    [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 1107-1109]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 1107]]

                      LEGISLATIVE PROCEDURES ENACTED IN LAW

    Sec. 1130.

      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 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 ``legislative procedure''
    statutes to convert provisions requiring simple or concurrent
    resolutions to provisions requiring joint resolutions.

    [[Page 1108]]

    change its rules at any time, the Committee on Rules may
    report a resolution varying the statutorily prescribed procedures for
    the House.
      Many ``legislative procedure'' 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 ``legislative procedure'' procedures as may exist in
    current law. Nevertheless, because the House retains the constitutional
    right to

      Below is a compilation of the various provisions in ``legislative
    procedure'' 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. Excerpts of the Balanced Budget
    and Emergency Deficit Control Act, formerly carried after the
    Congressional Budget Act, have been scaled down and moved to this
    segment of the Manual for quick reference to the legislative procedures
    therein. The primary enforcement mechanisms in the statute (such as
    sequestration) are no longer carried because they are not legislative
    procedures. However, sections 250, 251, and 252 operate in conjunction
    with procedural provisions in title III of the Congressional Budget Act
    of 1974, supra. Sections 258, 258A, 258B, and 258C primarily provide for
    reporting and consideration of legislation in the Senate; therefore,
    only portions of those sections are carried here. A more thorough
    understanding of the statutory scheme requires the full statutory text
    (see 2 U.S.C. 900).

                                                                   Sec. 1130

     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
               Measures Privileged for Consideration in the House

    a.                        Impoundment Control.

    b.                        Line Item Veto Authority.

     7.                       Foreign Spent Nuclear Fuel.

     8.                       Pension Reform Act.

     9.                       Multiemployer Guarantees, Revised Schedules.

    10.                       Atomic Energy Act Provisions on Nuclear Non-
                              Impoundment Control Act of 1974.

    11.                       Trade Provisions.

    a.                        Import Relief.

    b.                        Freedom of Emigration.

    c.                        Nondiscriminatory Treatment.

    d.                        ``Fast-Track'' Procedures.

    e.                        Narcotics Control Provisions.

    f.                        Customs Duties, Negotiation and Implementation
                              Proliferation.

    [[Page 1109]]

    g.                        Trade Promotion Authority.

    h.                        U.S. Participation in WTO.

    i.                        Burmese Freedom and Democracy Act.

    j.                        Prohibition on import restrictions that would
                              of Trade Agreements.

    12.                       Federal Salary Act of 1967.

    13.                       Energy Policy and Conservation Act.

    14.                       Extensions of Emergency Energy Authorities.

    15.                       Nuclear Waste Fund Fees.

    16.                       Arms Export Control.

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

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

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

    d.                        Arms Export Control Act, Sec. 3.

    e.                        Arms Export Control Act, Sec. Sec. 62-63.

    f.                        Arms Export Control Act, Sec. 40(f).

    17.                       Federal Election Commission Regulations.

    18.                       Alaska Natural Gas Transportation Act of 1976.

    19.                       Crude Oil Transportation Systems.

    20.                       Alaska National Interest Lands Conservation
                              threaten to impair national security.

    21.                       Federal Land Policy and Management Act of
                              Act.

    a.                        Land Use Planning.

    b.                        Sales.

    c.                        Withdrawals.

    d.                        Review of Withdrawals.

    22.                       Marine Fisheries Conservation Act.

    23.                       Outer Continental Shelf Lands Act.

    24.                       Nuclear Waste Policy Act of 1982.

    a.                        High-level Radioactive Waste and Spent Nuclear
                              1976.

    b.                        Interim Storage Program.

    c.                        Monitored Retrievable Storage.

    25.                       Defense Base Closure and Realignment.

    a.                        Defense Base Closure and Realignment Act of
                              Fuel.

    b.                        Limitation on Military Construction Funds.

    26.                       Congressional Accountability Act of 1995.

    27.                       Termination of Cuban Economic Embargo.

    28.                       Congressional Review of Agency Rulemaking.

    29.                       The Balanced Budget and Emergency Deficit
                              1990.

    30.                       Andean Counterdrug Initiative.

    31.                       Medicare Cost Containment.

    32.                       Minimum Standards for Identification of
                              Control Act of 1985.

    33.                       Independent Payment Advisory Board.

                              Documents.