    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Legislate Procedures Enacted in Law]
    [Pages 1258-1262]
    [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.

    [[Page 1259]]

    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

    [[Page 1260]]

            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.

    [[Page 1261]]

      (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.

    [[Page 1262]]

      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)