[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.