[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 114th Congress]
[114th Congress]
[House Document 113-181]
[Legislate Procedures Enacted in Law]
[Pages 1224-1227]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

         13. 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.

  (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 
such energy action shall be deemed to have transmitted on the first 
succeeding day on which both Houses are in session.

  (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.


[[Page 1225]]

  (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.

  (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.


[[Page 1226]]

referred to the same committee) 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 an energy action 
shall immediately be referred to a committee (and all resolutions with 
respect to the same plan shall 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.

  (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.


[[Page 1227]]

  (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.


  (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).




                                                           Sec. 1130(14)