    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [Legislate Procedures Enacted in Law]
    [Pages 1216-1220]
    [From the U.S. Government Publishing Office, www.gpo.gov]

     18. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8, 9 [15

                               U.S.C. 719f, 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 1217]]

    system shall be
    referred to one or more committees (and all resolutions with respect to
    the same Presidential decision 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

      (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 1218]]

    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 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

      (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 1219]]

    vision of law''
    shall be substituted in subsection (d) for the phrase ``the Alaska
    natural gas transportation system.''.

      (4) In the case of action with respect to a joint resolution described
    in this subsection, the phrase ``a waiver of a pro

                                 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.

    [[Page 1220]]

      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).

                                                               Sec. 1130(19)