[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1266-1270]
[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.
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passes a resolution stating in substance that such House does not favor
such action.
(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
(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.
(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
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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.
(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.
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(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.
(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.
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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)