    [United States Senate Manual, 116th Congress]
    [S. Doc. 116-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 318-327]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 318]]

                       TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

                    Chapter 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

           324  Sec. 801. Congressional review
                    (a)(1)(A) Before a rule can take effect, the Federal
                agency promulgating such rule shall submit to each House of
                the Congress and to the Comptroller General a report
                containing--
                                (i) a copy of the rule;
                                (ii) a concise general statement relating to
                            the rule, including whether it is a major rule;
                            and
                                (iii) the proposed effective date of the
                            rule.
                    (B) On the date of the submission of the report under
                subparagraph (A), the Federal agency promulgating the rule
                shall submit to the Comptroller General and make available
                to each House of Congress--
                                (i) a complete copy of the cost-benefit
                            analysis of the rule, if any;
                                (ii) the agency's actions relevant to
                            sections 603, 604, 605, 607, and 609;
                                (iii) the agency's actions relevant to
                            sections 202, 203, 204, and 205 of the Unfunded
                            Mandates Reform Act of 1995; and
                                (iv) any other relevant information or
                            requirements under any other Act and any
                            relevant Executive orders.
                    (C) Upon receipt of a report submitted under
                subparagraph (A), each House shall provide copies of the
                report to the chairman and ranking member of each standing
                committee with jurisdiction under the rules of the House of
                Representatives or the Senate to report a bill to amend the
                provision of law under which the rule is issued.
                    (2)(A) The Comptroller General shall provide a report on
                each major rule to the committees of jurisdiction in each
                House of the Congress by the end of 15 calendar days after
                the submission or publication date as provided in section
                802(b)(2). The report of the Comptroller General shall
                include an assessment of the agency's compliance with
                procedural steps required by paragraph (1)(B).
                    (B) Federal agencies shall cooperate with the
                Comptroller General by providing information relevant to the
                Comptroller General's report under subparagraph (A).
                    (3) A major rule relating to a report submitted under
                paragraph (1) shall take effect on the latest of--
                                (A) the later of the date occurring 60 days
                            after the date on which--

                                    (i) the Congress receives the report
                                submitted under paragraph (1); or

                                    (ii) the rule is published in the
                                Federal Register, if so published;

    [[Page 319]]

                                (B) if the Congress passes a joint
                            resolution of disapproval described in section
                            802 relating to the rule, and the President
                            signs a veto of such resolution, the earlier
                            date--

                                    (i) on which either House of Congress
                                votes and fails to override the veto of the
                                President; or

                                    (ii) occurring 30 session days after the
                                date on which the Congress received the veto
                                and objections of the President; or

                                (C) the date the rule would have otherwise
                            taken effect, if not for this section (unless a
                            joint resolution of disapproval under section
                            802 is enacted).
                    (4) Except for a major rule, a rule shall take effect as
                otherwise provided by law after submission to Congress under
                paragraph (1).
                    (5) Notwithstanding paragraph (3), the effective date of
                a rule shall not be delayed by operation of this chapter
                beyond the date on which either House of Congress votes to
                reject a joint resolution of disapproval under section 802.
                    (b)(1) A rule shall not take effect (or continue), if
                the Congress enacts a joint resolution of disapproval,
                described under section 802, of the rule.
                    (2) A rule that does not take effect (or does not
                continue) under paragraph (1) may not be reissued in
                substantially the same form, and a new rule that is
                substantially the same as such a rule may not be issued,
                unless the reissued or new rule is specifically authorized
                by a law enacted after the date of the joint resolution
                disapproving the original rule.
                    (c)(1) Notwithstanding any other provision of this
                section (except subject to paragraph (3)), a rule that would
                not take effect by reason of subsection (a)(3) may take
                effect, if the President makes a determination under
                paragraph (2) and submits written notice of such
                determination to the Congress.
                    (2) Paragraph (1) applies to a determination made by the
                President by Executive order that the rule should take
                effect because such rule is--
                                (A) necessary because of an imminent threat
                            to health or safety or other emergency;
                                (B) necessary for the enforcement of
                            criminal laws;
                                (C) necessary for national security; or
                                (D) issued pursuant to any statute
                            implementing an international trade agreement.
                    (3) An exercise by the President of the authority under
                this subsection shall have no effect on the procedures under
                section 802 or the effect of a joint resolution of
                disapproval under this section.
                    (d)(1) In addition to the opportunity for review
                otherwise provided under this chapter, in the case of any
                rule for which a report was submitted in accordance with
                subsection (a)(1)(A) during the period beginning on the date
                occurring--
                                (A) in the case of the Senate, 60 session
                            days, or
                                (B) in the case of the House of
                            Representatives, 60 legislative days,

                before the date the Congress adjourns a session of Congress
                through the date on which the same or succeeding Congress
                first convenes its next session, section 802 shall apply to
                such rule in the succeeding session of Congress.

    [[Page 320]]

                    (2)(A) In applying section 802 for purposes of such
                additional review, a rule described under paragraph (1)
                shall be treated as though--
                                (i) such rule were published in the Federal
                            Register (as a rule that shall take effect) on--

                                    (I) in the case of the Senate, the 15th
                                session day, or

                                    (II) in the case of the House of
                                Representatives, the 15th legislative day,
                                after the succeeding session of Congress
                                first convenes; and

                                (ii) a report on such rule were submitted to
                            Congress under subsection (a)(1) on such date.
                    (B) Nothing in this paragraph shall be construed to
                affect the requirement under subsection (a)(1) that a report
                shall be submitted to Congress before a rule can take
                effect.
                    (3) A rule described under paragraph (1) shall take
                effect as otherwise provided by law (including other
                subsections of this section).
                    (e)(1) For purposes of this subsection, section 802
                shall also apply to any major rule promulgated between March
                1, 1996, and the date of the enactment of this chapter.
                    (2) In applying section 802 for purposes of
                Congressional review, a rule described under paragraph (1)
                shall be treated as though--
                                (A) such rule were published in the Federal
                            Register on the date of enactment of this
                            chapter; and
                                (B) a report on such rule were submitted to
                            Congress under subsection (a)(1) on such date.
                    (3) The effectiveness of a rule described under
                paragraph (1) shall be as otherwise provided by law, unless
                the rule is made of no force or effect under section 802.
                    (f) Any rule that takes effect and later is made of no
                force or effect by enactment of a joint resolution under
                section 802 shall be treated as though such rule had never
                taken effect.
                    (g) If the Congress does not enact a joint resolution of
                disapproval under section 802 respecting a rule, no court or
                agency may infer any intent of the Congress from any action
                or inaction of the Congress with regard to such rule,
                related statute, or joint resolution of disapproval. (Pub.
                L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 110 Stat.
                868.)
           325  Sec. 802. Congressional disapproval procedure
                    (a) For purposes of this section, the term ``joint
                resolution'' means only a joint resolution introduced in the
                period beginning on the date on which the report referred to
                in section 801(a)(1)(A) is received by Congress and ending
                60 days thereafter (excluding days either House of Congress
                is adjourned for more than 3 days during a session of
                Congress), the matter after the resolving clause of which is
                as follows: ``That Congress disapproves the rule submitted
                by the _____ relating to _____, and such rule shall have no
                force or effect.'' (The blank spaces being appropriately
                filled in).
                    (b)(1) A joint resolution described in subsection (a)
                shall be referred to the committees in each House of
                Congress with jurisdiction.
                    (2) For purposes of this section, the term ``submission
                or publication date'' means the later of the date on which--
                                (A) the Congress receives the report
                            submitted under section 801(a)(1); or
                                (B) the rule is published in the Federal
                            Register, if so published.

    [[Page 321]]

                    (c) In the Senate, if the committee to which is referred
                a joint resolution described in subsection (a) has not
                reported such joint resolution (or an identical joint
                resolution) at the end of 20 calendar days after the
                submission or publication date defined under subsection
                (b)(2), such committee may be discharged from further
                consideration of such joint resolution upon a petition
                supported in writing by 30 Members of the Senate, and such
                joint resolution shall be placed on the calendar.
                    (d)(1) In the Senate, when the committee to which a
                joint resolution is referred has reported, or when a
                committee is discharged (under subsection (c)) from further
                consideration of a joint resolution described in subsection
                (a), it is at any time thereafter in order (even though a
                previous motion to the same effect has been disagreed to)
                for a motion to proceed to the consideration of the joint
                resolution, and all points of order against the joint
                resolution (and against consideration of the joint
                resolution) are waived. The motion is not subject to
                amendment, or to a motion to postpone, or to a motion to
                proceed to the consideration of other business. A motion to
                reconsider the vote by which the motion is agreed to or
                disagreed to shall not be in order. If a motion to proceed
                to the consideration of the joint resolution is agreed to,
                the joint resolution shall remain the unfinished business of
                the Senate until disposed of.
                    (2) In the Senate, debate on the joint resolution, and
                on all debatable motions and appeals in connection
                therewith, shall be limited to not more than 10 hours, which
                shall be divided equally between those favoring and those
                opposing the joint resolution. A motion further to limit
                debate is in order and not debatable. An amendment to, or a
                motion to postpone, or a motion to proceed to the
                consideration of other business, or a motion to recommit the
                joint resolution is not in order.
                    (3) In the Senate, immediately following the conclusion
                of the debate on a joint resolution described in subsection
                (a), and a single quorum call at the conclusion of the
                debate if requested in accordance with the rules of the
                Senate, the vote on final passage of the joint resolution
                shall occur.
                    (4) Appeals from the decisions of the Chair relating to
                the application of the rules of the Senate to the procedure
                relating to a joint resolution described in subsection (a)
                shall be decided without debate.
                    (e) In the Senate the procedure specified in subsection
                (c) or (d) shall not apply to the consideration of a joint
                resolution respecting a rule--
                                (1) after the expiration of the 60 session
                            days beginning with the applicable submission or
                            publication date, or
                                (2) if the report under section 801(a)(1)(A)
                            was submitted during the period referred to in
                            section 801(d)(1), after the expiration of the
                            60 session days beginning on the 15th session
                            day after the succeeding session of Congress
                            first convenes.
                    (f) If, before the passage by one House of a joint
                resolution of that House described in subsection (a), that
                House receives from the other House a joint resolution
                described in subsection (a), then the following procedures
                shall apply:
                                (1) The joint resolution of the other House
                            shall not be referred to a committee.
                                (2) With respect to a joint resolution
                            described in subsection (a) of the House
                            receiving the joint resolution--

    [[Page 322]]

                                    (A) the procedure in that House shall be
                                the same as if no joint resolution had been
                                received from the other House; but

                                    (B) the vote on final passage shall be
                                on the joint resolution of the other House.

                    (g) This section is enacted by Congress--
                                (1) as an exercise of the rulemaking power
                            of the Senate and 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 a joint
                            resolution described in subsection (a), and it
                            supersedes other rules only to the extent that
                            it is inconsistent with such rules; and
                                (2) 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 that House. (Pub. L. 104-121,
                            Title II, Sec. 251, Mar. 29, 1996, 110 Stat.
                            871.)
           326  Sec. 803. Special rule on statutory, regulatory, and
                    judicial deadlines
                    (a) In the case of any deadline for, relating to, or
                involving any rule which does not take effect (or the
                effectiveness of which is terminated) because of enactment
                of a joint resolution under section 802, that deadline is
                extended until the date 1 year after the date of enactment
                of the joint resolution. Nothing in this subsection shall be
                construed to affect a deadline merely by reason of the
                postponement of a rule's effective date under section
                801(a).
                    (b) The term ``deadline'' means any date certain for
                fulfilling any obligation or exercising any authority
                established by or under any Federal statute or regulation,
                or by or under any court order implementing any Federal
                statute or regulation. (Pub. L. 104-121, Title II, Sec. 251,
                Mar. 29, 1996, 110 Stat. 873.)
           327  Sec. 804. Definitions
                    For purposes of this chapter--
                                (1) The term ``Federal agency'' means any
                            agency as that term is defined in section
                            551(1).
                                (2) The term ``major rule'' means any rule
                            that the Administrator of the Office of
                            Information and Regulatory Affairs of the Office
                            of Management and Budget finds has resulted in
                            or is likely to result in--

                                    (A) an annual effect on the economy of
                                $100,000,000 or more;

                                    (B) a major increase in costs or prices
                                for consumers, individual industries,
                                Federal, State, or local government
                                agencies, or geographic regions; or

                                    (C) significant adverse effects on
                                competition, employment, investment,
                                productivity, innovation, or on the ability
                                of United States-based enterprises to
                                compete with foreign-based enterprises in
                                domestic and export markets.

                        The term does not include any rule promulgated under
                        the Telecommunications Act of 1996 and the
                        amendments made by that Act.
                                (3) The term ``rule'' has the meaning given
                            such term in section 551, except that such term
                            does not include--

    [[Page 323]]

                                    (A) any rule of particular
                                applicability, including a rule that
                                approves or prescribes for the future rates,
                                wages, prices, services, or allowances
                                therefor, corporate or financial structures,
                                reorganizations, mergers, or acquisitions
                                thereof, or accounting practices or
                                disclosures bearing on any of the foregoing;

                                    (B) any rule relating to agency
                                management or personnel; or

                                    (C) any rule of agency organization,
                                procedure, or practice that does not
                                substantially affect the rights or
                                obligations of non-agency parties. (Pub. L.
                                104-121, Title II, Sec. 251, Mar. 29, 1996,
                                110 Stat. 873.)

           328  Sec. 805. Judicial review.
                    No determination, finding, action, or omission under
                this chapter shall be subject to judicial review. (Added
                Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 110
                Stat. 873.)

                             Chapter 9--EXECUTIVE REORGANIZATION

           329  Sec. 903. Reorganization plans
                    (a) Whenever the President, after investigation, finds
                that changes in the organization of agencies are necessary
                to carry out any policy set forth in section 901(a) of this
                title, he shall prepare a reorganization plan specifying the
                reorganizations he finds are necessary. Any plan may provide
                for--
                                (1) the transfer of the whole or a part of
                            an agency, or of the whole or a part of the
                            functions thereof, to the jurisdiction and
                            control of another agency;
                                (2) the abolition of all or a part of the
                            functions of an agency, except that no
                            enforcement function or statutory program shall
                            be abolished by the plan;
                                (3) the consolidation or coordination of the
                            whole or a part of an agency, or of the whole or
                            a part of the functions thereof, with the whole
                            or a part of another agency or the functions
                            thereof;
                                (4) the consolidation or coordination of
                            part of an agency or the functions thereof with
                            another part of the same agency or the functions
                            thereof;
                                (5) the authorization of an officer to
                            delegate any of his functions; or
                                (6) the abolition of the whole or a part of
                            an agency which agency or part does not have, or
                            on the taking effect of the reorganization plan
                            will not have, any functions.

                The President shall transmit the plan (bearing an
                identification number) to the Congress together with a
                declaration that, with respect to each reorganization
                included in the plan, he has found that the reorganization
                is necessary to carry out any policy set forth in section
                901(a) of this title.

                    (b) The President shall have a reorganization plan
                delivered to both Houses on the same day and to each House
                while it is in session, except that no more than three plans
                may be pending before the Congress at one time. In his
                message transmitting a reorganization plan, the President
                shall specify with respect to each abolition of a function
                included in the plan the statutory authority for the
                exercise of the function. The message shall also estimate
                any reduction or increase

    [[Page 324]]

                in expenditures (itemized so far as practicable), and
                describe any improvements in management, delivery of Federal
                services, execution of the laws, and increases in efficiency
                of Government operations, which it is expected will be
                realized as a result of the reorganizations included in the
                plan. In addition, the President's message shall include an
                implementation section which shall (1) describe in detail
                (A) the actions necessary or planned to complete the
                reorganization, (B) the anticipated nature and substance of
                any orders, directives, and other administrative and
                operational actions which are expected to be required for
                completing or implementing the reorganization, and (C) any
                preliminary actions which have been taken in the
                implementation process, and (2) contain a projected
                timetable for completion of the implementation process. The
                President shall also submit such further background or other
                information as the Congress may require for its
                consideration of the plan.
                    (c) Any time during the period of 60 calendar days of
                continuous session of Congress after the date on which the
                plan is transmitted to it, but before any resolution
                described in section 909 has been ordered reported in either
                House, the President may make amendments or modifications to
                the plan, consistent with sections 903-905 of this title,
                which modifications or revisions shall thereafter be treated
                as a part of the reorganization plan originally transmitted
                and shall not affect in any way the time limits otherwise
                provided for in this chapter. The President may withdraw the
                plan any time prior to the conclusion of 90 calendar days of
                continuous session of Congress following the date on which
                the plan is submitted to Congress. (Pub. L. 89-554, Sept. 6,
                1966, 80 Stat. 394; Pub. L. 90-83, Sec. 1(99), Sept. 11,
                1967, 81 Stat. 220; Pub. L. 92-179, Sec. 2, Dec. 10, 1971,
                85 Stat. 574; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat.
                30; Pub. L. 98-614, Sec. Sec. 3(b)(1), (2), 4, Nov. 8, 1984,
                98 Stat. 3192 , 3193.)

                                        * * * * * * *

           330  Sec. 906. Effective date and publication of reorganization
                    plans
                    (a) Except as provided under subsection (c) of this
                section, a reorganization plan shall be effective upon
                approval by the President of a resolution (as defined in
                section 909) with respect to such plan, if such resolution
                is passed by the House of Representatives and the Senate,
                within the first period of 90 calendar days of continuous
                session of Congress after the date on which the plan is
                transmitted to Congress. Failure of either House to act upon
                such resolution by the end of such period shall be the same
                as disapproval of the resolution.
                    (b) For the purpose of this chapter--
                                (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
                            three days to a day certain are excluded in the
                            computation of any period of time in which
                            Congress is in continuous session.
                    (c) Under provisions contained in a reorganization plan,
                any provision thereof may be effective at a time later than
                the date on which the plan otherwise is effective.
                    (d) A reorganization plan which is effective shall be
                printed (1) in the Statutes at Large in the same volume as
                the public laws and (2) in the Federal Register. (Pub. L.
                89-554, Sept. 6, 1966, 80 Stat. 396;

    [[Page 325]]

                Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 32; Pub. L.
                98-614, Sec. 3(a), Nov. 8, 1984, 98 Stat. 3192.)

                                        * * * * * * *

           331  Sec. 908. Rules of Senate and House of Representatives on
                    reorganization plans
                    Sections 909 through 912 of this title are enacted by
                Congress--
                                (1) as an exercise of the rulemaking power
                            of the Senate and the House of Representatives,
                            respectively, and as such they are 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 with respect to any reorganization
                            plans transmitted to Congress (in accordance
                            with section 903(b) of this chapter 1) on or
                            before December 31, 1984; and they supersede
                            other rules only to the extent that they are
                            inconsistent therewith; and
                                (2) 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 that House. (Pub. L. 89-554, Sept.
                            6, 1966, 80 Stat. 397; Pub. L. 95-17, Sec. 2,
                            Apr. 6, 1977, 91 Stat. 33; Pub. L. 98-614,
                            Sec. 2(b), Nov. 8, 1984, 98 Stat. 3192.)
           332  Sec. 909. Terms of resolution
                    For the purpose of sections 908 through 912 of this
                title, ``resolution'' means only a joint resolution of the
                Congress, the matter after the resolving clause of which is
                as follows: ``That the Congress approves the reorganization
                plan numbered ___ transmitted to the Congress by the
                President on _____, 19__.'', and includes such modifications
                and revisions as are submitted by the President under
                section 903(c) of this chapter. The blank spaces therein are
                to be filled appropriately. The term does not include a
                resolution which specifies more than one reorganization
                plan. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 397; Pub. L.
                95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 33; Pub. L. 98-614,
                Sec. 3(c), Nov. 8, 1984, 98 Stat. 3192.)
           333  Sec. 910. Introduction and reference of resolution
                    (a) No later than the first day of session following the
                day on which a reorganization plan is transmitted to the
                House of Representatives and the Senate under section 903, a
                resolution, as defined in section 909, shall be introduced
                (by request) in the House by the chairman of the Government
                Operations Committee of the House, or by a Member or Members
                of the House designated by such chairman; and shall be
                introduced (by request) in the Senate by the chairman of the
                Governmental Affairs Committee of the Senate, or by a Member
                or Members of the Senate designated by such chairman.
                    (b) A resolution with respect to a reorganization plan
                shall be referred to the Committee on Governmental Affairs
                of the Senate and the Committee on Government Operations of
                the House (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. The committee shall make its
                recommendations to the House of Representatives or the
                Senate, respectively, within 75 calendar days of continuous
                session of Congress following the date

    [[Page 326]]

                of such resolution's introduction. (Pub. L. 89-554, Sept. 6,
                1966, 80 Stat. 397; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91
                Stat. 33; Pub. L. 98-614, Sec. 3(b)(3), Nov. 8, 1984, 98
                Stat. 3192.)
           334  Sec. 911. Discharge of committee considering resolution
                    If the committee to which is referred a resolution
                introduced pursuant to subsection (a) of section 910 (or, in
                the absence of such a resolution, the first resolution
                introduced with respect to the same reorganization plan) has
                not reported such resolution or identical resolution at the
                end of 75 calendar days of continuous session of Congress
                after its introduction, such committee shall be deemed to be
                discharged from further consideration of such resolution and
                such resolution shall be placed on the appropriate calendar
                of the House involved. (Pub. L. 89-554, Sept. 6, 1966, 80
                Stat. 397; Pub. L. 92-179, Sec. 5, Dec. 10, 1971, 85 Stat.
                576; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 34; Pub.
                L. 98-614, Sec. 3(b)(4), Nov. 8, 1984, 98 Stat. 3192.)
           335  Sec. 912. Procedure after report or discharge of committee;
                    debate; vote on final passage
                    (a) When the committee has reported, or has been deemed
                to be discharged (under section 911) from further
                consideration of, a resolution with respect to a
                reorganization plan, it is at any time thereafter in order
                (even though a previous motion to the same effect has been
                disagreed to) for any Member of the respective House to move
                to proceed to the consideration of the resolution. The
                motion is highly privileged and is not debatable. The motion
                shall not be subject to amendment, or to a motion to
                postpone, or a motion to proceed to the consideration of
                other business. A motion to reconsider the vote by which the
                motion is agreed to or disagreed to shall not be in order.
                If a motion to proceed to the consideration of the
                resolution is agreed to, the resolution shall remain the
                unfinished business of the respective House until disposed
                of.
                    (b) Debate on the resolution, and on all debatable
                motions and appeals in connection therewith, shall be
                limited to not more than ten hours, which shall be divided
                equally between individuals favoring and individuals
                opposing the resolution. A motion further to limit debate is
                in order and not debatable. An amendment to, or a motion to
                postpone, or a motion to proceed to the consideration of
                other business, or a motion to recommit the resolution is
                not in order. A motion to reconsider the vote by which the
                resolution is passed or rejected shall not be in order.
                    (c) Immediately following the conclusion of the debate
                on the resolution with respect to a reorganization plan, and
                a single quorum call at the conclusion of the debate if
                requested in accordance with the rules of the appropriate
                House, the vote on final passage of the resolution shall
                occur.
                    (d) Appeals from the decisions 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 with respect to a reorganization
                plan shall be decided without debate.
                    (e) If, prior to the passage by one House of a
                resolution of that House, that House receives a resolution
                with respect to the same reorganization plan from the other
                House, then--

    [[Page 327]]

                                (1) the procedure in that House shall be the
                            same as if no resolution had been received from
                            the other House; but
                                (2) the vote on final passage shall be on
                            the resolution of the other House. (Pub. L. 89-
                            554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95-17,
                            Sec. 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98-
                            614, Sec. 3(d)(e(1), (2), Nov. 8, 1984, 98 Stat.
                            3193.)
                            8 u.s.c.--the aliens and nationality

                       united states senate procedures enacted in law