharge from the 
committee, or the consideration of a resolution with respect to a 
bidding system, and motions to proceed to the consideration of other 
business, shall be decided without debate.


  (J) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution with 
respect to a bidding system shall be decided without debate.


 a. high-level radioactive waste and spent nuclear fuel, Sec. Sec. 111-
      25. Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101 et seq]


                       125 [42 u.s.c. 10131-10145]


              review of repository site selection, Sec. 115


                            [42 U.S.C. 10135]

  Sec. 115. (a) definition.--For purposes of this section, the term 
``resolution of repository siting approval'' means a joint resolution of 
the Congress, the matter after the resolving clause of which is as 
follows: ``That there hereby is approved the site at ------ for a 
repository, with respect to which a notice of disapproval was submitted 
by ------ on ------''. The first blank space in such resolution shall be 
filled with the name of the geographic location of the proposed site of 
the repository to which such resolution pertains; the second blank space 
in such resolution shall be filled with the designation of the State 
Governor and legislature or Indian tribe governing body submitting the 
notice of disapproval to which such resolution pertains; and the last 
blank space in such resolution shall be filled with the date of such 
submission.

  (b) state or indian tribe petitions.--The designation of a site as 
suitable for application for a construction authorization for a 
repository shall be effective at the end of the 60-day period beginning 
on the date that the President recommends such site to the Congress 
under section 114, unless the Governor and the legislature of the State 
in which such site is located, or the governing body of an Indian tribe 
on whose reservation such site is located, as the case may be, has 
submitted to the Congress a notice of disapproval under section 116 or 
118. If any such notice of disapproval has been submitted, the 
designation of such site shall not be effective except as provided under 
subsection (c).


[[Page 1122]]

submitted to the Congress under section 116 or 118 after a recommendation 
for approval of such site is made by the President under section 114, such 
site shall be disapproved unless, during the first period of 90 calendar 
days of continuous session of the Congress after the date of the receipt 
by the Congress of such notice of disapproval, the Congress passes a 
resolution of repository siting approval in accordance with this 
subsection approving such site, and such resolution thereafter becomes 
law.
  (c) congressional review of petitions.--If any notice of disapproval 
of a repository site designation has been 


  (d) procedures applicable to the senate.--[see 42 U.S.C. 10135(d)]


                                  * * *

  (e) procedures applicable to the house of representatives.--(1) The 
provisions of this section are enacted by the Congress--

          (A) as an exercise of the rulemaking power of the House of 

        Representatives, and as such they are deemed a part of the rules 

        of the House, but applicable only with respect to the procedure 

        to be followed in the House in the case of resolutions of 

        repository siting approval, and such provisions supersede other 

        rules of the House only to the extent that they are inconsistent 

        with such other rules; and

          (B) with full recognition of the constitutional right of the 

        House to change the rules (so far as relating to the procedure 

        of the House) at any time, in the same manner and to the same 

        extent as in the case of any other rule of the House.

  (2) Resolutions of repository siting approval shall, upon 
introduction, be immediately referred by the Speaker of the House to the 
appropriate committee or committees of the House. Any such resolution 
received from the Senate shall be held at the Speaker's table.

  (3) Upon the expiration of 60 days of continuous session after the 
introduction of the first resolution of repository siting approval with 
respect to any site, each committee to which such resolution was 
referred shall be discharged from further consideration of such 
resolution, and such resolution shall be referred to the appropriate 
calendar, unless such resolution or an identical resolution was 
previously reported by each committee to which it was referred.


[[Page 1123]]

priate calendar for 5 legislative days. When any such resolution is 
called up, the House shall proceed to its immediate consideration and 
the Speaker shall recognize the Member calling up such resolution and 
a Member opposed to such resolution for 2 hours of debate in the House, 
to be equally divided and controlled by such Members. When such time has 
expired, the previous question shall be considered as ordered on the 
resolution to adoption without intervening motion. No amendment to any 
such resolution shall be in order, nor shall it be in order to move to 
reconsider the vote by which such resolution is agreed to or disagreed to.
  (4) It shall be in order for the Speaker to recognize a Member 
favoring a resolution to call up a resolution of repository siting 
approval after it has been on the appro-

  (5) If the House receives from the Senate a resolution of repository 
siting approval with respect to any site, then the following procedures 
shall apply:

          (A) The resolution of the Senate with respect to such site 

        shall not be referred to a committee.

          (B) With respect to the resolution of the House with respect 

        to such site--

                  (i) the procedure with respect to that or other 

                resolutions of the House with respect to such site shall 

                be the same as if no resolution from the Senate with 

                respect to such site had been received; but

                  (ii) on any vote on final passage of a resolution of 

                the House with respect to such site, a resolution from 

                the Senate with respect to such site where the text is 

                identical shall be automatically substituted for the 

                resolution of the House.

  (f) computation of days.--For purposes of this section--

          (1) continuity of session of Congress is broken only by an 

        adjournment sine die; and

          (2) the days on which either House is not in session because 

        of an adjournment of more than 3 days to a day certain are 

        excluded in the computation of the 90-day period referred to in 

        subsection (c) and the 60-day period referred to in subsections 


        (d) and (e).


[[Page 1124]]

                                  * * *


    b. interim storage program, Sec. Sec. 131-37 [42 u.s.c. 10151-57]


        review of storage sites and state participation, Sec. 135


                            [42 U.S.C. 10155]

  Sec. 135. * * * (d) * * * (6)(A) Upon deciding to provide an aggregate 
of 300 or more metric tons of storage capacity under subsection (a)(1) 
at any one site, the Secretary shall notify the Governor and legislature 
of the State where such site is located, or the governing body of the 
Indian tribe in whose reservation such site is located, as the case may 
be, of such decision. During the 60-day period following receipt of 
notification by the Secretary of his decision to provide an aggregate of 
300 or more metric tons of storage capacity at any one site, the 
Governor or legislature of the State in which such site is located, or 
the governing body of the affected Indian tribe where such site is 
located, as the case may be, may disapprove the provision of 300 or more 
metric tons of storage capacity at the site involved and submit to the 
Congress a notice of such disapproval. A notice of disapproval shall be 
considered to be submitted to the Congress on the date of the 
transmittal of such notice of disapproval to the Speaker of the House 
and the President pro tempore of the Senate. Such notice of disapproval 
shall be accompanied by a statement of reasons explaining why the 
provision of such storage capacity at such site was disapproved by such 
Governor or legislature or the governing body of such Indian tribe.

  (B) Unless otherwise provided by State law, the Governor or 
legislature of each State shall have authority to submit a notice of 
disapproval to the Congress under subparagraph (A). In any case in which 
State law provides for submission of any such notice of disapproval by 
any other person or entity, any reference in this subtitle to the 
Governor or legislature of such State shall be considered to refer 
instead to such other person or entity.

  (C) The authority of the Governor and legislature of each State under 
this paragraph shall not be applicable with respect to any site located 
on a reservation.


[[Page 1125]]

following the date of the receipt by the Congress of such 
notice of disapproval, the Congress passes a resolution approving such 
proposed provision of storage capacity in accordance with the procedures 
established in this paragraph and subsections (d) through (f) of section 
115 and such resolution thereafter becomes law. For purposes of this 
paragraph, the term ``resolution'' means a joint resolution of either 
House of the Congress, the matter after the resolving clause of which is 
as follows: ``That there hereby is approved the provision of 300 or more 
metric tons of spent nuclear fuel storage capacity at the site located 
at ------, with respect to which a notice of disapproval was submitted 
by ------ on ------.''. The first blank space in such resolution shall 
be filled with the geographic location of the site involved; the second 
blank space in such resolution shall be filled with the designation of 
the State Governor and legislature or affected Indian tribe governing 
body submitting the notice of disapproval involved; and the last blank 
space in such resolution shall be filled with the date of submission of 
such notice of disapproval.
  (D) If any notice of disapproval is submitted to the Congress under 
subparagraph (A), the proposed provision of 300 or more metric tons of 
storage capacity at the site involved shall be disapproved unless, 
during the first period of 90 calendar days of continuous session of the 
Congress 


  (E) For purposes of the consideration of any resolution described in 
subparagraph (D), each reference in subsections (d) and (e) of section 
115 to a resolution of repository siting approval shall be considered to 
refer to the resolution described in such subparagraph.


                                  * * *


           c. monitored retrievable storage, Sec. Sec. 141-49


                     secretarial proposal, Sec. 141


                            [42 U.S.C. 10161]

  Sec. 141. * * * (b) submission of proposal by secretary.--(1) On or 
before June 1, 1985, the Secretary shall complete a detailed study of 
the need for and feasibility of, and shall submit to the Congress a 
proposal for, the construction of one or more monitored retrievable 
storage facilities for high-level radioactive waste and spent nuclear 
fuel. Each such facility shall be designed--

          (A) to accommodate spent nuclear fuel and high-level 


[[Page 1126]]

        radioactive waste resulting from civilian nuclear activities;

          (B) to permit continuous monitoring, management, and 

        maintenance of such spent fuel and waste for the foreseeable 

        future;

          (C) to provide for the ready retrieval of such spent fuel and 

        waste for further processing or disposal; and

          (D) to safely store such spent fuel and waste as long as may 

        be necessary by maintaining such facility through appropriate 

        means, including any required replacement of such facility. * * 


        *


                                  * * *


  (h) participation of states and indian tribes.--Any facility 
authorized pursuant to this section shall be subject to the provisions 
of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of 
carrying out the provisions of this subsection, any reference in 
sections 115 through 118 to a repository shall be considered to refer to 
a monitored retrievable storage facility.


                        site selection, Sec. 145


                            [42 U.S.C. 10165]


  Sec. 145. (a) in general.--The Secretary may select the site evaluated 
under section 144 that the Secretary determines on the basis of 
available information to be the most suitable for a monitored 
retrievable storage facility that is an integral part of the system for 
the disposal of spent nuclear fuel and high-level radioactive waste 
established under this Act.


                                  * * *


                     notice of disapproval, Sec. 146


                            [42 U.S.C. 10166]


[[Page 1127]]

under section 145 shall not be effective except as provided under section 
115(c).
  Sec. 146. (a) in general.--The selection of a site under section 145 
shall be effective at the end of the period of 60 calendar days 
beginning on the date of notification under such subsection, unless the 
governing body of the Indian tribe on whose reservation such site is 
located, or, if the site is not on a reservation, the Governor and the 
legislature of the State in which the site is located, has submitted to 
Congress a notice of disapproval with respect to such site. If any such 
notice of disapproval has been submitted under this subsection, the 
selection of the site 


  (b) references.--For purposes of carrying out the provisions of this 
subsection, references in section 115(c) to a repository shall be 
considered to refer to a monitored retrievable storage facility and 
references to a notice of disapproval of a repository site designation 
under section 116(b) or 118(a) shall be considered to refer to a notice 
of disapproval under this section.


                26. Defense Base Closure and Realignment.

  a. defense base closure and realignment act of 1990, Sec. Sec. 2903, 


                  2904, and 2908 [10 u.s.c. 2687 note]


      recommendations for base closures and realignments, Sec. 2903


  Sec. 2903. * * * (c) dod recommendations.--(1) The Secretary may, by 
no later than April 15, 1991, April 15, 1993, and April 15, 1995, 
publish in the Federal Register and transmit to the congressional 
defense committees and to the Commission a list of the military 
installations inside the United States that the Secretary recommends for 
closure or realignment * * *


  (d) review and recommendations by the commission.-- * * * (2)(A) The 
Commission shall, by no later than July 1 of each year in which the 
Secretary transmits recommendations to it pursuant to subsection (c), 
transmit to the President a report containing the Commission's findings 
and conclusions based on a review and analysis of the recommendations 
made by the Secretary, together with the Commission's recommendations 
for closures and realignments of military installations inside the 
United States.


                                   * * *

  (e) review by the president.--(1) The President shall, by no later 
than July 15 of each year in which the Commission makes recommendations 
under subsection (d), transmit to the Commission and to the Congress a 
report containing the President's approval or disapproval of the 
Commission's recommendations.


[[Page 1128]]

such recommendations to the Congress, together with a certification of 
such approval.
  (2) If the President approves all the recommendations of the 
Commission, the President shall transmit a copy of 

  (3) If the President disapproves the recommendations of the 
Commission, in whole or in part, the President shall transmit to the 
Commission and the Congress the reasons for that disapproval. The 
Commission shall then transmit to the President, by no later than August 
15 of the year concerned, a revised list of recommendations for the 
closure and realignment of military installations.

  (4) If the President approves all of the revised recommendations of 
the Commission transmitted to the President under paragraph (3), the 
President shall transmit a copy of such revised recommendations to the 
Congress, together with a certification of such approval.


  (5) If the President does not transmit to the Congress an approval and 
certification described in paragraph (2) or (4) by September 1 of any 
year in which the Commission has transmitted recommendations to the 
President under this part, the process by which military installations 
may be selected for closure or realignment under this part with respect 
to that year shall be terminated.


      closure and realignment of military installations, Sec. 2904

  Sec. 2904. (a) in general.--Subject to subsection (b), the Secretary 
shall--

          (1) close all military installations recommended for closure 

        by the Commission in each report transmitted to the Congress by 

        the President pursuant to section 2903(e);

          (2) realign all military installations recommended for 

        realignment by such Commission in each such report;

          (3) initiate all such closures and realignments no later than 

        two years after the date on which the President transmits a 

        report to the Congress pursuant to section 2903(e) containing 

        the recommendations for such closures or realignments; and

          (4) complete all such closures and realignments no later than 

        the end of the six-year period beginning on the date on which 

        the President transmits the report pursuant to section 2903(e) 

        containing the recommendations for such closures or 

        realignments.


[[Page 1129]]

ommended by the Commission in a report transmitted from the President 
pursuant to section 2903(e) if a joint resolution is enacted, in 
accordance with the provisions of section 2908, disapproving such 
recommendations of the Commission before the earlier of--
  (b) congressional disapproval.--(1) The Secretary may not carry out 
any closure or realignment rec-

          (A) the end of the 45-day period beginning on the date on 

        which the President transmits such report; or

          (B) the adjournment of Congress sine die for the session 

        during which such report is transmitted.


  (2) For purposes of paragraph (1) of this subsection and subsections 
(a) and (c) of section 2908, the days on which either House of Congress 
is not in session because of an adjournment of more than three days to a 
day certain shall be excluded in the computation of a period.


                                  * * *


       congressional consideration of commission report, Sec. 2908

  Sec. 2908. (a) terms of the resolution.--For purposes of section 
2904(b), the term ``joint resolution'' means only a joint resolution 
which is introduced within the 10-day period beginning on the date on 
which the President transmits the report to the Congress under section 
2903(e), and--

          (1) which does not have a preamble;

          (2) the matter after the resolving clause of which is as 

        follows: ``That Congress disapproves the recommendations of the 

        Defense Base Closure and Realignment Commission as submitted by 

        the President on ------'', the blank space being filled in with 

        the appropriate date; and

          (3) the title of which is as follows: ``Joint resolution 

        disapproving the recommendations of the Defense Base Closure and 

        Realignment Commission.''.

  (b) referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on National Security of the House of Representatives. A 
resolution described in subsection (a) introduced in the Senate shall be 
referred to the Committee on Armed Services of the Senate.


[[Page 1130]]

President transmits the report to the Congress under section 2903(e), 
such committee shall be, at the end of such period, discharged from 
further consideration of such resolution, and such resolution shall be 
placed on the appropriate calendar of the House involved.
  (c) discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the 

  (d) consideration.--(1) On or after the third day after the date on 
which the committee to which such a resolution is referred has reported, 
or has been discharged (under subsection (c)) from further consideration 
of, such a resolution, it is in order (even though a previous motion to 
the same effect has been disagreed to) for any Member of the respective 
House to move to proceed to the consideration of the resolution. A 
Member may make the motion only on the day after the calendar day on 
which the Member announces to the House concerned the Member's intention 
to make the motion, except that, in the case of the House of 
Representatives, the motion may be made without such prior announcement 
if the motion is made by direction of the committee to which the 
resolution was referred. All points of order against the resolution (and 
against consideration of the resolution) are waived. The motion is 
highly privileged in the House of Representatives and is privileged in 
the Senate and is not debatable. The motion is not subject to amendment, 
or to a motion to postpone, or to a motion to proceed to the 
consideration of other business. 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 respective House shall immediately proceed to consideration of the 
joint resolution without intervening motion, order, or other business, 
and the resolution shall remain the unfinished business of the 
respective House until disposed of.

  (2) Debate on the resolution, and on all debatable motions and appeals 
in connection therewith, shall be limited to not more than 2 hours, 
which shall be divided equally between those favoring and those opposing 
the resolution. An amendment to the resolution is not in order. A motion 
further to limit debate is in order and not debatable. A motion to 
postpone, or a motion to proceed to the consideration of other business, 
or a motion to recommit the resolution is not in order. A motion to 
reconsider the vote by which the resolution is agreed to or disagreed to 
is not in order.


[[Page 1131]]

quorum call at the conclusion of the debate if requested in accordance 
with the rules of the appropriate House, the vote on final passage of the 
resolution shall occur.
  (3) Immediately following the conclusion of the debate on a resolution 
described in subsection (a) and a single 

  (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate.

  (e) consideration by other house.--(1) If, before the passage by one 
House of a resolution of that House described in subsection (a), that 
House receives from the other House a resolution described in subsection 
(a), then the following procedures shall apply:

          (A) The resolution of the other House shall not be referred to 

        a committee and may not be considered in the House receiving it 

        except in the case of final passage as provided in subparagraph 

        (B)(ii).

          (B) With respect to a resolution described in subsection (a) 

        of the House receiving the resolution--

                  (i) the procedure in that House shall be the same as 

                if no resolution had been received from the other House; 

                but

                  (ii) the vote on final passage shall be on the 

                resolution of the other House.

  (2) Upon disposition of the resolution received from the other House, 
it shall no longer be in order to consider the resolution that 
originated in the receiving House.

  (f) rules of the senate and house.--This section is 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 applicable 

        only with respect to the procedure to be followed in that House 

        in the case of a resolution described in subsection (a), 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 


[[Page 1132]]


        the same extent as in the case of any other rule of that House.

    b. emergency supplemental appropriations and rescissions for the 
department of defense to preserve and enhance military readiness act of 


            1994, Sec. 112 [p.l. 104-6; 10 u.s.c. 2687 note]


              department of defense--military construction

  Sec. 112. None of the funds made available to the Department of 
Defense for any fiscal year for military construction or family housing 
may be obligated to initiate construction projects upon enactment of 
this Act for any project on an installation that--

          (1) was included in the closure and realignment 

        recommendations submitted by the Secretary of Defense to the 

        Base Closure and Realignment Commission on February 28, 1995, 

        unless removed by the Base Closure and Realignment Commission, 

        or

          (2) is included in the closure and realignment recommendation 

        as submitted to Congress in 1995 in accordance with the Defense 

        Base Closure and Realignment Act of 1990, as amended (Public Law 


        101-510):
Provided, That the prohibition on obligation of funds for projects 
located on an installation cited for realignment are only to be in 
effect if the function or activity with which the project is associated 
will be transferred from the installation as a result of the 
realignment: Provided further, That this provision will remain in effect 
unless the Congress enacts a Joint Resolution of Disapproval in 
accordance with the Defense Base Closure and Realignment Act of 1990, as 
amended (Public Law 101-510).

   27. Metropolitan Washington Airports Act of 1986, Sec. 6007(f)(5) 


                     [formerly 49 U.S.C. app. 2456]

  (5) congressional disapproval procedure.--

          (A) in general.--This paragraph is enacted by Congress--

                  (i) as an exercise of the rulemaking power of the 

                Senate and the House of Representatives, respectively, 

                and as such these provisions are deemed a part of the 

                rule of each House, respectively, but applicable only 

                with respect to the procedure to be followed in that 

                House in the case of resolutions described by this 


[[Page 1133]]

                paragraph; and they 

                supersede other rules only to the extent that they are 

                inconsistent therewith; and

                  (ii) with full recognition of the constitutional right 

                of either House to change the rule (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.

          (B) resolution defined.--For the purpose of this paragraph, 

        the term ``resolution'' means only a joint resolution, relating 

        to an action of the board of directors transmitted to Congress 

        in accordance with paragraph (4)(D)(ii), the matter after the 

        resolving clause of which is as follows: ``That the Congress 

        disapproves of the action of the board of directors of the 

        Metropolitan Washington Airports Authority described as follows: 

        .'', the blank space therein being appropriately filled. Such 

        term does not include a resolution which specifies more than one 

        action.

          (C) referral.--A resolution with respect to a board of 

        director's action shall be referred to the Committee on 

        Transportation and Infrastructure of the House of 

        Representatives, or the Committee on Commerce, Science and 

        Technology of the Senate, by the Speaker of the House of 

        Representatives or the President of the Senate, as the case may 

        be.

          (D) motion to discharge.--If the committee to which a 

        resolution has been referred has not reported it at the end of 

        20 calendar days after its introduction, it is in order to move 

        to discharge the committee from further consideration of that 

        joint resolution or any other resolution with respect to the 

        board of directors action which has been referred to the 

        committee.

          (E) rules with respect to motion.--A motion to discharge may 

        be made only by an individual favoring the resolution, is highly 

        privileged (except that it may not be made after the committee 

        has reported a resolution with respect to the same action), and 

        debate thereon shall be limited to not more than 1 hour, to be 

        divided equally between those favoring and those opposing the 

        resolution. 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. Motions to postpone shall 

        be decided without debate.

          (F) effect of motion.--If the motion to discharge is agreed to 


[[Page 1134]]

        or disagreed to, the motion may not be re-

        newed, nor may another motion to discharge the committee be made 

        with respect to any other resolution with respect to the same action.


          (G) senate procedure.--


                                  * * *

          (H) effect of adoption of resolution by other house.--If, 

        before the passage by 1 House of a joint resolution of that 

        House, that House receives from the other House a joint 

        resolution, then the following procedures shall apply:

                  (i) The joint resolution of the other House shall not 

                be referred to a committee and may not be considered in 

                the House receiving it, except in the case of final 

                passage as provided in clause (ii)(I).

                  (ii) With respect to a joint resolution described in 


                clause (i) of the House receiving the joint resolution--


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


Upon disposition of the joint resolution received from the other House, 
it shall no longer be in order to consider the joint resolution that 
originated in the receiving House.

  (II) the vote on final passage shall be on the joint resolution of the 
other House.


       28. Uruguay Round Agreements Act, Sec. 125 [19 U.S.C. 3535]

  Sec. 125. review of participation in the wto.--

  (a) report on the operation of the wto.--The first annual report 
submitted to the Congress under section 124--

          (1) after the end of the 5-year period beginning on the date 

        on which the WTO Agreement enters into force with respect to the 

        United States, and

          (2) after the end of every 5-year period thereafter, shall 

        include an analysis of the effects of the WTO Agreement on the 

        interests of the United States, the costs and benefits to the 

        United States of its participation in the WTO, and the value of 

        the continued participation of the United States in the WTO.


[[Page 1135]]

  (b) congressional disapproval of u.s. participation in the wto.--

          (1) general rule.--The approval of the Congress, provided 

        under section 101(a), of the WTO Agreement shall cease to be 

        effective if, and only if, a joint resolution described in 

        subsection (c) is enacted into law pursuant to the provisions of 

        paragraph (2).

          (2) procedural provisions.--(A) The requirements of this 

        paragraph are met if the joint resolution is enacted under 

        subsection (c), and--

                  (i) the Congress adopts and transmits the joint 

                resolution to the President before the end of the 90-day 

                period (excluding any day described in section 154(b) of 

                the Trade Act of 1974), beginning on the date on which 

                the Congress receives a report referred to in subsection 

                (a), and

                  (ii) if the President vetoes the joint resolution, 

                each House of Congress votes to override that veto on or 

                before the later of the last day of the 90-day period 

                referred to in clause (i) or the last day of the 15-day 

                period (excluding any day described in section 154(b) of 

                the Trade Act of 1974) beginning on the date on which 

                the Congress receives the veto message from the 

                President.

          (B) A joint resolution to which this section applies may be 

        introduced at any time on or after the date on which the 

        President transmits to the Congress a report described in 

        subsection (a), and before the end of the 90-day period referred 

        to in subparagraph (A).

  (c) joint resolutions.--

          (1) joint resolutions.--For purposes of this section, the term 

        ``joint resolution'' means only a joint resolution of the 2 

        Houses of Congress, the matter after the resolving clause of 

        which is as follows: ``That the Congress withdraws its approval, 

        provided under section 101(a) of the Uruguay Round Agreements 

        Act, of the WTO Agreement as defined in section 2(9) of that 

        Act.''.

          (2) procedures.--(A) Joint resolutions may be introduced in 

        either House of the Congress by any member of such House.

          (B) Subject to the provisions of this subsection, the 

        provisions of subsections (b), (d), (e), and (f) of section 152 

        of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f)) 

        apply to joint resolutions to the same extent as such provisions 


[[Page 1136]]

        apply to resolutions under such section.

          (C) If the committee of either House to which a joint 

        resolution has been referred has not reported it by the close of 

        the 45th day after its introduction (excluding any day described 

        in section 154(b) of the Trade Act of 1974), such committee 

        shall be automatically discharged from further consideration of 

        the joint resolution and it shall be placed on the appropriate 

        calendar.

          (D) It is not in order for--

                  (i) the Senate to consider any joint resolution unless 

                it has been reported by the Committee on Finance or the 

                committee has been discharged under subparagraph (C); or

                  (ii) the House of Representatives to consider any 

                joint resolution unless it has been reported by the 

                Committee on Ways and Means or the committee has been 

                discharged under subparagraph (C).

          (E) A motion in the House of Representatives to proceed to the 

        consideration of a joint resolution 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 or her 

        intention to do so.

          (3) 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 joint resolution (other than a joint 

        resolution received from the other House), if that House has 

        previously adopted a joint resolution under this section.

  (d) rules of house of representatives and senate.--This section is 
enacted by the Congress--

          (1) as an exercise of the rulemaking power of the House of 

        Representatives and the Senate, respectively, and as such is 

        deemed a part of the rules of each House, respectively, and such 

        procedures supersede other rules only to the extent that they 

        are inconsistent with such other rules; and

          (2) with the full recognition of the constitutional right of 

        either House to change the rules (so far as relating to the 

        procedures of that House) at any time, in the same manner, and 


[[Page 1137]]

 29. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]

        to the same extent as any other rule of that House.

  Sec. 304. substantive regulations.


  (a) regulations.--

          (1) in general.--The procedures applicable to the regulations 

        of the Board issued for the implementation of this Act, which 

        shall include regulations the Board is required to issue under 

        title II (including regulations on the appropriate application 

        of exemptions under the laws made applicable in title II) are 

        prescribed in this section.

          (2) rulemaking procedure.--Such regulations of the Board--

                  (A) shall be adopted, approved, and issued in 

                accordance with subsection (b); and

                  (B) shall consist of 3 separate bodies of regulations, 


                which shall apply, respectively, to--


  (i) the Senate and Employees of the Senate;


  (ii) the House of Representatives and employees of the House of 
Representatives; and


  (iii) all other covered employees and employing offices.

  (b) adoption by the board.--The Board shall adopt the regulations 
referred to in subsection (a)(1) in accordance with the principles and 
procedures set forth in section 553 of title 5, United States Code, and 
as provided in the following provisions of this subsection:

          (1) proposal.--The Board shall publish a general notice of 

        proposed rulemaking under section 553(b) of title 5, United 

        States Code, but, instead of publication of a general notice of 

        proposed rulemaking in the Federal Register, the Board shall 

        transmit such notice to the Speaker of the House of 

        Representatives and the President pro tempore of the Senate for 

        publication in the Congressional Record on the first day on 

        which both Houses are in session following such transmittal. 

        Such notice shall set forth the recommendations of the Deputy 

        Director for the Senate in regard to regulations under 

        subsection (a)(2)(B)(i), the recommendations of the Deputy 

        Director for the House of Representatives in regard to 

        regulations under subsection (a)(2)(B)(ii), and the 


[[Page 1138]]

        recommendations of the Execu-

        tive Director for regulations under subsection (a)(2)(B)(iii).

          (2) comment.--Before adopting regulations, the Board shall 

        provide a comment period of at least 30 days after publication 

        of a general notice of proposed rulemaking.

          (3) adoption.--After considering comments, the Board shall 

        adopt regulations and shall transmit notice of such action 

        together with a copy of such regulations to the Speaker of the 

        House of Representatives and the President pro tempore of the 

        Senate for publication in the Congressional Record on the first 

        day on which both Houses are in session following such 

        transmittal.

          (4) recommendation as to method of approval.--The Board shall 

        include a recommendation in the general notice of proposed 

        rulemaking and in the regulations as to whether the regulations 

        should be approved by resolution of the Senate, by resolution of 

        the House of Representatives, by concurrent resolution, or by 

        joint resolution.

  (c) approval of regulations.--

          (1) in general.--Regulations referred to in paragraph 

        (2)(B)(i) of subsection (a) may be approved by the Senate by 

        resolution or by the Congress by concurrent resolution or by 

        joint resolution. Regulations referred to in paragraph 

        (2)(B)(ii) of subsection (a) may be approved by the House of 

        Representatives by resolution or by the Congress by concurrent 

        resolution or by joint resolution. Regulations referred to in 

        paragraph (2)(B)(iii) may be approved by Congress by concurrent 

        resolution or by joint resolution.

          (2) referral.--Upon receipt of a notice of adoption of 

        regulations under subsection (b)(3), the presiding officers of 

        the House of Representatives and the Senate shall refer such 

        notice, together with a copy of such regulations, to the 

        appropriate committee or committees of the House of 

        Representatives and of the Senate. The purpose of the referral 

        shall be to consider whether such regulations should be 

        approved, and, if so, whether such approval should be by 

        resolution of the House of Representatives or of the Senate, by 

        concurrent resolution or by joint resolution.

          (3) joint referral and discharge in the senate.--The presiding 

        officer of the Senate may refer the notice of issuance of 


[[Page 1139]]

        regulations, or any resolution 

        of approval of regulations, to one committee or jointly to more 

        than one committee. If a committee of the Senate acts to report a 

        jointly referred measure, any other committee of the Senate must 

        act within 30 calendar days of continuous session, or be 

        automatically discharged.

          (4) one-house resolution or concurrent resolution.--In the 

        case of a resolution of the House of Representatives or the 

        Senate or a concurrent resolution referred to in paragraph (1), 

        the matter after the resolving clause shall be the following: 

        ``The following regulations issued by the Office of Compliance 

        on -------- are hereby approved:'' (the blank space being 

        appropriately filled in, and the text of the regulations being 

        set forth).

          (5) joint resolution.--In the case of joint resolution 

        referred to in paragraph (1), the matter after the resolving 

        clause shall be the following: ``The following regulations 

        issued by the Office of Compliance on ------ are hereby approved 

        and shall have the force and effect of law:'' (the blank space 

        being appropriately filled in, and the text of the regulations 

        being set forth).

  (d) issuance and effective date.--

          (1) publication.--After approval of regulations under 

        subsection (c), the Board shall submit the regulations to the 

        Speaker of the House of Representatives and the President pro 

        tempore of the Senate for publication in the Congressional 

        Record on the first day on which both Houses are in session 

        following such transmittal.

          (2) date of issuance.--The date of issuance of regulations 

        shall be the date on which they are published in the 

        Congressional Record under paragraph (1).

          (3) effective date.--Regulations shall become effective not 

        less than 60 days after the regulations are issued, except that 

        the Board may provide for an earlier effective date for good 

        cause found (within the meaning of section 553(d)(3) of title 5, 

        United States Code) and published with the regulation.


[[Page 1140]]

that satisfy the criteria for dispensing with publication of such notice 
pursuant to section 553(b)(B) of title 5, United States Code.

  (e) amendment of regulations.--Regulations may be amended in the same 
manner as is described in this section for the adoption, approval, and 
issuance of regulations, except that the Board may, in its discretion, 
dispense with publications of a general notice of proposed rulemaking of 
minor, technical, or urgent amendments 


                                  * * *


  In the 104th Congress the House agreed to a concurrent resolution 
approving with changes regulations promulgated by the Office of 
Compliance under this provision (S. Con. Res. 51, Apr. 15, 1996, p. ----).

     30. Foreign Operations, Export Financing, and Related Programs 


           Appropriations Act, 1997, Sec. 518A (P.L. 104-208)


  This provision was applicable only at the beginning of the 105th 
Congress.


                  authorization for population planning

  Sec. 518A. (a) None of the funds made available in title II of this 
Act for population planning activities or other population assistance 
pursuant to section 104(b) of the Foreign Assistance Act or any other 
provision of law may be obligated or expended prior to July 1, 1997.

  (b) Not to exceed $385,000,000 of the funds appropriated in title II 
of this Act may be made available for population planning activities or 
other population assistance.

  (c) Such funds may be apportioned only on a monthly basis, and such 
monthly apportionments may not exceed 8 percent of the total available 
for such activities.

  (d) Not later than February 1, 1997, the President shall submit a 
finding to the Congress regarding the impact of the limitation on 
obligations imposed by subsection (a) of this section on the proper 
functioning of the population planning program. If such Presidential 
finding indicates that the limitation is having a negative impact on the 
proper functioning of the population planning program, funds for 
population planning activities and other population assistance referred 
to in subsection (a) may be made available beginning March 1, 1997, 
notwithstanding the July 1, 1997, limitation set forth in subsection 
(a), if the Congress approves such finding by adoption of a joint 
resolution of approval not later than February 28, 1997, in accordance 
with subsection (e).


[[Page 1141]]

  (e) congressional review procedure.--

          (1) This subsection is enacted by Congress--

                  (A) as an exercise of the rulemaking power of the 

                House of Representatives and the Senate, 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 resolutions described by paragraph (2) of this 

                subsection; and it supersedes other rules only to the 

                extent that it is inconsistent therewith; and

                  (B) with full recognition of the constitutional right 

                of either House to change the rules (so far as those 

                rules relate 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 such House.

          (2) For purposes of this section, the term ``resolution'' 

        means a joint resolution, the text of which is as follows: 

        ``That the House of Representatives and Senate approve the 

        Presidential finding, submitted to the Congress on ------, that 

        the limitation on obligations imposed by section 518A(a) of the 

        Foreign Operations, Export Financing, and Related Programs 

        Appropriations Act, 1997, is having a negative impact on the 

        proper functioning of the population planning program.''. The 

        blank space therein shall be filled with the date on which the 

        President submits his finding to the House of Representatives 

        and the Senate.

          (3) On the day on which the President submits a finding under 

        this section to the Congress, a joint resolution described in 

        paragraph (2) shall be introduced (by request) in the House by 

        the majority leader of the House, for himself and the minority 

        leader of the House, or by Members of the House designated by 

        the majority leader and minority leader of the House; and shall 

        be introduced (by request) in the Senate by the majority leader 

        of the Senate, for himself and the minority leader of the 

        Senate, or by Members of the Senate designated by the majority 

        leader and minority leader of the Senate. If either House is not 

        in session on the day on which the President submits such 

        finding, the resolution shall be introduced in that House, as 

        provided in the preceding sentence, on the first day thereafter 

        on which that House is in session. A resolution once introduced 

        in the House with respect to a Presidential finding under this 


[[Page 1142]]

        section shall be re-

        ferred to 1 or more committees (and all resolutions with respect 

        to the same Presidential finding shall be referred to the same 

        committee or committees) by the Speaker of the House of 

        Representatives. A resolution once introduced in the Senate with 

        respect to a Presidential finding under this section shall be 

        referred to the appropriate committee (and all resolutions with 

        respect to the same Presidential finding shall be referred to the 

        same committee) by the President of the Senate.

          (4) No amendment to a resolution introduced under this section 

        shall be in order in either the House of Representatives or the 

        Senate; and no motion to suspend the application of this 

        subsection shall be in order in either House, nor shall it be in 

        order in either House for the presiding officer to entertain a 

        request to suspend the application of this subsection by 

        unanimous consent.

          (5)(A) If any committee to which a resolution with respect to 

        a Presidential finding under this section has been referred has 

        not reported it at the end of 5 calendar days after its 

        introduction, such committee shall be automatically discharged 

        from further consideration of the resolution and it shall be 

        placed on the appropriate calendar. A vote on final passage of 

        the resolution, shall be taken in each House on or before 

        February 28, 1997. If prior to the passage by 1 House of a 

        resolution of that House under this section, that House receives 

        the same resolution from the other House, then--

                  (i) the procedure in that House shall be the same as 

                if no resolution had been received from the other House, 

                but

                  (ii) the vote on final passage shall be on the 

                resolution of the other House.

          (6)(A) A motion in the House of Representatives to proceed to 

        the consideration of a resolution under this section 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.

          (B) Debate in the House of Representatives on the resolution 

        described in paragraph (2) of this subsection shall be limited 

        to not more than 2 hours, which shall be divided equally between 

        those favoring and those opposing such resolution. A motion to 


[[Page 1143]]

        fur-

        ther limit debate shall not be debatable. It shall not be in 

        order to move to recommit a resolution or to move to reconsider 

        the vote by which such resolution was agreed to or disagreed to.

          (C) Appeals from the decision of the Chair relating to the 

        application of the rules of the House of Representatives to the 

        procedures relating to a resolution under this section shall be 

        decided without debate.

          (D) Except to the extent specifically provided in preceding 

        provisions of this subsection, consideration in the House of 

        Representatives of a resolution under this subsection shall be 

        governed by the rules of the House of Representatives applicable 

        to other resolutions in similar circumstances.

          (7)(A) A motion in the Senate to proceed to the consideration 

        of a resolution under this section shall not debatable. It shall 

        not be in order to move to reconsider the vote by which the 

        motion is agreed to or disagreed to.

          (B) Debate in the Senate on the resolution described in 

        paragraph (2) of this subsection, and all debatable motions and 

        appeals in connection therewith, shall be limited to not more 

        than 2 hours. The time shall 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 appeal.

          (C) A motion in the Senate to further limit debate is not 


31. Treasury, Postal Service, and General Government Appropriations Act, 
        debatable. A motion to recommit a resolution is not in order.


                      1997, Sec. 628 (P.L. 104-208)


[[Page 1144]]

ary to a Government employee would result in a decision, determination, 
rule, regulation, or policy that would permit the Secretary of the Treasury 
to make any loan or extension of credit under section 5302 of title 31, 
United States Code, with respect to a single foreign entity or 
government of a foreign country (including agencies or other entities of 
that government)--
  Sec. 628. (a) in general.--Notwithstanding any other provision of law, 
none of the funds made available by this Act for the Department of the 
Treasury shall be available for any activity or for paying the salary of 
any Government employee where funding an activity or paying a sal-

          (1) with respect to a loan or extension of credit for more 

        than 60 days, unless the President certifies to the Committee on 

        Banking, Housing, and Urban Affairs of the Senate and the 

        Committee on Banking and Financial Services of the House of 

        Representatives that--

                  (A) there is no projected cost (as that term is 

                defined in section 502 of the Federal Credit Reform Act 

                of 1990) to the United States from the proposed loan or 

                extension of credit; and

                  (B) any proposed obligation or expenditure of United 

                States funds to or on behalf of the foreign government 

                is adequately backed by an assured source of repayment 

                to ensure that all United States funds will be repaid; 

                and

          (2) other than as provided by an Act of Congress, if that loan 

        or extension of credit would result in expenditures and 

        obligations, including contingent obligations, aggregating more 

        than $1,000,000,000 with respect to that foreign country for 

        more than 180 days during the 12-month period beginning on the 

        date on which the first such action is taken.

  (b) waiver of limitations.--The President may exceed the dollar and 
time limitations in subsection (a)(2) if he certifies in writing to the 
Congress that a financial crisis in that foreign country poses a threat 
to vital United States economic interests or to the stability of the 
international financial system.

  (c) expedited procedures for a resolution of disapproval.--A 
presidential certification pursuant to subsection (b) shall not take 
effect, if the Congress, within 30 calendar days after receiving such 
certification, enacts a joint resolution of disapproval, as described in 
paragraph (5) of this subsection.

          (1) reference to committees.--All joint resolutions introduced 

        in the Senate to disapprove the certification shall be referred 

        to the Committee on Banking, Housing, and Urban Affairs, and in 


[[Page 1145]]

        the House of Representatives, to the appropriate committees.

          (2) discharge of committees.--(A) If the committee of either 

        House to which a resolution has been referred has not reported 

        it at the end of 15 days after its introduction, it is in order 

        to move either to discharge the committee from further 

        consideration of the joint resolution or to discharge the 

        committee from further consideration of any other resolution 

        introduced with respect to the same matter, except no motion to 

        discharge shall be in order after the committee has reported a 

        joint resolution with respect to the same matter.

          (B) A motion to discharge may be made only by an individual 

        favoring the resolution, and is privileged in the Senate; and 

        debate thereon shall be limited to not more than 1 hour, the 

        time to be divided in the Senate equally between, and controlled 

        by, the majority leader and the minority leader or their 

        designees.

          (3) floor consideration in the senate.--(A) A motion in the 

        Senate to proceed to the consideration of a resolution shall be 

        privileged.

          (B) Debate in the Senate on a resolution, and all debatable 

        motions and appeals in connection therewith, shall be limited to 

        not more than 4 hours, to be equally divided between, and 

        controlled by, the majority leader and the minority leader or 

        their designees.

          (C) Debate in the Senate on any debatable motion or appeal in 

        connection with a resolution shall be limited to not more than 

        20 minutes, 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 appeal.

          (D) A motion in the Senate to further limit debate on a 

        resolution, debatable motion, or appeal is not debatable. No 

        amendment to, or motion to recommit, a resolution is in order in 

        the Senate.

          (4) In the case of a resolution, if prior to the passage by 

        one House of a resolution of that House, that House receives a 

        resolution with respect to the same matter from the other House, 


[[Page 1146]]

        then--

                  (A) the procedure in that House shall be the same as 

                if no resolution had been received from the other House; 

                but

                  (B) the vote on final passage shall be on the 

                resolution of the other House.

          (5) For purposes of this subsection, the term ``joint 

        resolution'' means only a joint resolution of the 2 Houses of 

        Congress, the matter after the resolving clause of which is as 

        follows: ``That the Congress disapproves the action of the 

        President under section 628(c) of the Treasury, Postal Service, 

        and General Government Appropriations Act, 1997, notice of which 

        was submitted to the Congress on ------.'', with the blank space 

        being filled with the appropriate date.

  (d) applicability.--This section--

          (1) shall not apply to any action taken as part of the program 

        of assistance to Mexico announced by the President on January 

        31, 1995; and


          (2) shall remain in effect through fiscal year 1997.


  This provision was also carried in the Treasury, Postal Service, and 
General Government Appropriations Act, 1996 (P.L. 104-52; 109 Stat. 
505).

  32. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 


                      Sec. 204(e) [22 U.S.C. 6064]


  Sec. 204. termination of the economic embargo of cuba.


  (a) presidential actions.--Upon submitting a determination to the 
appropriate congressional committees under section 203(c)(1) that a 
transition government in Cuba is in power, the President, after 
consultation with the Congress, is authorized to take steps to suspend 
the economic embargo of Cuba and to suspend the right of action created 
in section 302 [22 U.S.C. 6082] with respect to actions thereafter filed 
against the Cuban Government, to the extent that such steps contribute 
to a stable foundation for a democratically elected government in Cuba.


                                  * * *

  (e) review of suspension of economic embargo.--

          (1)  review.--If the President takes action under subsection 

        (a) to suspend the economic embargo of Cuba, the President shall 

        immediately so notify the Congress. The President shall report 


[[Page 1147]]

        to the Congress 

        no less frequently than every 6 months thereafter, until he 

        submits a determination under section 203(c)(3) that a 

        democratically elected government in Cuba is in power, on the 

        progress being made by Cuba toward the establishment of such a 

        democratically elected government. The action of the President 

        under subsection (a) shall cease to be effective upon the enactment 

        of a joint resolution described in paragraph (2).

          (2)  joint resolutions.--For purposes of this subsection, the 

        term ``joint resolution'' means only a joint resolution of the 2 

        Houses of Congress, the matter after the resolving clause of 

        which is as follows: ``That the Congress disapproves the action 

        of the President under section 204(a) of the Cuban Liberty and 

        Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the 

        economic embargo of Cuba, notice of which was submitted to the 

        Congress on ------.'', with the blank space being filled with 

        the appropriate date.

          (3)  referral to committees.--Joint resolutions introduced in 

        the House of Representatives shall be referred to the Committee 

        on International Relations and joint resolutions introduced in 

        the Senate shall be referred to the Committee on Foreign 

        Relations.

          (4)  procedures.--(A) Any joint resolution shall be considered 

        in the Senate in accordance with the provisions of section 

        601(b) of the International Security Assistance and Arms Export 

        Control Act of 1976.

          (B) For the purpose of expediting the consideration and 

        enactment of joint resolutions, a motion to proceed to the 

        consideration of any joint resolution after it has been reported 

        by the appropriate committee shall be treated as highly 

        privileged in the House of Representatives.

          (C) Not more than 1 joint resolution may be considered in the 

        House of Representatives and the Senate in the 6-month period 

        beginning on the date on which the President notifies the 

        Congress under paragraph (1) of the action taken under 


 33. Congressional Review of Agency Rulemaking [5 U.S.C. 801, 802, and 
        subsection (a), and in each 6-month period thereafter.


                                  804]


  The following excerpts of chapter 8 of title 5, United States Code, do 
not contain privileged procedures for the consideration of a measure in 
the House. They are depicted here because they constitute rules of the 
House and directly affect the legislative process. Detailed procedures 
for the consideration in the Senate of a joint resolution disapproving 
an agency rule may be found in the statute (5 U.S.C. 802).


  Sec. 801. congressional review.

  (a)(1)(A) Before a rule can take effect, the Federal agency 
promulgating such rule shall submit to each House of the Congress and to 
the Comptroller General a report containing--

          (i) a copy of the rule;

          (ii) a concise general statement relating to the rule, 

        including whether it is a major rule; and

          (iii) the proposed effective date of the rule.

  (B) On the date of the submission of the report under subparagraph 
(A), the Federal agency promulgating the rule shall submit to the 
Comptroller General and make available to each House of Congress--

          (i) a complete copy of the cost-benefit analysis of the rule, 

        if any;

          (ii) the agency's actions relevant to sections 603, 604, 605, 

        607, and 609;

          (iii) the agency's actions relevant to sections 202, 203, 204, 

        and 205 of the Unfunded Mandates Reform Act of 1995 [2 U.S.C. 

        1532-35]; and

          (iv) any other relevant information or requirements under any 

        other Act and any relevant Executive orders.

  (C) Upon receipt of a report submitted under subparagraph (A), each 
House shall provide copies of the report to the chairman and ranking 
member of each standing committee with jurisdiction under the rules of 
the House of Representatives or the Senate to report a bill to amend the 
provision of law under which the rule is issued.


[[Page 1149]]

shall include an assessment of the agency's compliance with procedural 
steps required by paragraph (1)(B).
  (2)(A) The Comptroller General shall provide a report on each major 
rule to the committees of jurisdiction in each House of the Congress by 
the end of 15 calendar days after the submission or publication date as 
provided in section 802(b)(2). The report of the Comptroller General 

  (B) Federal agencies shall cooperate with the Comptroller General by 
providing information relevant to the Comptroller General's report under 
subparagraph (A).

  (3) A major rule relating to a report submitted under paragraph (1) 
shall take effect on the latest of--

          (A) the later of the date occurring 60 days after the date on 

        which--

                  (i) the Congress receives the report submitted under 

                paragraph (1); or

                  (ii) the rule is published in the Federal Register, if 

                so published;

          (B) if the Congress passes a joint resolution of disapproval 

        described in section 802 relating to the rule, and the President 

        signs a veto of such resolution, the earlier date--

                  (i) on which either House of Congress votes and fails 

                to override the veto of the President; or

                  (ii) occurring 30 session days after the date on which 

                the Congress received the veto and objections of the 

                President; or

          (C) the date the rule would have otherwise taken effect, if 

        not for this section (unless a joint resolution of disapproval 

        under section 802 is enacted).

  (4) Except for a major rule, a rule shall take effect as otherwise 
provided by law after submission to Congress under paragraph (1).

  (5) Notwithstanding paragraph (3), the effective date of a rule shall 
not be delayed by operation of this chapter beyond the date on which 
either House of Congress votes to reject a joint resolution of 
disapproval under section 802.

  (b)(1) A rule shall not take effect (or continue), if the Congress 
enacts a joint resolution of disapproval, described under section 802, 
of the rule.

  (2) A rule that does not take effect (or does not continue) under 
paragraph (1) may not be reissued in substantially the same form, and a 
new rule that is substantially the same as such a rule may not be 
issued, unless the reissued or new rule is specifically authorized by a 
law enacted after the date of the joint resolution disapproving the 
original rule.


[[Page 1150]]

graph (2) and submits written notice of such determination to the Congress.
  (c)(1) Notwithstanding any other provision of this section (except 
subject to paragraph (3)), a rule that would not take effect by reason 
of subsection (a)(3) may take effect, if the President makes a 
determination under para-

  (2) Paragraph (1) applies to a determination made by the President by 
Executive order that the rule should take effect because such rule is--

          (A) necessary because of an imminent threat to health or 

        safety or other emergency;

          (B) necessary for the enforcement of criminal laws;

          (C) necessary for national security; or

          (D) issued pursuant to any statute implementing an 

        international trade agreement.

  (3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802 or 
the effect of a joint resolution of disapproval under this section.

  (d)(1) In addition to the opportunity for review otherwise provided 
under this chapter, in the case of any rule for which a report was 
submitted in accordance with subsection (a)(1)(A) during the period 
beginning on the date occurring--

          (A) in the case of the Senate, 60 session days, or

          (B) in the case of the House of Representatives, 60 

        legislative days,
before the date the Congress adjourns a session of Congress through the 
date on which the same or succeeding Congress first convenes its next 
session, section 802 shall apply to such rule in the succeeding session 
of Congress.

  (2)(A) In applying section 802 for purposes of such additional review, 
a rule described under paragraph (1) shall be treated as though--

          (i) such rule were published in the Federal Register (as a 

        rule that shall take effect) on--

                  (I) in the case of the Senate, the 15th session day, 

                or

                  (II) in the case of the House of Representatives, the 

                15th legislative day,

        after the succeeding session of Congress first convenes; and

          (ii) a report on such rule were submitted to Congress under 

        subsection (a)(1) on such date.


[[Page 1151]]

  (B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.


  (3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this section).


                                  * * *

  (f) Any rule that takes effect and later is made of no force or effect 
by enactment of a joint resolution under section 802 shall be treated as 
though such rule had never taken effect.


  (g) If the Congress does not enact a joint resolution of disapproval 
under section 802 respecting a rule, no court or agency may infer any 
intent of the Congress from any action or inaction of the Congress with 
regard to such rule, related statute, or joint resolution of 
disapproval.


  Sec. 802. congressional disapproval procedure.

  (a) For purposes of this section, the term ``joint resolution'' means 
only a joint resolution introduced in the period beginning on the date 
on which the report referred to in section 801(a)(1)(A) is received by 
Congress and ending 60 days thereafter (excluding days either House of 
Congress is adjourned for more than 3 days during a session of 
Congress), the matter after the resolving clause of which is as follows: 
``That Congress disapproves the rule submitted by the ------ relating to 
------, and such rule shall have no force or effect.'' (The blank spaces 
being appropriately filled in).

  (b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.

  (2) For purposes of this section, the term ``submission or publication 
date'' means the later of the date on which--

          (A) the Congress receives the report submitted under section 

        801(a)(1); or

          (B) the rule is published in the Federal Register, if so 


        published.


                                  * * *

  (f) If, before the passage by one House of a joint resolution of that 
House described in subsection (a), that House receives from the other 
House a joint resolution described in subsection (a), then the following 
procedures shall apply:

          (1) The joint resolution of the other House shall not be 


[[Page 1152]]

        referred to a committee.

          (2) With respect to a joint resolution described in subsection 

        (a) of the House receiving the joint resolution--

                  (A) the procedure in that House shall be the same as 

                if no joint resolution had been received from the other 

                House; but

                  (B) the vote on final passage shall be on the joint 


                resolution of the other House.


                                  * * *


  Sec. 804. definitions.

  For purposes of this chapter--

          (1) The term ``Federal agency'' means any agency as that term 

        is defined in section 551(1).

          (2) The term ``major rule'' means any rule that the 

        Administrator of the Office of Information and Regulatory 

        Affairs of the Office of Management and Budget finds has 

        resulted in or is likely to result in--

                  (A) an annual effect on the economy of $100,000,000 or 

                more;

                  (B) a major increase in costs or prices for consumers, 

                individual industries, Federal, State, or local 

                government agencies, or geographic regions; or

                  (C) significant adverse effects on competition, 

                employment, investment, productivity, innovation, or on 

                the ability of United States-based enterprises to 

                compete with foreign-based enterprises in domestic and 

                export markets.

        The term does not include any rule promulgated under the 

        Telecommunications Act of 1996 and the amendments made by that 

        Act.

          (3) The term ``rule'' has the meaning given such term in 

        section 551, except that such term does not include--

                  (A) any rule of particular applicability, including a 

                rule that approves or prescribes for the future rates, 

                wages, prices, services, or allowances therefor, 

                corporate or financial structures, reorganizations, 

                mergers, or acquisitions thereof, or accounting 

                practices or disclosures bearing on any of the 

                foregoing;

                  (B) any rule relating to agency management or 


[[Page 1153]]

                personnel; or

                  (C) any rule of agency organization, procedure, or 

                practice that does not substantially affect the rights 


                or obligations of non-agency parties.


                                  * * *