[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-91]
[Page 1015-1145]
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``CONGRESSIONAL DISAPPROVAL''
PROVISIONS CONTAINED
IN PUBLIC LAWS
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[[Page 1017]]
``CONGRESSIONAL DISAPPROVAL'' PROVISIONS CONTAINED IN PUBLIC LAWS
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, known as ``congressional disapproval''
statutes, 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
``congressional disapproval'' statutes to convert provisions requiring
simple or concurrent resolutions to provisions requiring joint
resolutions.
Many ``congressional disapproval'' 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 ``congressional disapproval'' procedures as may
exist in current law. Never
[[Page 1018]]
theless, because the House retains the constitutional right to change
its rules at any time, the Committee on Rules may report a resolution
varying the statutorily prescribed procedures for the House.
Other ``congressional disapproval'' statutes prescribe no special
procedures for the consideration of executive actions. As a result,
those statutes contain no provisions that technically are rules of the
House; and thus they are not carried in this Manual. For a recent
listing of those statutes, see the House Rules and Manual for the 102d
Congress (H. Doc. 101-256).
Below is a compilation of the various provisions in ``congressional
disapproval'' 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 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
Resolutions Privileged for Consideration in the House
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
Impoundment Control Act of 1974.
a. Impoundment Control.
b. Line Item Veto Authority.
7. Foreign Spent Nuclear Fuel.
[[Page 1019]]
8. Pension Reform Act.
9. Multiemployer Guarantees, Revised Schedules.
10. Nuclear Non-Proliferation Provisions of the
Atomic Energy Act.
11. Trade Act of 1974.
a. Import Relief.
b. Freedom of Emigration.
c. Nondiscriminatory Treatment.
d. ``Fast-Track'' Procedures.
e. Narcotics Control Provisions.
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.
17. Federal Election Commission Regulations.
18. Alaska Natural Gas Transportation Act of 1976.
19. Crude Oil Transportation Systems.
20. Alaska National Interest Lands Conservation
Act.
21. Federal Land Policy and Management Act of
1976.
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
Fuel.
b. Interim Storage Program.
c. Monitored Retrievable Storage.
25. Defense Base Closure and Realignment.
a. Defense Base Closure and Realignment Act of
1990.
b. Limitation on Military Construction Funds.
26. U.S. Participation in WTO.
27. Congressional Accountability Act of 1995.
28. Termination of Cuban Economic Embargo.
29. Congressional Review of Agency Rulemaking.
30. The Balanced Budget and Emergency Deficit
Control Act of 1985.
1. Executive Reorganization [5 U.S.C. 902-12]
Sec. 902. definitions
For the purpose of this chapter--
(1) ``agency'' means--
(A) an Executive agency or part thereof; and
(B) an office or officer in the executive branch;
but does include the General Accounting Office or the
Comptroller General of the United States;
[[Page 1020]]
(2) ``reorganization'' means a transfer, consolidation,
coordination, authorization, or abolition, referred to in
section 903 of this title; and
(3) ``officer'' is not limited by section 2104 of this title.
Sec. 1130(1)
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 part of the functions thereof,
with the whole or a part of another agency or the functions
thereof;
(4) the consolidation or coordination of a 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
[[Page 1021]]
exercise of the function. The message shall also estimate any reduction
or increase 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.
* * *
Sec. 905. limitations on powers
(a) A reorganization plan may not provide for, and a reorganization
under this chapter may not have the effect of--
(1) creating a new executive department or renaming an
existing executive department, abolishing or transferring an
executive department or independent regulatory agency, or all
the functions thereof, or consolidating two or more executive
departments or two
[[Page 1022]]
or more independent regulatory agencies, or all the functions
thereof;
(2) continuing an agency beyond the period authorized by law
for its existence or beyond the time when it would have
terminated if the reorganization had not been made;
(3) continuing a function beyond the period authorized by law
for its exercise or beyond the time when it would have
terminated if the reorganization had not been made;
(4) authorizing an agency to exercise a function which is not
expressly authorized by law at the time the plan is transmitted
to Congress;
(5) creating a new agency which is not a component or part of
an existing executive department or independent agency;
(6) increasing the term of an office beyond that provided by
law for the office; or
(7) dealing with more than one logically consistent subject
matter.
(b) A provision contained in a reorganization plan may take effect
only if the plan in transmitted to Congress (in accordance with section
903(b) of this chapter) on or before December 31, 1984.
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.
[[Page 1023]]
(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.
* * *
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) 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.
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 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.
[[Page 1024]]
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
Committee on Government Reform of the House, or by a Member of 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 Reform 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 of such
resolution's introduction.
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.
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
[[Page 1025]]
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--
(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.
Section 905(b) was amended by Public Law 98-614 to terminate the
authority of the President to submit reorganization plans under this
statute on December 31, 1984. These provisions are carried in this
compilation because other Acts have incorporated their procedures by
reference.
[[Page 1026]]
Sec. 1130(2)
2. War Powers Resolution, Sec. Sec. 5-7 [50 U.S.C. 1544-1546]
Sec. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be
transmitted to the Speaker of the House of Representatives and to the
President pro tempore of the Senate on the same calendar day. Each
report so transmitted shall be referred to the Committee on
International Relations of the House of Representatives and to the
Committee on Foreign Relations of the Senate for appropriate action. If,
when the report is transmitted, the Congress has adjourned sine die or
has adjourned for any period in excess of three calendar days, the
Speaker of the House of Representatives and the President pro tempore of
the Senate, if they deem if advisable (or if petitioned by at least 30
percent of the membership of their respective Houses) shall jointly
request the President to convene Congress in order that it may consider
the report and take appropriate action pursuant to this section.
(b) Within sixty calendar days after a report is submitted or is
required to be submitted pursuant to section 4(a)(1), whichever is
earlier, the President shall terminate any use of United States Armed
Forces with respect to which such report was submitted (or required to
be submitted), unless the Congress (1) has declared war or has enacted a
specific authorization for such use of United States Armed Forces, (2)
has extended by law such sixty-day period, or (3) is physically unable
to meet as a result of an armed attack upon the United States. Such
sixty-day period shall be extended for not more than an additional
thirty days if the President determines and certifies to the Congress in
writing that unavoidable military necessity respecting the safety of
United States Armed Forces requires the continued use of such armed
forces in the course of bringing about a prompt removal of such forces.
(c) Notwithstanding subsection (b), at any time that United States
Armed Forces are engaged in hostilities outside the territory of the
United States, its possessions and territories without a declaration of
war or specific statutory authorization, such forces shall be removed by
the President if the Congress so directs by concurrent resolution.
This section (and section 7, infra) should be read in light of INS v.
Chadha, 462 U.S. 919 (1983).
[[Page 1027]]
Sec. 6. (a) Any joint resolution or bill introduced pursuant to
section 5(b) at least thirty calendar days before the expiration of the
sixty-day period specified in such section shall be referred to the
Committee on International Relations of the House of Representatives or
the Committee on Foreign Relations of the Senate, as the case may be,
and such committee shall report one such joint resolution or bill,
together with its recommendations, not later than twenty-four calendar
days before the expiration of the sixty-day period specified in such
section, unless such House shall otherwise determine by the yeas and
nays.
(b) Any joint resolution or bill so reported shall become the pending
business of the House in question (in the case of the Senate the time
for debate shall be equally divided between the proponents and the
opponents), and shall be voted on within three calendar days thereafter,
unless such House shall otherwise determine by yeas and nays.
(c) Such a joint resolution or bill passed by one House shall be
referred to the committee of the other House named in subsection (a) and
shall be reported out not later than fourteen calendar days before the
expiration of the sixty-day period specified in section 5(b). The joint
resolution or bill so reported shall become the pending business of the
House in question and shall be voted on within three calendar days after
it has been reported, unless such House shall otherwise determine by
yeas and nays.
(d) In the case of any disagreement between the two Houses of Congress
with respect to a joint resolution or bill passed by both Houses,
conferees shall be promptly appointed and the committee of conference
shall make and file a report with respect to such resolution or bill not
later than four calendar days before the expiration of the sixty-day
period specified in section 5(b). In the event the conferees are unable
to agree within 48 hours, they shall report back to their respective
Houses in disagreement. Notwithstanding any rule in either House
concerning the printing of conference reports in the Record or
concerning any delay in the consideration of such reports, such report
shall be acted on by both Houses not later than the expiration of such
sixty-day period.
Sec. 7. (a) Any concurrent resolution introduced pursuant to section
5(c) shall be referred to the Committee on International Relations of
the House of Representatives or the Committee on Foreign Relations of
the Senate, as the case may be, and one such concurrent resolution shall
be reported out by such committee together with its rec
[[Page 1028]]
ommendations within fifteen calendar days, unless such House shall
otherwise determine by the yeas and nays.
(b) Any concurrent resolution so reported shall become the pending
business of the House in question (in the case of the Senate the time
for debate shall be equally divided between the proponents and the
opponents) and shall be voted on within three calendar days thereafter,
unless such House shall otherwise determine by yeas and nays.
(c) Such a concurrent resolution passed by one House shall be referred
to the committee of the other House named in subsection (a) and shall be
reported out by such committee together with its recommendations within
fifteen calendar days and shall thereupon become the pending business of
such House and shall be voted upon within three calendar days, unless
such House shall otherwise determine by yeas and nays.
(d) In the case of any disagreement between the two Houses of Congress
with respect to a concurrent resolution passed by both Houses, conferees
shall be promptly appointed and the committee of conference shall make
and file a report with respect to such concurrent resolution within six
calendar days after the legislation is referred to the committee of
conference. Notwithstanding any rule in either House concerning the
printing of conference reports in the Record or concerning any delay in
the consideration of such reports, such report shall be acted on by both
Houses not later than six calendar days after the conference report is
filed. In the event the conferees are unable to agree within 48 hours,
they shall report back to their respective Houses in disagreement.
In the 94th Congress the President was granted authority to implement
a ``Sinai early-warning system'' involving the assignment of civilian
personnel to noncombat functions. In the same enactment, Congress
provided for privileged consideration of a concurrent resolution calling
for the removal of such personnel (see 22 U.S.C. 2348 note).
In the 98th Congress the Committee on Foreign Affairs reported a joint
resolution providing statutory authorization under the War Powers
Resolution for a multinational peacekeeping force in Lebanon. The joint
resolution would have been subject to consideration under the procedural
provisions of the statute, but the House adopted a special order
reported from the Committee on Rules varying the procedures for
consideration of the joint resolution and also providing for
consideration of a similar Senate joint resolution (H. Res. 318, Sept.
28, 1983, p. 26108). The House subsequently passed a Senate joint
resolution on the subject that changed the rules of the House and Senate
to provide special procedures for consideration
[[Page 1029]]
of a joint resolution or bill to amend or repeal its provisions (P.L.
98-119, Sept. 29, 1983, p. 26493).
In the 98th Congress the Act was amended to provide for expedited
consideration in the Senate of bills or joint resolutions requiring the
removal of U.S. forces engaged in hostilities outside U.S. territory
without a declaration of war (P.L. 98-164, Nov. 22, 1983). Those
procedures appear in section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat.
765).
In the 102d Congress the President was granted specific authority
within the meaning of section 5(b) of the Act to use U.S. armed forces
to enforce United Nations resolutions in response to the occupation of
Kuwait by Iraq (P.L. 102-1, Jan. 14, 1991).
In the 103d Congress the Committee on Foreign Affairs reported H. Con.
Res. 170, directing the President pursuant to 5(c) of the Act to remove
United States Armed Forces from Somalia by January 31, 1994. By
unanimous consent the House extended by one day the time for privileged
consideration of that concurrent resolution under section 7(b) (Nov. 4,
1993, p. 27393).
In the 105th Congress the Committee on International Relations
reported H. Con. Res. 227, directing the President pursuant to section
5(c) of the Act to remove United States Armed Forces from the Republic
of Bosnia and Herzegovina. By unanimous consent the House postponed
consideration of the concurrent resolution until a subsequent date
certain and provided for its consideration under a ``closed'' procedure
(Mar. 12, 1998, p. ----).
In the 106th Congress the Committee on International Relations
reported H. Con. Res. 82, directing the President pursuant to section
5(c) of the Act to remove United States Armed Forces from their
positions in connection with the operations against the Federal Republic
of Yugoslavia, and H. J. Res. 44, pursuant to section 5(b) of the Act
and article I, section 8 of the Constitution, declaring a state of war
between the United States and the Government of the Federal Republic of
Yugoslavia. The House adopted a special order reported from the
Committee on Rules varying the statutory procedures for consideration of
both the concurrent resolution and the joint resolution (H. Res. 151,
Apr. 28, 1999, p. ----).
Sec. 1130(3)
3. National Emergencies Act [50 U.S.C. 1601]
title i--terminating existing declared emergencies
Sec. 101. (a) All powers and authorities possessed by the President,
any other officer or employee of the Federal Government, or any
executive agency, as defined in section 105 of title 5, United States
Code, as a result of the existence of any declaration of national
emergency in effect on the date of enactment of this Act [Sept. 14,
1976]
[[Page 1030]]
are terminated two years from the date of such enactment. Such
termination shall not affect--
(1) any action taken or proceeding pending not finally
concluded or determined on such date;
(2) any action or proceeding based on any act committed prior
to such date; or
(3) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) For the purpose of this section, the words ``any national
emergency in effect'' means a general declaration of emergency made by
the President.
title ii--declarations of future national emergencies
Sec. 201. (a) With respect to Acts of Congress authorizing the
exercise, during the period of a national emergency, of any special or
extraordinary power, the President is authorized to declare such
national emergency. Such proclamation shall immediately be transmitted
to the Congress and published in the Federal Register.
(b) Any provisions of law conferring powers and authorities to be
exercised during a national emergency shall be effective and remain in
effect (1) only when the President (in accordance with subsection (a) of
this section), specifically declares a national emergency, and (2) only
in accordance with this Act. No law enacted after the date of enactment
of this Act shall supersede this title unless it does so in specific
terms, referring to this title, and declaring that the new law
supersedes the provisions of this title.
Sec. 202. (a) Any national emergency declared by the President in
accordance with this title shall terminate if--
(1) there is enacted into law a joint resolution terminating
the emergency; or
(2) the President issues a proclamation terminating the
emergency.
Any national emergency declared by the President shall be terminated on
the date specified in any joint resolution referred to in clause (1) or
on the date specified in a proclamation by the President terminating the
emergency as provided in clause (2) of this subsection, whichever date
is earlier, and any powers or authorities exercised by reason of said
emergency shall cease to be exercised after such specified date, except
that such termination shall not affect--
[[Page 1031]]
(A) any action taken or proceeding pending not finally
concluded or determined on such date;
(B) any action or proceeding based on any act committed prior
to such date; or
(C) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) Not later than six months after a national emergency is declared,
and not later than the end of each six-month period thereafter that such
emergency continues, each House of Congress shall meet to consider a
vote on a joint resolution to determine whether that emergency shall be
terminated.
(c)(1) A joint resolution to terminate a national emergency delared by
the President shall be referred to the appropriate committee of the
House of Representatives or the Senate, as the case may be. One such
joint resolution shall be reported out by such committee together with
its recommendations within fifteen calendar days after the day on which
such resolution is referred to such committee, unless such House shall
otherwise determine by the yeas and nays.
(2) Any joint resolution so reported shall become the pending business
of the House in question (in the case of the Senate the time for debate
shall be equally divided between the proponents and the opponents) and
shall be voted on within three calendar days after the day on which such
resolution is reported, unless such House shall otherwise determine by
yeas and nays.
(3) Such a joint resolution passed by one House shall be referred to
the appropriate committee of the other House and shall be reported out
by such committee together within its recommendations within fifteen
calendar days after the day on which such resolution is referred to such
committee and shall thereupon become the pending business of such House
and shall be voted upon within three calendar days after the day on
which such resolution is reported, unless such House shall otherwise
determine by yeas and nays.
(4) In the case of any disagreement between the two Houses of Congress
with respect to a joint resolution passed by both Houses, conferees
shall be promptly appointed and the committee of conference shall make
and file a report with respect to such joint resolution within six
calendar days after the day on which managers on the part of the Senate
and the House have been appointed. Notwithstanding any rule in either
House concerning the
[[Page 1032]]
printing of conference reports or concerning any delay in the
consideration of such reports, such report shall be acted on by both
Houses not later than six calendar days after the conference report is
filed in the House in which such report is filed first. In the event the
conferees are unable to agree within forty-eight hours, they shall
report back to their respective Houses in disagreement.
(5) Paragraphs (1)-(4) of this subsection (b) of this section, and
section 502(b) of this Act are enacted by Congress--
(A) 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
the House in the case of resolutions described by this
subsection; and they supersede other rules only to the extent
that they are 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 that House.
(d) Any national emergency declared by the President in accordance
with this title, and not otherwise previously terminated, shall
terminate on the anniversary of the declaration of that emergency if,
within the ninety-day period prior to each anniversary date, the
President does not publish in the Federal Register and transmit to the
Congress a notice stating that such emergency is to continue in effect
after such anniversary.
Sec. 1130(4)
4. International Emergency Economic Powers Act [50 U.S.C. 1701]
Sec. 203. (a)(1) At the times and to the extent specified in section
202, the President may, under such regulations as he may prescribe, by
means of instructions, licenses, or otherwise--
(A) investigate, regulate, or prohibit--
(i) any transactions in foreign exchange,
(ii) transfers of credit or payments between, by,
through, or to any banking institution, to the extent
that such transfers or payments involve any interest of
any foreign country or a national thereof,
[[Page 1033]]
(iii) the importing or exporting of currency or
securities; and
(B) investigate, regulate, direct and compel, nullify, void,
prevent or prohibit, any acquisition, holding, withholding, use,
transfer, withdrawal, transportation, importation or exportation
of, or dealing in, or exercising any right, power, or privilege
with respect to, or transactions involving, any property in
which any foreign country or a national thereof has any
interest;
by any person, or with respect to any property, subject to the
jurisdiction of the United States.
* * *
Sec. 207. * * * (b) The authorities described in subsection (a)(1) may
not continue to be exercised under this section if the national
emergency is terminated by the Congress by concurrent resolution
pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622]
and if the Congress specifies in such concurrent resolution that such
authorities may not continue to be exercised under this section.
Sec. 1130(5)
5. District of Columbia Home Rule Act, Sec. Sec. 303(b), 602(c), and 604
Sec. 303. * * * (b) An amendment to the charter ratified by the
registered electors shall take effect upon the expiration of the 35-
calendar-day period (excluding Saturdays, Sundays, holidays, and days on
which either House of Congress is not in session) following the date
such amendment was submitted to the Congress, or upon the date
prescribed by such amendment to the Congress, or upon the date
prescribed by such amendment, whichever is later, unless during such 35-
day period, there has been enacted into law a joint resolution, in
accordance with the procedures specified in section 604 of this Act,
disapproving such amendment. In any case in which any such joint
resolution disapproving such an amendment has, within such 35-day
period, passed both Houses of Congress and has been transmitted to the
President, such resolution, upon becoming law subsequent to the
expiration of such 35-day period, shall be deemed to have repealed such
amendment, as of the date such resolution becomes law.
[[Page 1034]]
Sec. 602. * * * (c)(1) Except acts of the Council which are submitted
to the President in accordance with the Budget and Accounting Act, 1921,
any act which the Council determines according to section 412(a), should
take effect immediately because of emergency circumstances, and acts
proposing amendments to title IV of this Act, and except as provided in
section 462(c) [relative to general obligation bonds] and section
472(d)(1) [relative to borrowing in anticipation of revenues], the
Chairman of the Council shall transmit to the Speaker of the House of
Representatives, and the President of the Senate a copy of each act
passed by the Council and signed by the Mayor, or vetoed by the Mayor
and repassed by two-thirds of the Council present and voting, each act
passed by the Council and allowed to become effective by the Mayor
without his signature, and each initiated act and act subject to
referendum which has been ratified by a majority of the registered
qualified electors voting on the initiative or referendum. Except as
provided in paragraph (2), such act shall take effect upon the
expiration of the 30-calendar-day period (excluding Saturdays, Sundays,
and holidays, and any day on which neither House is in session because
of an adjournment sine die, a recess of more than three days, or an
adjournment of more than three days) beginning on the day such act is
transmitted by the Chairman to the Speaker of the House of
Representatives and the President of the Senate, or upon the date
prescribed by such act, whichever is later, unless during such 30-day
period, there has been enacted into law a joint resolution disapproving
such act. In any case in which any such joint resolution disapproving
such an act has, within such 30-day period, passed both Houses of
Congress and has been transmitted to the President, such resolution,
upon becoming law, subsequent to the expiration of such 30-day period,
shall be deemed to have repealed such act, as of the date such
resolution becomes law. The provisions of section 604, except
subsections (d), (e), and (f) of such section, shall apply with respect
to any joint resolution disapproving any act pursuant to this paragraph.
(2) In the case of any such Act transmitted by the Chairman with
respect to any Act codified in title 22, 23, or 24 of the District of
Columbia Code, such act shall take effect at the end of the 60-day
period beginning on the day such act is transmitted by the Chairman to
the Speaker of the House of Representatives and the President of the
Senate unless, during such 60-day period, there has been
[[Page 1035]]
enacted into law a joint resolution disapproving such act. In any case
in which any such joint resolution disapproving such an act has, within
such 60-day period, passed both Houses of Congress and has been
transmitted to the President, such resolution, upon becoming law
subsequent to the expiration of such 60-day period shall be deemed to
have repealed such act, as of the date such resolution becomes law. The
provisions of section 604, relating to an expedited procedure for
consideration of joint resolutions, shall apply to a joint resolution
disapproving such act as specified in this paragraph.
(3) The Council shall submit with each Act transmitted under this
subsection an estimate of the costs which will be incurred by the
District of Columbia as a result of the enactment of the Act in each of
the first 4 fiscal years for which the Act is in effect, together with a
statement of the basis for such estimate.
congressional action on certain district matters
Sec. 604. (a) This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such these
provisions are deemed a part of the rule 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 this section; 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 rule (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.
(b) For the purpose of this section, ``resolution'' means only a joint
resolution, the matter after the resolving clause of which is as
follows: ``That the ------ approves/disapproves of the action of the
District of Columbia Council described as follows: ------.'', the blank
spaces therein being appropriately filled, and either approval or
disapproval being appropriately indicated; but does not include a
resolution which specifies more than one action.
(c) A resolution with respect to Council action shall be referred to
the Committee on Government Reform of the House of Representatives, or
the Committee on the District of Columbia of the Senate, by the
President of the
[[Page 1036]]
Senate or the Speaker of the House of Representatives, as the case may
be.
(d) If the committee to which a resolution has been referred has not
reported it at the end of twenty calendar days after its introduction,
it is in order to move to discharge the committee from further
consideration of any other resolution with respect to the same Council
action which has been referred to the committee.
(e) A motion to discharge may be made only by an individual favoring
the resolution, is highly privileged (except that it may not be made
after the committee has reported a resolution with respect to the same
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 is not in order, and it is not in
order to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(f) 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 action.
(g) When the committee has reported, or has been discharged from
further consideration of, a resolution, it is 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 is highly privileged and is not debatable. An amendment to
the motion is not in order, and it is not in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
(h) Debate on the resolution shall be limited to not more than ten
hours, which shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate is not
debatable. An amendment to, or motion to recommit, the resolution is not
in order, and it is not in order to move to reconsider the vote by which
the resolution is agreed to or disagreed to.
(i) 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.
(j) 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 shall be
decided without debate.
[[Page 1037]]
It is not in order to offer as privileged a motion to discharge the
Committee on the District of Columbia (now Government Reform) from a
simple (now joint) resolution disapproving an act passed by the D.C.
City Council prior to the time that the Council was vested with the
authority to pass the category of act to which the simple resolution
disapproval procedure applies (Speaker Albert, Sept. 22, 1976, pp.
31873-74). The D.C. City Council subsequently having been vested with
that authority, a motion to discharge the Committee on the District of
Columbia (now Government Reform) from further consideration of a (joint)
resolution disapproving an act of the Council amending the D.C. Criminal
Code is privileged after 20 calendar days from introduction of the
resolution, if not reported during that time (Oct. 1, 1981, p. 22752;
Oct. 14, 1987, p. 27847).
Section 604 does not provide a privileged motion to discharge the
District of Columbia Committee from a concurrent (now joint) resolution
disapproving acts of the D.C. City Council not affecting the D.C.
Criminal Code, such concurrent resolutions only being privileged when
reported by that committee (Speaker Albert, Sept. 22, 1976, pp. 31873-
74). Under section 604(h), debate on a concurrent (now joint) resolution
of disapproval can be limited by motion, but otherwise extends not to
exceed 10 hours; a concurrent (now joint) resolution disapproving an
action of the D.C. Council which does not affect the U.S. Treasury is
considered in the House (Dec. 20, 1979, p. 7303).
Sec. 1130(6A)
6. Title X of the Congressional Budget and Impoundment Control Act of
1974
a. impoundment control, Sec. Sec. 1011-13 and 1017
[2 U.S.C. 682-84 and 688]
definitions
Sec. 1011. For purposes of this part--
(1) ``deferral of budget authority'' includes--
(A) withholding or delaying the obligation or
expenditure of budget authority (whether by establishing
reserves or otherwise) provided for projects or
activities; or
(B) any other type of Executive action or inaction
which effectively precludes the obligation or
expenditure of budget authority, including authority to
obligate by contract in advance of appropriations as
specifically authorized by law;
(2) ``Comptroller General'' means the Comptroller General of
the United States;
[[Page 1038]]
(3) ``rescission bill'' means a bill or joint resolution which
only rescinds, in whole or in part, budget authority proposed to
be rescinded in a special message transmitted by the President
under section 1012, and upon which the Congress completes action
before the end of the first period of 45 calendar days of
continuous session of the Congress after the date on which the
President's message is received by the Congress;
(4) ``impoundment resolution'' means a resolution of the House
of Representatives or the Senate which only expresses its
disapproval of a proposed deferral of budget authority set forth
in a special message transmitted by the President under section
1013; and
(5) continuity of a session of the Congress shall be
considered as broken only by an adjournment of the Congress sine
die, and the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain
shall be excluded in the computation of the 45-day period
referred to in paragraph (3) of this section and in section
1012, and the 25-day periods referred to in sections 1016 and
1017(b)(1). If a special message is transmitted under section
1012 during any Congress and the last session of such Congress
adjourns sine die before the expiration of 45 calendar days of
continuous session (or a special message is so transmitted after
the last session of the Congress adjourns sine die), the message
shall be deemed to have been retransmitted on the first day of
the succeeding Congress and the 45-day period referred to in
paragraph (3) of this section and in section 1012 (with respect
to such message) shall commence on the day after such first day.
rescission of budget authority
Sec. 1012. (a) transmittal of special message.--Whenever the President
determines that all or part of any budget authority will not be required
to carry out the full objectives or scope of programs for which it is
provided or that such budget authority should be rescinded for fiscal
policy or other reasons (including the termination of authorized
projects or activities for which budget authority has been provided), or
whenever all or part of budget authority provided for only one fiscal
year is to be reserved from obligation for such fiscal year, the
President shall
[[Page 1039]]
transmit to both Houses of Congress a special message specifying--
(1) the amount of budget authority which he proposes to be
rescinded or which is to be so reserved;
(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental functions
involved;
(3) the reasons why the budget authority should be rescinded
or is to be so reserved;
(4) to the maximum extent practicable, the estimated fiscal,
economic, and budgetary effect of the proposed rescission or of
the reservation; and
(5) all facts, circumstances, and considerations relating to
or bearing upon the proposed rescission or the reservation and
the decision to effect the proposed rescission or the
reservation, and to the maximum extent practicable, the
estimated effect of the proposed rescission or the reservation
upon the objects, purposes, and programs for which the budget
authority is provided.
(b) requirement to make available for obligation.--Any amount of
budget authority proposed to be rescinded or that is to be reserved as
set forth in such special message shall be made available for obligation
unless, within the prescribed 45-day period, the Congress has completed
action on a rescission bill rescinding all or part of the amount
proposed to be rescinded or that is to be reserved. Funds made available
for obligation under this procedure may not be proposed for rescission
again.
proposed deferrals of budget authority
Sec. 1013. (a) transmittal of special message.--Whenever the
President, the Director of the Office of Management and Budget, the head
of any department or agency of the United States, or any officer or
employee of the United States proposes to defer any budget authority
provided for a specific purpose or project, the President shall transmit
to the House of Representatives and the Senate a special message
specifying--
(1) The amount of the budget authority proposed to be
deferred;
(2) any account, department, or establishment of the
Government to which such budget authority is
[[Page 1040]]
available for obligation, and the specific projects or
governmental functions involved;
(3) the period of time during which the budget authority is
proposed to be deferred;
(4) the reasons for the proposed deferral, including any legal
authority invoked to justify the proposed deferral;
(5) to the maximum extent practicable, the estimated fiscal,
economic, and budgetary effect of the proposed deferral; and
(6) all facts, circumstances, and considerations relating to
or bearing upon the proposed deferral and the decision to effect
the proposed deferral, including an analysis of such facts,
circumstances, and considerations in terms of their application
to any legal authority, including specific elements of legal
authority, invoked to justify such proposed deferral, and to the
maximum extent practicable, the estimated effect of the proposed
deferral upon the objects, purposes, and programs for which the
budget authority is provided.
A special message may include one or more proposed deferrals of budget
authority. A deferral may not be proposed for any period of time
extending beyond the end of the fiscal year in which the special message
proposing the deferral is transmitted to the House and the Senate.
(b) consistency with legislative policy.--Deferrals shall be
permissible only--
(1) to provide for contingencies;
(2) to achieve savings made possible by or through changes in
requirements or greater efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer any budget
authority for any other purpose.
(c) exception.--The provisions of this section do not apply to any
budget authority proposed to be rescinded or that is to be reserved as
set forth in a special message required to be transmitted under section
1012.
* * *
procedure in house and senate
Sec. 1017. (a) referral.--Any rescission bill introduced with respect
to a special message or impoundment resolution introduced with respect
to a proposed deferral of budget authority shall be referred to the
appropriate com
[[Page 1041]]
mittee of the House of Representatives or the Senate, as the case may
be.
(b) discharge of committee.--(1) If the committee of which a
rescission bill or impoundment resolution has been referred has not
reported it at the end of 25 calendar days of continuous session of the
Congress after its introduction, it is in order to move either to
discharge the committee from further consideration of the bill or
resolution or to discharge the committee from further consideration of
any other rescission bill with respect to the same special message or
impoundment resolution with respect to the same proposed deferral, as
the case may be, which has been referred to the committee.
(2) A motion to discharge may be made only by an individual favoring
the bill or resolution, may be made only if supported by one-fifth of
the Members of the House involved (a quorum being present), and is
highly privileged in the House and privileged in the Senate (except that
it may not be made after the committee has reported a bill or resolution
with respect to the same special message or the same proposed deferral,
as the case may be); and debate thereon shall be limited to not more
than 1 hour, the time to be divided in the House equally between those
favoring and those opposing the bill or resolution, and to be divided in
the Senate equally between, and controlled by, the majority leader and
the minority leader or their designees. An amendment to the motion is
not in order, and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(c) floor consideration in the house.--(1) When the committee of the
House of Representatives has reported, or has been discharged from
further consideration of, a rescission bill or impoundment resolution,
it shall at any time thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to move to proceed to
the consideration of the bill or resolution. The motion shall be highly
privileged and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
(2) Debate on a rescission bill or impoundment resolution shall be
limited to not more than 2 hours, which shall be divided equally between
those favoring and those opposing the bill or resolution. A motion
further to limit debate shall not be debatable. In the case of an
impoundment resolution, no amendment to, or motion to recommit,
[[Page 1042]]
the resolution shall be in order. It shall not be in order to move to
reconsider the vote by which a rescission bill or impoundment resolution
is agreed to or disagreed to.
(3) Motions to postpone, made with respect to the consideration of a
rescission bill or impoundment resolution, and motions to proceed to the
consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to any rescission bill or impoundment resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of any rescission bill or
impoundment resolution and amendments thereto (or any conference report
thereon) shall be governed by the Rules of the House of Representatives
applicable to other bills and resolutions, amendments, and conference
reports in similar circumstances.
(d) floor consideration in the senate.--(1) Debate in the Senate on
any rescission bill or impoundment resolution, and all amendments
thereto (in the case of a rescission bill) and debatable motions and
appeals in connection therewith, shall be limited to not more than 10
hours. The time shall be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a rescission bill shall
be limited to 2 hours, to be equally divided between, and controlled by,
the mover and the manager of the bill. Debate on any amendment to an
amendment, to such a bill, and debate on any debatable motion or appeal
in connection with such a bill or an impoundment resolution shall be
limited to 1 hour, to be equally divided between, and controlled by, the
mover and the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of any such
amendment, motion, or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. No amendment that is
not germane to the provisions of a rescission bill shall be received.
Such leaders, or either of them, may, from the time under their control
on the passage of a rescission bill or impoundment resolution, allot
additional time to any Senator during the consideration of any
amendment, debatable motion, or appeal.
(3) A motion to further limit debate is not debatable. In the case of
a rescission bill, a motion to recommit (except
[[Page 1043]]
a motion to recommit with instructions to report back within a specified
number of days, not to exceed 3, not counting any day on which the
Senate is not in session) is not in order. Debate on any such motion to
recommit shall be limited to one hour, to be equally divided between,
and controlled by, the mover and the manager of the concurrent
resolution. In the case of an impoundment resolution, no amendment or
motion to recommit is in order.
(4) The conference report on any rescission bill shall be in order in
the Senate at any time after the third day (excluding Saturdays,
Sundays, and legal holidays) following the day on which such a
conference report is reported and is available to Members of the Senate.
A motion to proceed to the consideration of the conference report may be
made even though a previous motion to the same effect has been disagreed
to.
(5) During the consideration in the Senate of the conference report on
any rescission bill, debate shall be limited to 2 hours, to be equally
divided between, and controlled by, the majority leader and minority
leader or their designees. Debate on any debatable motion or appeal
related to the conference report shall be limited to 30 minutes, to be
equally divided between, and controlled by, the mover and the manager of
the conference report.
(6) Should the conference report be defeated, debate on any request
for a new conference and the appointment of conferees shall be limited
to one hour, to be equally divided, between, and controlled by, the
manager of the conference report and the minority leader or his
designee, and should any motion be made to instruct the conferees before
the conferees are named, debate on such motion shall be limited to 30
minutes, to be equally divided between, and controlled by, the mover and
the manager of the conference report. Debate on any amendment to any
such instructions shall be limited to 20 minutes, to be equally divided
between, and controlled by the mover and the manager of the conference
report. In all cases when the manager of the conference report is in
favor of any motion, appeal, or amendment, the time in opposition shall
be under the control of the minority leader or his designee.
(7) In any case in which there are amendments in disagreement, time on
each amendment shall be limited to 30 minutes, to be equally divided
between, and controlled by, the manager of the conference report and the
minority
[[Page 1044]]
leader or his designee. No amendment that is not germane to the
provisions of such amendments shall be received.
The privileged status given in section 1017(c)(1) to rescission bills
within the 45-day period prescribed in section 1011 applies only to the
initial consideration of the bill in the House, and consideration of a
conference report on any bill containing rescissions of budget authority
is subject only to the general rules of the House relating to conference
reports and is not prevented by the expiration of the 45-day period
following the initial consideration of the bill in the House (Speaker
Albert, Mar. 25, 1975, pp. 8484-85).
Sec. 1130(6B)
b. line item veto authority, Sec. Sec. 1021-27
[2 U.S.C. 691-91f]
line item veto authority
In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme Court
held that the cancellation procedures of the Line Item Veto Act violated
the presentment clause of article I, section 7 of the Constitution.
During the period between the January 1, 1997, effective date of the Act
and the Court decision, the President exercised his authority under the
Act to cancel dollar amounts of discretionary budget authority (see
e.g., H. Doc. 105-147), new direct spending (H. Doc. 105-115), and
limited tax benefits (H. Doc. 105-116). Cancellations were effective
unless disapproved by law (P.L. 105-159). While the congressional review
procedures remain in the law, the Court decision makes it unlikely that
they will be invoked. Accordingly their text is omitted here but may be
found in pp. 1029-45 of the House Rules and Manual for the 105th
Congress. The procedures may be summarized as follows: The cancellations
were transmitted to the Congress by the President by a special message
within five calendar days after the enactment of the law to which the
cancellation applied. The Act provided for a congressional review period
of 30 calendar days of session with expedited House consideration of
bills disapproving the cancellations including: (1) prescribing the text
(section 1026(6)); (2) referral to committee with directions to report
within seven calendar days subject to a motion to discharge (section
1025(d)); (3) consideration of a disapproval bill in the Committee of
the Whole with no amendment in order (except that a Member, supported by
49 other Members, could offer an amendment striking cancellations from
the bill), and consideration of the bill for amendment limited to one
hour (section 1025(d)); and (4) one-calendar-day availability for a
conference report (section 1025(f)). The Act also provided for expedited
procedures in the Senate.
[[Page 1045]]
Sec. 1130(7)
7. Foreign Spent Nuclear Fuel [Department of Energy Act of 1978--
Civilian Applications, Sec. 107 (22 U.S.C. 3224a)]
Sec. 107. * * * Provided, That notwithstanding any other provision of
law, that none of the funds made available to the Secretary of Energy
under any other authorization or appropriation Act shall be used,
directly or indirectly, for the repurchase, transportation or storage of
any foreign spent nuclear fuel (including any nuclear fuel irradiated in
any nuclear power reactor located outside of the United States and
operated by any foreign legal entity, government or nongovernment,
regardless of the legal ownership or control of the fuel or the reactor,
and regardless of the origin or licensing of the fuel or the reactor,
but not including fuel irradiated in a research reactor, and not
including fuel irradiated in a power reactor if the President determines
that (1) use of funds for repurchase, transportation or storage of such
fuel is required by an emergency situation, (2) it is in the interest of
the common defense and security of the United States to take such
action, and (3) he notifies the Congress of the determination and
action, with a detailed explanation and justification thereof, as soon
as possible) unless the President formally notifies, with the report
information specified herein, the Committee on Energy and Natural
Resources of the Senate and the Committee on Science of the House of
Representatives of such use of funds thirty calendar days, during such
time as either House of Congress is in session, before the commitment,
expenditure, or obligation of such funds: And provided further, That,
notwithstanding any other provision of law, that none of the funds
appropriated pursuant to this Act or any other funds made available to
the Secretary of Energy under any other authorization or appropriation
Act shall be used, directly or indirectly, for the repurchase,
transportation, or storage of any such foreign spent nuclear fuel for
storage or other disposition, interim or permanent, in the United
States, unless the use of the funds for that specific purpose has been
(1) previously and expressly authorized by Congress in legislation
hereafter enacted, (2) previously and expressly authorized by a
concurrent resolution, or (3) the President submits a plan for such use,
with the report information specified herein, thirty days during which
the
[[Page 1046]]
Congress is in continuous session, as defined in the Impoundment Control
Act of 1974, prior to such use and neither House of Congress approves a
resolution of disapproval of the plan prior to the expiration of the
aforementioned thirty-day period. If such a resolution of disapproval
has been introduced, but has not been reported by the Committee on or
before the twentieth day after transmission of the presidential message,
a privileged motion shall be in order in the respective body to
discharge the Committee from further consideration of the resolution and
to provide for its immediate consideration, using the procedures
specified for consideration of an impoundment resolution in section 1017
of the Impoundment Control Act of 1974 (2 U.S.C. 688).
This provision should be read in light of INS v. Chadha, 462 U.S. 919
(1983).
Sec. 1130(8)
8. Pension Reform Act, Sec. 4006(b) [29 U.S.C. 1306(b)]
Sec. 4006. revised coverage schedules-- * * * (b)(1) In order to place
a revised schedule (other than a schedule described in subsection (a)(2)
(C), (D), or (E) in effect, the corporation shall transmit the proposed
schedule, its proposed effective date, and the reasons for its proposal
to the Committee on Ways and Means and the Committee on Economic and
Educational Opportunities of the House of Representatives, and to the
Committee on Finance and the Committee on Labor and Human Resources of
the Senate.
(2) The succeeding paragraphs of this subsection are enacted by
Congress as an exercise of the rulemaking power of the Senate and the
House of Representatives, respectively, and as such they shall be 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 in paragraph (3). They shall supersede other
rules only to the extent that they are inconsistent therewith. They are
enacted 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 rule of that House.
(3) For the purpose of the succeeding paragraphs of this subsection,
``resolution'' means only a joint resolution, the
[[Page 1047]]
matter after the resolving clause of which is as follows: ``The proposed
revised schedule transmitted to Congress by the Pension Benefit Guaranty
Corporation on ------ is hereby approved.'', the blank space therein
being filled with the date on which the corporation's message proposing
the rate was delivered.
(4) A resolution shall be referred to the Committee on Ways and Means
and the Committee on Economic and Educational Opportunities of the House
of Representatives and to the Committee on Finance and the Committee on
Labor and Human Resources of the Senate.
(5) If a committee to which has been referred a resolution has not
reported it before the expiration of 10 calendar days after its
introduction, it shall then (but not before) be in order to move to
discharge the committee from further consideration of that resolution,
or to discharge the committee from further consideration of any other
resolution with respect to the proposed adjustment which has been
referred to the committee. The motion to discharge may be made only by a
person 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 proposed rate), and debate thereon shall be limited
to not more than 1 hour, to be divided equally between those favoring
and those opposing the resolution. An amendment to the motion is not in
order, and it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to. 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 proposed rate.
(6) When a committee has reported, or has been discharged from further
consideration of a resolution, it is 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 is
highly privileged and is not debatable. An amendment to the motion is
not in order, and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to. Debate on the resolution
shall be limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the resolution. A
motion further to limit debate is not debatable. An amendment to, or
motion to recommit, the resolution is not in
[[Page 1048]]
order, and it is not in order to move to reconsider the vote by which
the resolution is agreed to or disagreed to.
(7) 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.
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 shall be decided without
debate.
By unanimous consent a concurrent resolution approving a revised
coverage schedule proposed by the Pension Benefit Guaranty Corporation
was considered in the House as in Committee of the Whole (Nov. 2, 1977,
pp. 36644-46).
Sec. 1130(9)
9. Multiemployer Guarantees, Revised Schedules [Employee Retirement
Income Security Act of 1974, Sec. 4022A (29 U.S.C. 1322a)]
multiemployer plan benefits guaranteed
Sec. 4022A. * * * (f)(1) No later than 5 years after September 26,
1980, and at least every fifth year thereafter, the corporation shall--
(A) conduct a study to determine--
(i) the premiums needed to maintain the basic-benefit
guarantee levels for multiemployer plans described in
subsection (c), and
(ii) whether the basic-benefit guarantee levels for
multiemployer plans may be increased without increasing
the basic-benefit premiums for multiemployer plans under
this title; and
(B) report such determinations to the Committee on Ways and
Means and the Committee on Economic and Educational
Opportunities of the House of Representatives and to the
Committee on Finance and the Committee on Labor and Human
Resources of the Senate.
(2)(A) If the last report described in paragraph (1) indicates that a
premium increase is necessary to support the existing basic-benefit
guarantee levels for multiemployer plans, the corporation shall transmit
to the Committee on Ways and Means and the Committee on Economic and
Educational Opportunities of the House of Representatives and to the
Committee on Finance and the Committee on Labor and Human Resources of
the Senate by March 31
[[Page 1049]]
of any calendar year in which congressional action under this subsection
is requested--
(i) a revised schedule of basic-benefit guarantees for
multiemployer plans which would be necessary in the absence of
an increase in premiums approved in accordance with section
4006(b) [29 U.S.C. 1306(b)],
(ii) a revised schedule of basic-benefit premiums for
multiemployer plans which is necessary to support the existing
basic-benefit guarantees for such plans, and
(iii) a revised schedule of basic-benefit guarantees for
multiemployer plans for which the schedule of premiums necessary
is higher than the existing premium schedule for such plans but
lower than the revised schedule of premiums for such plans
specified in clause (ii), together with such schedule of
premiums.
(B) The revised schedule of increased premiums referred to in
subparagraph (A)(ii) or (A)(iii) shall go into effect as approved by the
enactment of a joint resolution.
(C) If an increase in premiums is not so enacted, the revised
guarantee schedule described in subparagraph (A)(i) shall go into effect
on the first day of the second calendar year following the year in which
such revised guarantee schedule was submitted to the Congress.
(3)(A) If the last report described in paragraph (1) indicates that
basic-benefit guarantees for multiemployer plans can be increased
without increasing the basic-benefit premiums for multiemployer plans
under this title, the corporation shall submit to the Committee on Ways
and Means and the Committee on Economic and Educational Opportunities of
the House of Representatives and to the Committee on Finance and the
Committee on Labor and Human Resources of the Senate by March 31 of the
calendar year in which congressional action under this paragraph is
requested--
(i) a revised schedule of increases in the basic-benefit
guarantees which can be supported by the existing schedule of
basic-benefit premiums for multiemployer plans, and
(ii) a revised schedule of basic-benefit premiums sufficient
to support the existing basic-benefit guarantees.
(B) The revised schedules referred to in subparagraph (A)(i) or
subparagraph (A)(ii) shall go into effect as approved by the Congress by
the enactment of a joint resolution.
[[Page 1050]]
(4)(A) The succeeding subparagraphs of this paragraph are enacted by
the Congress as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such they shall be
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 joint resolutions (as defined in subparagraph (B)). Such
subparagraphs shall supersede other rules only to the extent that they
are inconsistent therewith. They are enacted 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 rule of that House.
(B) For purposes of this subsection, ``joint resolution'' means only a
joint resolution, the matter after the resolving clause of which is as
follows: ``The proposed schedule described in ------ transmitted to the
Congress by the Pension Benefit Guaranty Corporation on ------ is hereby
approved.'', the first blank space therein being filled with ``section
4022A(f)(2)(A)(ii) of the Employee Retirement Income Security Act of
1974'', ``section 4022A(f)(2)(A)(iii) of the Employee Retirement Income
Security Act of 1974'', ``section 4022A(f)(3)(A)(i) of the Employee
Retirement Income Security Act of 1974'', or ``section
4022A(f)(3)(A)(ii) of the Employee Retirement Income Security Act of
1974'' (whichever is applicable), and the second blank space therein
being filled with the date on which the corporation's message proposing
the revision was submitted.
(C) The procedure for disposition of a joint resolution shall be the
procedure described in section 4006(b)(4) through (7) [29 U.S.C.
1306(b)(4)-(7)]. * * *
(g)(4)(A) No revised schedule of premiums under this subsection, after
the initial schedule, shall go into effect unless--
(i) the revised schedule is submitted to the Congress, and
(ii) a joint resolution described in subparagraph (B) is not
adopted before the close of the 60th legislative day after such
schedule is submitted to the Congress.
(B) For purposes of subparagraph (A), a joint resolution described in
this subparagraph is a joint resolution the matter after the resolving
clause of which is as follows: ``The revised premium schedule
transmitted to the Congress by the Pension Benefit Guaranty Corporation
under section 4022A(g)(4) of the Employee Retirement Income
[[Page 1051]]
Security Act of 1974 on ------ is hereby disapproved.'', the blank space
therein being filled with the date on which the revised schedule was
submitted.
(C) For purposes of subparagraph (A), the term ``legislative day''
means any calendar day other than a day on which either House is not in
session because of a sine die adjournment or an adjournment of more than
3 days to a day certain.
(D) The procedure for disposition of a joint resolution described in
subparagraph (B) shall be the procedure described in paragraphs (4)
through (7) of section 4006(b) [29 U.S.C. 1306(b)(4)-(7)].
Sec. 1130(10)
10. Nuclear Non-Proliferation Provisions of the Atomic Energy Act [42
U.S.C 2153-60]
cooperation with other nations
[42 U.S.C. 2153]
Sec. 123. cooperation with other nations.--
No cooperation with any nation, group of nations or regional defense
organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or
144 [42 U.S.C. 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or
2164] shall be undertaken until--
a. the proposed agreement for cooperation has been submitted to the
President, which proposed agreement shall include the terms, conditions,
duration, nature, and scope of the cooperation; and shall include the
following requirements: * * *
b. the President has submitted text of the proposed agreement for
cooperation (except an agreement arranged pursuant to subsection 91(c),
144(b), 144(c), or 144(d) [42 U.S.C. 2121(c), 2164(b), 2164(c), or
2164(d)], together with the accompanying unclassified Nuclear
Proliferation Assessment Statement, to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives, the President has consulted with such
Committees for a period of not less than thirty days of continuous
session (as defined in section 130 [42 U.S.C. 2159]) concerning the
consistency of the terms of the proposed agreement with all the
requirements of this chapter, and the President has approved and
authorized the execution of the proposed agreement for cooperation and
has made a determination in writing that the
[[Page 1052]]
performance of the proposed agreement will promote, and will not
constitute an unreasonable risk to, the common defense and security;
c. the proposed agreement for cooperation (if not an agreement subject
to subsection d.), together with the approval and determination of the
President, has been submitted to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate for a period of thirty days of continuous
session (as defined in subsection 130g. [42 U.S.C. 2159(g)]): Provided,
however, That these committees, after having received such agreement for
cooperation, may by resolution in writing waive the conditions of all or
any portion of such thirty-day period; and
d. the proposed agreement for cooperation (if arranged pursuant to
subsection 91c., 144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b),
2164(c), or 2164(d)], or if entailing implementation of section 53,
54a., 103, or 104 [42 U.S.C. 2073, 2074(a), 2133, or 2134] in relation
to a reactor that may be capable of producing more than five thermal
megawatts or special nuclear material for use in connection therewith)
has been submitted to the Congress, together with the approval and
determination of the President, for a period of sixty days of continuous
session (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
and referred to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate,
and in addition, in the case of a proposed agreement for cooperation
arranged pursuant to subsection 91c., 144b., 144c., or 144d. [42 U.S.C.
2121(c), 2164(b), 2164(c), or 2164(d)], the Committee on Armed Services
of the House of Representatives and the Committee on Armed Services of
the Senate, but such proposed agreement for cooperation shall not become
effective if during such sixty-day period the Congress adopts and there
is enacted, a joint resolution stating in substance that the Congress
does not favor the proposed agreement for cooperation: Provided, That
the sixty-day period shall not begin until a Nuclear Proliferation
Assessment Statement prepared by the Secretary of State, and any annexes
thereto, when required by subsection a., have been submitted to the
Congress. * * *
Any such proposed agreement for cooperation shall be considered pursuant
to the procedures set forth in section 130(i) of this Act [42 U.S.C.
2159(i)].
[[Page 1053]]
Following submission of a proposed agreement for co-operation (except
an agreement for cooperation arranged pursuant to subsection 91c.,
144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 2164(c), or
2164(d)]) to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate,
the Nuclear Regulatory Commission, the Department of State, the
Department of Energy, and the Department of Defense shall, upon the
request of either of those committees, promptly furnish to those
committees their views as to whether the safeguards and other controls
contained therein provide an adequate framework to ensure that any
exports as contemplated by such agreement will not be inimical to or
constitute an unreasonable risk to the common defense and security.
If, after March 10, 1978, the Congress fails to disapprove a proposed
agreement for cooperation which exempts the recipient nation from the
requirement set forth in subsection a.(2), such failure to act shall
constitute a failure to adopt a resolution of disapproval pursuant to
subsection 128b.(3) [42 U.S.C. 2157(b)(3)] for purposes of the
Commission's consideration of applications and requests under section
126a.(2) [42 U.S.C. 2155(a)(2)] and there shall be no congressional
review pursuant to section 128 [42 U.S.C. 2157] of any subsequent
license or authorization with respect to that until the first such
license or authorization which is issued after twelve months from the
elapse of the sixty-day period in which the agreement for cooperation in
question is reviewed by the Congress.
export licensing procedures
[42 U.S.C. 2155]
Sec. 126. export licensing procedures.--
a. No license may be issued by the Nuclear Regulatory Commission (the
``Commission'') for the export of any production or utilization
facility, or any source material or special nuclear material, including
distributions of any material by the Department of Energy under sections
54, 64, or 82 [42 U.S.C. 2074, 2094, 2112], for which a license is
required or requested, and no exemption from any requirement for such an
export license may be granted by the Commission, as the case may be,
until-- * * *
Provided, That continued cooperation under an agreement for
cooperation as authorized in accordance with sec
[[Page 1054]]
tion 124 of this Act [42 U.S.C. 2154] shall not be prevented by failure
to meet the provisions of paragraph (4) or (5) of section 127 [42 U.S.C.
2156(4) or (5)] for a period of thirty days after March 10, 1978, and
for a period of twenty-three months thereafter if the Secretary of State
notifies the Commission that the nation or group of nations bound by the
relevant agreement has agreed to negotiations as called for in section
404(a) of the Nuclear Non-Proliferation Act of 1978 [42 U.S.C.
2153c(a)]; however, nothing in this subsection shall be deemed to
relinquish any rights which the United States may have under agreements
for cooperation in force on the date of enactment of this section:
Provided further, That if, upon the expiration of such twenty-month
period, the President determines that failure to continue cooperation
with any group of nations which has been exempted pursuant to the above
proviso from the provisions of paragraph (4) or (5) of section 127 of
this Act [42 U.S.C. 2156(4) or (5)], but which has not yet agreed to
comply with those provisions would be seriously prejudicial to the
achievement of United States non-proliferation objectives or otherwise
jeopardize the common defense and security, he may, after notifying the
Congress of his determination, extend by Executive order the duration of
the above proviso for a period of twelve months, and may further extend
the duration of such proviso by one year increments annually thereafter
if he again makes such determination and so notifies the Congress. In
the event that the Committee on International Relations of the House of
Representatives or the Committee on Foreign Relations of the Senate
reports a joint resolution to take any action with respect to any such
extension, such joint resolution will be considered in the House or
Senate, as the case may be, under procedures identical to those provided
for the consideration of resolutions pursuant to section 130 of this Act
[42 U.S.C. 2159]: * * *
b. * * * (2) * * * If, after receiving the proposed license
application and reviewing the Commission's decision, the President
determines that withholding the proposed export would be seriously
prejudicial to the achievement of United States non-proliferation
objectives, or would otherwise jeopdarize the common defense and
security, the proposed export may be authorized by Executive order:
Provided, That prior to any such export, the President shall submit the
Executive order, together with his explanation of why, in light of the
Commission's decision, the export
[[Page 1055]]
should nonetheless be made, to the Congress for a period of sixty days
of continuous session (as defined in subsection 130g. [42 U.S.C.
2159(g)]) and shall be referred to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate, but any such proposed export shall not occur if
during such sixty-day period the Congress adopts a concurrent resolution
stating in substance that it does not favor the proposed export. Any
such Executive order shall be considered pursuant to the procedures set
forth in section 130 of this Act [42 U.S.C. 2159] for the consideration
of Presidential submissions: * * *
c. In the event that the House of Representatives or the Senate passes
a joint resolution which would adopt one or more additional export
criteria, or would modify any existing criteria under this Act, any such
joint resolution shall be referred in the other House to the Committee
on Foreign Relations of the Senate or the Committee on International
Relations of the House of Representatives, as the case may be, and shall
be considered by the other House under applicable procedures provided
for the consideration of resolutions pursuant to section 130 of this Act
[42 U.S.C. 2159].
Subsection b.(2) should be read in light of INS v. Chadha, 462 U.S.
919 (1983).
additional export criterion and procedures
[42 U.S.C. 2157]
Sec. 128. additional export criterion and procedures.-- * * * b. * * *
(1) * * * Provided, That no such export of any production or utilization
facility or of any source or special nuclear material (intended for use
as fuel in any production or utilization facility) which has been
licensed or authorized pursuant to this subsection shall be made to any
non-nuclear-weapon state which has failed to meet such criterion until
the first such license or authorization with respect to such state is
submitted to the Congress (together with a detailed assessment of the
reasons underlying the President's determination, the judgment of the
executive branch required under section 126 of this Act [42 U.S.C.
2155], and any Commission opinion and views) for a period of sixty days
of continuous session (as defined in subsection 130g. of this Act [42
U.S.C. 2159(g)]) and referred to the Committee on International
Relations
[[Page 1056]]
of the House of Representatives and the Committee on Foreign Relations
of the Senate, but such export shall not occur if during such sixty-day
period the Congress adopts a concurrent resolution stating in substance
that the Congress does not favor the proposed export. Any such license
or authorization shall be considered pursuant to the procedures set
forth in section 130 of this Act [42 U.S.C. 2159] for the consideration
of Presidential submissions.
(2) If the Congress adopts a resolution of disapproval pursuant to
paragraph (1), no further export of materials, facilities, or technology
specified in subsection a. shall be permitted for the remainder of that
Congress, unless such state meets the criterion or the President
notifies the Congress that he has determined that significant progress
has been made in achieving adherence to such criterion by such state or
that United States foreign policy interests dictate reconsideration and
the Congress, pursuant to the procedure of paragraph (1), does not adopt
a concurrent resolution stating in substance that it disagrees with the
President's determination.
(3) If the Congress does not adopt a resolution of disapproval with
respect to a license or authorization submitted pursuant to paragraph
(1), the criterion set forth in subsection a. shall not be applied as an
export criterion with respect to exports of materials, facilities and
technology specified in subsection a. to that state: Provided, That the
first license or authorization with respect to that state which is
issued pursuant to this paragraph after twelve months from the elapse of
the sixty-day period specified in paragraph (1), and the first such
license or authorization which is issued after each twelve-month period
thereafter, shall be submitted to the Congress for review pursuant to
the procedures specified in paragraph (1): Provided further, That if the
Congress adopts a resolution of disapproval during any review period
provided for by this paragraph, the provisions of paragraph (2) shall
apply with respect to further exports to such state.
This provision should be read in light of INS v. Chadha, 462 U.S. 919
(1983).
[[Page 1057]]
conduct resulting in termination of nuclear exports
[42 U.S.C. 2158]
Sec. 129. conduct resulting in termination of nuclear exports.--No
nuclear materials and equipment or sensitive nuclear technology shall be
exported to--
(1) any non-nuclear-weapon state that is found by the
President to have, at any time after March 10, 1978,
* * *
unless the President determines that cessation of such exports would be
seriously prejudicial to the achievement of United States non-
proliferation objectives or otherwise jeopardize the common defense and
security: Provided, That prior to the effective date of any such
determination, the President's determination, together with a report
containing the reasons for his determination, shall be submitted to the
Congress and referred to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of the
Senate for a period of sixty days of continuous session (as defined in
subsection 130g. of this Act [42 U.S.C. 2159(g)]), but any such
determination shall not become effective if during such sixty-day period
the Congress adopts a concurrent resolution stating in substance that it
does not favor the determination. Any such determination shall be
considered pursuant to the procedures set forth in section 130 of this
Act [42 U.S.C. 2159] for the consideration of Presidential submissions.
This provision should be read in light of INS v. Chadha, 462 U.S. 919
(1983).
congressional review procedures
[42 U.S.C. 2159]
Sec. 130. congressional review procedures.--
a. Not later than forty-five days of continuous session of Congress
after the date of transmittal to the Congress of any submission of the
President required by subsection 126a.(2), 126b.(2), 127b., 129,
131a.(3), or 131f.(1)(A) of this Act [42 U.S.C. 2155(a)(2), 2155(b)(2),
2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A)], the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives, shall each sub
[[Page 1058]]
mit a report to its respective House on its views and recommendations
respecting such Presidential submission together with a resolution, as
defined in subsection f., stating in substance that the Congress
approves or disapproves such submission, as the case may be: Provided,
That if any such committee has not reported such a resolution at the end
of such forty-five day period, such committee shall be deemed to be
discharged from further consideration of such submission. If no such
resolution has been reported at the end of such period, the first
resolution, as defined in subsection f., which is introduced within five
days thereafter within such House shall be placed on the appropriate
calendar of such House.
b. When the relevant committee or committees have reported such a
resolution (or have been discharged from further consideration of such a
resolution pursuant to subsection a. of this section) or when a
resolution has been introduced and placed on the appropriate calendar
pursuant to subsection a. of this section, as the case may be, 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 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 resolution is agreed to,
the resolution shall remain the unfinished business of the respective
House until disposed of.
c. 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 a motion to postpone, or a
motion to recommit the resolution, or a motion to proceed to the
consideration of other business is not in order. A motion to reconsider
the vote by which the resolution is agreed to or disagreed to shall not
be in order. No amendment to any concurrent resolution pursuant to the
procedures of this section is in order except as provided in subsection
d. of this section.
d. Immediately following (1) the conclusion of the debate on such
concurrent resolution, (2) a single quorum call at
[[Page 1059]]
the conclusion of debate if requested in accordance with the rules of
the appropriate House, and (3) the consideration of an amendment
introduced by the Majority Leader or his designee to insert the phrase,
``does not'' in lieu of the word ``does'' if the resolution under
consideration is a concurrent resolution of approval, the vote on final
approval of the resolution shall occur.
e. Appeals from the decisions of the Chair relating to the application
of the rules of the Senate or of the House of Representatives, as the
case may be, to the procedure relating to such a resolution shall be
decided without debate.
f. For the purposes of subsections a. through e. of this section, the
term ``resolution'' means a concurrent resolution of the Congress, the
matter after the resolving clause of which is as follows: ``That the
Congress (does or does not) favor the ------ transmitted to the Congress
by the President on ------.'', the blank spaces therein to be
appropriately filled, and the affirmative or negative phrase within the
parenthetical to be appropriately selected.
g. (1) Except as provided in paragraph (2), for the purposes of this
section--
(A) continuity of session is broken only by an adjournment of
Congress sine die; and
(B) 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.
(2) For purposes of this section insofar as it applies to section 123
[42 U.S.C. 2153]--
(A) continuity of session is broken only by an adjournment of
Congress sine die at the end of a Congress; and
(B) the days on which either House is not in session because
of an adjournment of more than three days are excluded in the
computation of any period of time in which Congress is in
continuous session.
h. This section is 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 described by subsection f.
of this section; and they supersede other
[[Page 1060]]
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.
i. (1) For the purposes of this subsection, the term ``joint
resolution'' means a joint resolution, the matter after the resolving
clause of which is as follows: ``That the Congress (does or does not)
favor the proposed agreement for cooperation transmitted to the Congress
by the President on ------.'', with the date of the transmission of the
proposed agreement for cooperation inserted in the blank, and the
affirmative or negative phrase within the parenthetical appropriately
selected.
(2) On the day on which a proposed agreement for cooperation is
submitted to the House of Representatives and the Senate under section
123d. [42 U.S.C. 2153(d)], a joint resolution with respect to such
agreement for cooperation shall be introduced (by request) in the House
by the chairman of the Committee on International Relations, for himself
and the ranking minority member of the Committee, or by Members of the
House designated by the chairman and ranking minority member; and shall
be introduced (by request) in the Senate by the majority leader of the
Senate, for himself and the minority leader of the Senate, or by Members
of the Senate designated by the majority leader and minority leader of
the Senate. If either House is not in session on the day on which such
an agreement for cooperation is submitted, the joint resolution shall be
introduced in that House, as provided in the preceding sentence, on the
first day thereafter on which that House is in session.
(3) All joint resolutions introduced in the House of Representatives
shall be referred to the appropriate committee or committees, and all
joint resolutions introduced in the Senate shall be referred to the
Committee on Foreign Relations and in addition, in the case of a
proposed agreement for cooperation arranged pursuant to section 91c.,
144b., or 144c. [42 U.S.C. 2121(c), 2164(b), 2164(c)], the Committee on
Armed Services.
(4) If the committee of either House to which a joint resolution has
been referred has not reported it at the end of 45 days after its
introduction, the committee shall be discharged from further
consideration of the joint resolu
[[Page 1061]]
tion or of any other joint resolution introduced with respect to the
same matter; except that, in the case of a joint resolution which has
been referred to more than one committee, if before the end of that 45-
day period one such committee has reported the joint resolution, any
other committee to which the joint resolution was referred shall be
discharged from further consideration of the joint resolution or of any
other joint resolution introduced with respect to the same matter.
(5) A joint resolution under this subsection shall be considered in
the Senate in accordance with the provisions of section 601(b)(4) of the
International Security Assistance and Arms Export Control Act of 1976.
For the purpose of expediting the consideration and passage of joint
resolutions reported or discharged pursuant to the provisions of this
subsection, it shall be in order for the Committee on Rules of the House
of Representatives to present for consideration a resolution of the
House of Representatives providing procedures for the immediate
consideration of a joint resolution under this subsection which may be
similiar, if applicable, to the procedures set forth in section
601(b)(4) of the International Security Assistance and Arms Exports
Control Act of 1976.
(6) In the case of a joint resolution described in paragraph (1), if
prior to the passage by one House of a joint resolution of that House,
that House receives a joint resolution with respect to the same matter
from the other House, then--
(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.
subsequent arrangements
[42 U.S.C. 2160]
Sec. 131. subsequent arrangements.-- * * *
f. (1) With regard to any subsequent arrangement under subsection a.
(2)(E) (for the storage or disposition of irradiated fuel elements),
where such arrangement involves a direct or indirect commitment of the
United States for the storage or other disposition, interim or
permanent, of any foreign spent nuclear fuel in the United States, the
Secretary of Energy may not enter into any such subsequent arrangement,
unless:
[[Page 1062]]
(A)(i) Such commitment of the United States has been submitted
to the Congress for a period of sixty days of continuous session
(as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
and has been referred to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate, but any such commitment shall
not become effective if during such sixty-day period the
Congress adopts a concurrent resolution stating in substance
that it does not favor the commitment, any such commitment to be
considered pursuant to the procedures set forth in section 130
of this Act [42 U.S.C. 2159] for the consideration of
Presidential submissions; or (ii) if the President has submitted
a detailed generic plan for such disposition or storage in the
United States to the Congress for a period of sixty days of
continuous session (as defined in subsection 130g. of this Act
[42 U.S.C. 2159(g)]), which plan has been referred to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate and has not been disapproved during such sixty-day period
by the adoption of a concurrent resolution stating in substance
that Congress does not favor the plan; and the commitment is
subject to the terms of an effective plan. Any such plan shall
be considered pursuant to the procedures set forth in section
130 of this Act [42 U.S.C. 2159] for the consideration of
Presidential submissions;
* * *
Sec. 1130(11A)
11. Trade Act of 1974 [19 U.S.C. 2101]
[Several sections of the Trade Act of 1974 and the Omnibus Trade and
Competitiveness Act of 1988 provide for congressional disapproval of
certain executive actions. The provisions included under Sec. 1130(11A)
through (11D) are derived from the Trade Act of 1974.]
a. import relief, Sec. 203
[19 U.S.C. 2253]
Sec. 203. action by president after determination of import injury.--
* * *
[[Page 1063]]
(b) reports to congress.--(1) On the day the President takes action
under subsection (a)(1), the President shall transmit to Congress a
document describing the action and the reasons for taking the action. If
the action taken by the President differs from the action required to be
recommended by the Commission under section 202(e)(1), the President
shall state in detail the reasons for the difference.
(2) On the day on which the President decides that there is no
appropriate and feasible action to take under subsection (a)(1) with
respect to a domestic industry, the President shall transmit to Congress
a document that sets forth in detail the reasons for the decision.
(3) On the day on which the President takes any action under
subsection (a)(1) that is not reported under paragraph (1), the
President shall transmit to Congress a document setting forth the action
being taken and the reasons therefor.
(c) implementation of action recommended by commission.--If the
President reports under subsection (b)(1) or (2) that--
(1) the action taken under subsection (a)(1) differs from the
action recommended by the Commission under section 202(e)(1); or
(2) no action will be taken under subsection (a)(1) with
respect to the domestic industry;
the action recommended by the Commission shall take effect (as provided
in subsection (d)(2)) upon the enactment of a joint resolution described
in section 152(a)(1)(A) within the 90-day period beginning on the date
on which the document referred to in subsection (b)(1) or (2) is
transmitted to the Congress.
Sec. 1130(11B)
b. freedom of emigration, Sec. 402
[19 U.S.C. 2432]
Sec. 402. freedom of emigration in east-west trade.-- * * *
(c)(1) During the 18-month period beginning on the date of the
enactment of this Act, the President is authorized to waive by Executive
order the application of subsections (a) and (b) with respect to any
country, if he reports to the Congress that--
(A) he has determined that such waiver will substantially
promote the objectives of this section; and
[[Page 1064]]
(B) he has received assurances that the emigration practices
of that country will henceforth lead substantially to the
achievement of the objectives of this section.
(2) During any period subsequent to the 18-month period referred to in
paragraph (1), the President is authorized to waive by Executive order
the application of subsections (a) and (b) with respect to any country,
if the waiver authority granted by this subsection continues to apply to
such country pursuant to subsection (d), and if he reports to the
Congress that--
(A) he has determined that such waiver will substantially
promote the objectives of this section; and
(B) he has received assurances that the emigration practices
of that country will henceforth lead substantially to the
achievement of the objectives of this section.
(3) A waiver with respect to any country shall terminate on the day
after the waiver authority granted by this subsection ceases to be
effective with respect to such country pursuant to subsection (d). The
President may, at any time, terminate by Executive order any waiver
granted under this subsection.
(d)(1) If the President determines that the further extension of the
waiver authority granted under subsection (c) will substantially promote
the objectives of this section, he may recommend further extensions of
such authority for successive 12-month periods. Any such recommendations
shall--
(A) be made not later than 30 days before the expiration of
such authority;
(B) be made in a document transmitted to the House of
Representatives and the Senate setting forth his reasons for
recommending the extension of such authority; and
(C) include, for each country with respect to which a waiver
granted under subsection (c) is in effect, a determination that
continuation of the waiver applicable to that country will
substantially promote the objectives of this section, and a
statement setting forth his reasons for such determination.
If the President recommends the further extension of such authority,
such authority shall continue in effect until the end of the 12-month
period following the end of the previous 12-month extension with respect
to any country (except for any country with respect to which such
authority
[[Page 1065]]
has not been extended under this subsection), unless a joint resolution
described in section 153(a) is enacted into law pursuant to the
provisions of paragraph (2).
(2)(A) The requirements of this paragraph are met if the joint
resolution is enacted under the procedures set forth in section 153,
and--
(i) the Congress adopts and transmits the joint resolution to
the President before the end of the 60-day period beginning on
the date the waiver authority would expire but for an extension
under paragraph (1), and
(ii) if the President vetoes the joint resolution, each House
of Congress votes to override such veto on or before the later
of the last day of the 60-day period referred to in clause (i)
or the last day of the 15-day period (excluding any day
described in section 154(b)) beginning on the date the Congress
receives the veto message from the President.
(B) If a joint resolution is enacted into law under the provisions of
this paragraph, the waiver authority applicable to any country with
respect to which the joint resolution disapproves of the extension of
such authority shall cease to be effective as of the day after the 60-
day period beginning on the date of the enactment of the joint
resolution.
(C) A joint resolution to which this subsection and section 153 apply
may be introduced at any time on or after the date the President
transmits to the Congress the document described in paragraph (1)(B).
(e) This section shall not apply to any country the products of which
are eligible for the rates set forth in rate column numbered 1 of the
Tariff Schedules of the United States on the date of the enactment of
this Act.
Sec. 1130(11C)
c. nondiscriminatory treatment, Sec. 407
[19 U.S.C. 2437]
Sec. 407. procedure for congressional approval or disapproval of
extension of nondiscriminatory treatment and presidential reports.--(a)
Whenever the President issues a proclamation under section 404 extending
nondiscriminatory treatment to the products of any foreign country, he
shall promptly transmit to the House of Representatives and to the
Senate a document setting forth the proclamation and the agreement the
proclama
[[Page 1066]]
tion proposes to implement, together with his reasons therefor.
(b) The President shall transmit to the House of Representatives and
the Senate a document containing the initial report submitted by him
under section 402(b) or 409(b) with respect to a nonmarket economy
country. On or before December 31 of each year, the President shall
transmit to the House of Representatives and the Senate, a document
containing the report required by section 402(b) or 409(b) as the case
may be, to be submitted on or before such December 31.
(c)(1) In the case of a document referred to in subsection (a), the
proclamation set forth in the document may become effective and the
agreement set forth in the document may enter into force and effect only
if a joint resolution described in section 151(b)(3) that approves of
the extension of nondiscriminatory treatment to the products of the
country concerned is enacted into law.
(2) In the case of a document referred to in subsection (b) which
contains a report submitted by the President under section 402(b) or
409(b) with respect to a nonmarket economy country, if, before the close
of the 90-day period beginning on the day on which such document is
delivered to the House of Representatives and to the Senate, a joint
resolution described in section 152(a)(i)(B) is enacted into law that
disapproves of the report submitted by the President with respect to
such country, then, beginning with the day after the end of the 60-day
period beginning with the date of the enactment of such resolution of
disapproval, (A) nondiscriminatory treatment shall not be in force with
respect to the products of such country, and the products of such
country shall be dutiable at the rates set forth in rate column numbered
2 of the Harmonized Tariff Schedule of the United States, (B) such
country may not participate in any program of the Government of the
United States which extends credit or credit guarantees or investment
guarantees, and (C) no commercial agreement may thereafter be concluded
with such country under this title. If the President vetoes the joint
resolution, the joint resolution shall be treated as enacted into law
before the end of the 90-day period under this paragraph if both Houses
of Congress vote to override such veto on or before the later of the
last day of such 90-day period or the last day of the 15-day period
(excluding any day described in section 154(b)) beginning on the date
the Congress receives the veto message from the President.
[[Page 1067]]
Sec. 1130(11D)
d. ``fast-track'' procedures, Sec. Sec. 151-154 [19 u.s.c. 2191-94]
implementing bills, Sec. 151
[19 U.S.C. 2191]
Sec. 151. bills implementing trade agreements on nontariff barriers
and resolutions approving commercial agreements with communist
countries.--(a) rules of house of representatives and senate.--This
section and sections 152 and 153 are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, 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 implementing bills described in
subsection (b)(1), implementing revenues bills described in
subsection (b)(2), approval resolutions described in subsection
(b)(3), and resolutions described in subsections 152(a) and
153(a); 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.
(b) definitions.--For purposes of this section--
(1) The term ``implementing bill'' means only a bill of either
House of Congress which is introduced as provided in subsection
(c) with respect to one or more trade agreements, or with
respect to an extension described in section 282(c)(3) of the
Uruguay Round Agreements Act, submitted to the House of
Representatives and the Senate under section 102 of this Act,
section 1103(a)(1) of the Omnibus Trade and Competitiveness Act
of 1988, or section 282 of the Uruguay Round Agreements Act, and
which contains--
(A) a provision approving such trade agreement or
agreements or such extension,
(B) a provision approving the statement of
administrative action (if any) proposed to implement
such trade agreement or agreements, and
[[Page 1068]]
(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
or appropriate to implement such trade agreement or
agreements, either repealing or amending existing laws
or providing new statutory authority.
(2) The term ``implementing revenue bill'' or resolution means
an implementing bill or approval resolution which contains one
or more revenue measures by reason of which it must originate in
the House of Representatives.
(3) The term ``approval resolution'' means only a joint
resolution of the two Houses of the Congress, the matter after
the resolving clause of which is as follows: ``That the Congress
approves the extension of nondiscriminatory treatment with
respect to the products of ------ transmitted by the President
to the Congress on ------.'', the first blank space being filled
with the name of the country involved and the second blank space
being filled with the appropriate date.
(c) introduction and referral.--(1) On the day on which a trade
agreement or extension is submitted to the House of Representatives and
the Senate under section 102 or section 282 of the Uruguay Round
Agreements Act, the implementing bill submitted by the President with
respect to such trade agreement or extension shall be introduced (by
request) in the House by the majority leader of the House, for himself
and the minority leader of the House, or by Members of the House
designated by the majority leader and minority leader of the House; and
shall be introduced (by request) in the Senate by the majority leader of
the Senate, for himself the minority leader of the Senate, or by Members
of the Senate designated by the majority leader and minority leader of
the Senate. If either House is not in session on the day on which such a
trade agreement is submitted, the implementing bill shall be introduced
in that House as provided in the preceding sentence, on the first day
thereafter on which the House is in session. Such bills shall be
referred by the Presiding Officers of the respective Houses to the
appropriate committee, or, in the case of a bill containing provisions
within the jurisdiction of two or more committees, jointly to such
committees for consideration of those provisions within their respective
jurisdictions.
[[Page 1069]]
(2) On the day on which a bilateral commerical agreement, entered into
under title IV of this Act after the date of the enactment of this Act,
is transmitted to the House of Representatives and the Senate, an
approval resolution with respect to such agreement shall be introduced
(by request) in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members of the House
designated by the majority leader and minority leader of the House; and
shall be introduced (by request) in the Senate by the majority leader of
the Senate, for himself and the minority leader of the Senate, or by
Members of the Senate designated by the majority leader and minority
leader of the Senate. If either House is not in session on the day on
which such an agreement is transmitted, the approval resolution with
respect to such agreement shall be introduced in that House, as provided
in the preceding sentence, on the first day thereafter on which that
House is in session. The approval resolution introduced in the House
shall be referred to the Committee on Ways and Means and the approval
resolution introduced in the Senate shall be referred to the Committee
on Finance.
(d) amendments prohibited.--No amendment to an implementing bill or
approval resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the application
of this subsection shall be in order in either House, nor shall it be in
order in either House for the Presiding Officer to entertain a request
to suspend the application of this subsection by unanimous consent.
(e) period for committee and floor consideration.--(1) Except as
provided in paragraph (2), if the committee or committees of either
House to which an implementing bill or approval resolution has been
referred have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be automatically
discharged from further consideration of the bill or resolution and it
shall be placed on the appropriate calendar. A vote on final passage of
the bill or resolution shall be taken in each House on or before the
close of the 15th day after the bill or resolution is reported by the
committee or committees of that House to which it was referred, or after
such committee or committees have been discharged from further
consideration of the bill or resolution. If prior to the passage by one
House of an implementing bill or approval resolution of that House, that
House receives the same im
[[Page 1070]]
plementing bill or approval resolution from the other House, then--
(A) the procedure in that House shall be the same as if no
implementing bill or approval resolution had been received from
the other House; but
(B) the vote on final passage shall be on the implementing
bill or approval resolution of the other House.
(2) The provisions of paragraph (1) shall not apply in the Senate to
an implementing revenue bill or resolution. An implementing revenue bill
or resolution received from the House shall be referred to the
appropriate committee or committees of the Senate. If such committee or
committees have not reported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, before the close of the
45th day after the corresponding implementing revenue bill or resolution
was introduced in the Senate), such committee or committees shall be
automatically discharged from further consideration of such bill or
resolution and it shall be placed on the calendar. A vote on final
passage of such bill or resolution shall be taken in the Senate on or
before the close of the 15th day after such bill or resolution is
reported by the committee or committees of the Senate to which it was
referred, or after such committee or committees have been discharged
from further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing a number of
days in either House, there shall be excluded any day on which that
House was not in session.
(f) floor consideration in the house.--(1) A motion in the House of
Representatives to proceed to the consideration of an implementing bill
or approval resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on an implementing bill or
approval resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those opposing the
bill or resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an implementing
bill or approval resolution or to move to reconsider the vote by which
an implementing bill or approval resolution is agreed to or disagreed
to.
(3) Motions to postpone, made in the House of Representatives with
respect to the consideration of an imple
[[Page 1071]]
menting bill or approval resolution, and motions to proceed to the
consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to an implementing bill or approval resolution shall
be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of an implementing bill or
approval resolution shall be governed by the Rules of the House of
Representatives applicable to other bills and resolutions in similar
circumstances.
(g) floor consideration in the senate.--(1) A motion in the Senate to
proceed to the consideration of an implementing bill or approval
resolution shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing, and all debatable motions
and appeals in connection therewith, shall be limited to not more than
20 hours. The time shall be equally divided between, and controlled by,
the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with an implementing bill or approval resolution shall be
limited to not more than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the bill or resolution,
except that in the event the manager of the bill or resolution is in
favor of any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control on the
passage of an implementing bill or approval resolution, allot additional
time to any Senator during the consideration of any debatable motion or
appeal.
(4) A motion in the Senate to further limit debate is not debatable. A
motion to recommit an implementing bill or approval resolution is not in
order.
Pursuant to section 151(f)(2) of this Act debate on an implementing
revenue bill must be equally divided and controlled among those favoring
and opposing the bill (absent unanimous-consent agreement for some other
distribution of the time); a motion to limit debate on such legislation
must be made in the House, and not in the Committee of the Whole, and
may be made either pending the motion to resolve into Committee of the
Whole or at a later time, after the Committee has risen without
completing action on the bill (July 10, 1979, pp. 17812-13). An
implementing bill reported
[[Page 1072]]
from committee has been considered as privileged under the Act (Nov. 14,
1980, p. 29617). The House has adopted a special order recommended by
the Committee on Rules providing for consideration of both a resolution
to deny the extension of ``fast track'' procedures requested by the
President under section 1103(b) of the Omnibus Trade and Competitiveness
Act of 1988 and a resolution to express the sense of the House
concerning U.S. negotiating objectives after such an extension (May 23,
1991, p. 12137). The Senate has affirmed its constitutional authority to
enact a statutory rule (as in subsection (d) of section 151) prohibiting
amendments to specified revenue bills in derogation of its
constitutional authority to propose amendments to House revenue bills
(presiding officer sustained on appeal) (Nov. 19, 1993, p. 30641).
resolutions of disapproval, Sec. 152
[19 U.S.C. 2192]
Sec. 152. resolutions disapproving certain actions.--(a) contents of
resolution.--(1) For purposes of this section, the term ``resolution''
means only--
(A) a joint resolution of the two Houses of the Congress, the
matter after the resolving clause of which is as follows: ``That
the Congress does not approve the action taken by, or the
determination of the President under section 203 of the Trade
Act of 1974 transmitted to the Congress on ------.'', the blank
space being filled with the appropriate date; and
(B) a joint resolution of the two Houses of Congress, the
matter after the resolving clause of which is as follows: ``That
the Congress does not approve ------ transmitted to the Congress
on ------.'', with the first blank space being filled in
accordance with paragraph (2), and the second blank space being
filled with the appropriate date.
(2) The first blank space referred to in paragraph (1)(B) shall be
filled as follows: in the case of a resolution referred to in section
407(c)(2), with the phrase ``the report of the President submitted under
section ------ of the Trade Act of 1974 with respect to ------'' (with
the first blank space being filled with ``402(b)'' or ``409(b)'', as
appropriate, and the second blank space being filled with the name of
the country involved).
(b) reference to committees.--All resolutions introduced in the House
of Representatives shall be referred to the Committee on Ways and Means
and all resolutions introduced in the Senate shall be referred to the
Committee on Finance.
[[Page 1073]]
(c) discharge of committees.--(1) If the committee of either House to
which a resolution has been referred has not reported it at the end of
30 days after its introduction, not counting any day which is excluded
under section 154(b), it is in order to move either to discharge the
committee from further consideration of the resolution or to discharge
the committee from further consideration of any other resolution
introduced with respect to the same matter, except that a motion to
discharge--
(A) may only be made on the second legislative day after the
calendar day on which the Member making the motion announces to
the House his intention to do so; and
(B) is not in order after the Committee has reported a
resolution with respect to the same matter.
(2) A motion to discharge under paragraph (1) may be made only by an
individual favoring the resolution, and is highly privileged in the
House and privileged in the Senate; and debate thereon shall be limited
to not more than 1 hour, the time to be divided in the House equally
between those favoring and those opposing the resolution, and to be
divided in the Senate equally between, and controlled by, the majority
leader and the minority leader or their designees. An amendment to the
motion is not in order, and it is not in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(d) floor consideration in the house.--(1) A motion in the House of
Representatives to proceed to the consideration of a resolution shall be
highly privileged and not debatable. An amendment to the motion shall
not be in order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on a resolution shall be
limited to not more than 20 hours, which shall be divided equally
between those favoring and those opposing the resolution. A motion
further to limit debate shall not be debatable. No amendment to, or
motion to recommit, the resolution shall be in order. It shall not be in
order to move to reconsider the vote by which a resolution is agreed to
or disagreed to.
(3) Motions to postpone, made in the House of Representatives with
respect to the consideration of a resolution, and motions to proceed to
the consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representa
[[Page 1074]]
tives to the procedure relating to a resolution shall be decided without
debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a resolution in the
House of Representatives shall be governed by the Rules of the House of
Representatives applicable to other resolutions in similar
circumstances.
(e) floor consideration in the senate.--(1) A motion in the Senate to
proceed to the consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the Senate on a resolution, and all debatable motions
and appeals in connection therewith, shall be limited to not more than
20 hours, to be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with a resolution shall be limited to not more than 1 hour,
to be equally divided between, and controlled by, the mover and the
manager of the resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under their
control on the passage of a resolution, allot additional time to any
Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a resolution,
debatable motion, or appeal is not debatable. No amendment to, or motion
to recommit, a resolution is in order in the Senate.
(f) procedures in the senate.--(1) Except as otherwise provided in
this section, the following procedures shall apply in the Senate to a
resolution to which this section applies:
(A)(i) Except as provided in clause (ii), a resolution that
has passed the House of Representatives shall, when received in
the Senate, be referred to the Committee on Finance for
consideration in accordance with this section.
(ii) If a resolution to which this section applies was
introduced in the Senate before receipt of a resolution that has
passed the House of Representatives, the resolution from the
House of Representatives shall, when
[[Page 1075]]
received in the Senate, be placed on the calendar. If this
clause applies, the procedures in the Senate with respect to a
resolution introduced in the Senate that contains the identical
matter as the resolution that passed the House of
Representatives shall be the same as if no resolution had been
received from the House of Representatives, except that the vote
on passage in the Senate shall be on the resolution that passed
the House of Representatives.
(B) If the Senate passes a resolution before receiving from
the House of Representatives a joint resolution that contains
the identical matter, the joint resolution shall be held at the
desk pending receipt of the joint resolution from the House of
Representatives. Upon receipt of the joint resolution from the
House of Representatives, such joint resolution shall be deemed
to be read twice, considered, read the third time, and passed.
(2) If the texts of joint resolutions described in section 152 or
153(a), whichever is applicable concerning any matter are not
identical--
(A) the Senate shall vote passage on the resolution introduced
in the Senate, and
(B) the text of the joint resolution passed by the Senate
shall, immediately upon its passage (or, if later, upon receipt
of the joint resolution passed by the House), be substituted for
the text of the joint resolution passed by the House of
Representatives, and such resolution, as amended, shall be
returned with a request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with respect to a
joint resolution described in subsection (a)(2)(B) or section 153(a),
including consideration of all debatable motions and appeals in
connection therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and the minority
leader or their designees.
Although a motion that the House resolve itself into the Committee of
the Whole is not ordinarily subject to the motion to postpone
indefinitely (VI, 726), the motion to postpone indefinitely may be
offered pursuant to the provisions of this statute, is nondebatable, and
represents final adverse disposition of the disapproval resolution (Mar.
10, 1977, p. 7021).
[[Page 1076]]
resolutions to extend section 402 waivers, Sec. 153
[19 U.S.C. 2193]
Sec. 153. resolutions relating to extension of waiver authority under
section 402.--(a) contents of resolutions.--For purposes of this
section, the term ``resolution'' means only a joint resolution of the
two Houses of Congress, the matter after the resolving clause of which
is as follows: ``That the Congress does not approve the extension of the
authority contained in section 402(c) of the Trade Act of 1974
recommended by the President to the Congress on ------ with respect to
------.'', with the first blank space being filled with the appropriate
date, and the second blank space being filled with the names of those
countries, if any, with respect to which such extension of authority is
not approved, and with the clause beginning with ``with-respect-to''
being omitted if the extension of the authority is not approved with
respect to any country.
(b) application of rules of section 152; exceptions.--(1) Except as
provided in this section, the provisions of section 152 shall apply to
resolutions described in subsection (a).
(2) In applying section 152(c)(1), all calendar days shall be counted.
(3) That part of section 152(d)(2) which provides that no amendment is
in order shall not apply to any amendment to a resolution which is
limited to striking out or inserting the names of one or more countries
or to striking out or inserting a with-respect-to clause. Debate in the
House of Representatives on any amendment to a resolution shall be
limited to not more than 1 hour which shall be equally divided between
those favoring and those opposing the amendment. A motion in the House
to further limit debate on an amendment to a resolution is not
debatable.
(4) That part of section 152(e)(4) which provides that no amendment is
in order shall not apply to any amendment to a resolution which is
limited to striking out or inserting the names of one or more countries
or to striking out or inserting a with-respect-to clause. The time limit
on a debate on a resolution in the Senate under section 152(e)(2) shall
include all amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than 1 hour, to
be equally divided between, and controlled by, the mover and the manager
of the resolution, except that in the event the manager of the
resolution is in favor of any such amendment, the time in
[[Page 1077]]
opposition thereto shall be controlled by the minority leader or his
designee. The majority leader and minority leader may, from time under
the control on the passage of a resolution, allot additional time to any
Senator during the consideration of any amendment. A motion in the
Senate to further limit debate on an amendment to a resolution is not
debatable.
(c) consideration of second resolution not in order.--It shall not be
in order in either the House of Representatives or the Senate to
consider a resolution with respect to a recommendation of the President
under section 402(d) (other than a resolution described in subsection
(a) received from the other House), if that House has adopted a
resolution with respect to the same recommendation.
(d) procedures relating to conference reports in the senate.--(1)
Consideration in the Senate of the conference report on any joint
resolution described in subsection (a), including consideration of all
amendments in disagreement (and all amendments thereto), and
consideration of all debatable motions and appeals in connection
therewith, shall be limited to 10 hours, to be equally divided between,
and controlled by, the majority leader and the minority leader or their
designees. Debate on any debatable motion or appeal related to the
conference report shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the conference
report.
(2) In any case in which there are amendments in disagreement, time on
each amendment shall be limited to 30 minutes, to be equally divided
between, and controlled by, the manager of the conference report and the
minority leader or his designee. No amendment to any amendment in
disagreement shall be received unless it is a germane amendment.
special rules for congressional procedure, Sec. 154
[19 U.S.C. 2194]
Sec. 154. special rules relating to congressional procedures.--(a)
Whenever, pursuant to section 102(e), 203(b), 402(d), or 407 (a) or (b),
a document is required to be transmitted to the Congress, copies of such
document shall be delivered to both Houses of Congress on the same day
and shall be delivered to the Clerk of the House of
[[Page 1078]]
Representatives if the House is not in session and to the Secretary of
the Senate if the Senate is not in session.
(b) For purposes of sections 203(c), and 407(c)(2), the 90-day period
referred to in such sections shall be computed by excluding--
(1) the days on which either House is not in session because
of an adjournment of more than 3 days to a day certain or an
adjournment of the Congress sine die, and
(2) any Saturday and Sunday, not excluded under paragraph (1),
when either House is not in session.
Sec. 1130(11E)
e. Narcotics Control Provisions--Trade Act of 1974, Sec. Sec. 801-05 [19
U.S.C. 2491-95]
tariff treatment of products of uncooperative major drug producing or
drug-transit countries, Sec. 856
[19 U.S.C. 2492]
Sec. 802. (a) required action by president.--Subject to subsection
(b), for every major drug producing country and every major drug-transit
country, the President shall, on or after March 1, 1987, and March 1 of
each succeeding year, to the extent considered necessary by the
President to achieve the purposes of this title--
(1) deny to any or all of the products of that country tariff
treatment under the Generalized System of Preferences, the
Caribbean Basin Economic Recovery Act, or any other law
providing preferential tariff treatment;
(2) apply to any or all of the dutiable products of that
country an additional duty at a rate not to exceed 50 percent ad
valorem or the specific rate equivalent;
(3) apply to one or more duty-free products of that country a
duty at a rate not to exceed 50 percent ad valorem;
(4) take the steps described in subsection (d)(1) or (d)(2),
or both, to curtail air transportation between the United States
and that country;
(5) withdraw the personnel and resources of the United States
from participation in any arrangement with that country for the
pre-clearance of customs by visitors between the United States
and that country; or
[[Page 1079]]
(6) take any combination of the actions described in
paragraphs (1) through (5).
(b)(1)(A) Subject to paragraph (3), subsection (a) shall not apply
with respect to a country if the President determines and certifies to
the Congress, at the time of the submission of the report required by
section 481(e) of the Foreign Assistance Act of 1961, that-- * * *
* * *
(3) Subsection (a) shall apply to a country without regard to
paragraph (1) of this subsection if the Congress enacts, with 45 days of
continuous session after receipt of a certification under paragraph (1),
a joint resolution disapproving the determination of the President
contained in that certification.
(4) If the President takes action under subsection (a), that action
shall remain in effect until--
(A) the President makes the certification under paragraph (a),
a period of 45 days of continuous session of Congress elapses,
and during that period the Congress does not enact a joint
resolution of disapproval; or
(B) the President submits at any other time a certification of
the matters described in paragraph (1) with respect to that
country, a period of 45 days of continuous session of Congress
elapses, and during that period the Congress does not enact a
joint resolution of disapproving determination contained in that
certification.
(5) For the purpose of expediting the consideration and enactment of
joint resolutions under paragraphs (3) and (4)--
(A) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on Ways
and Means shall be treated as highly privileged in the House of
Representatives; and
(B) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on
Finance shall be treated as privileged in the Senate.
* * *
[[Page 1080]]
definitions, Sec. 805
[19 U.S.C. 2495]
Sec. 805. For purposes of this title--
(1) continuity of a session of Congress is broken only by an
adjournment of the Congress sine die, and 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 the period indicated; * * *
* * *
Sec. 1130(12)
12. Federal Salary Act of 1967, Sec. 225(h)-(j) [2 U.S.C. 358-60]
Sec. 225. citizens' commission on public service and compensation.-- *
* *
(h) recommendations of the president with respect to pay [2 u.s.c.
358].-- * * * (2) The President shall transmit his recommendations under
this subsection to Congress on the first Monday after January 3 of the
first calendar year beginning after the date on which the Commission
submits its report and recommendations to the President under subsection
(g) [2 U.S.C. 357].
(i) effective date of recommendations of the president [2 u.s.c.
359].--(1) None of the President's recommendations under subsection (h)
[2 U.S.C. 358] shall take effect unless approved under paragraph (2).
(2)(A) The recommendations of the President under subsection (h) [2
U.S.C. 358] shall be considered approved under this paragraph if there
is enacted into law a bill or joint resolution approving such
recommendations in their entirety. This bill or joint resolution shall
be passed by recorded vote to reflect the vote of each Member of
Congress thereon.
(B)(i) The provisions of this subparagraph are enacted by the
Congress--
(I) as an exercise of the rulemaking power of the Senate and
the House of Representatives and as such shall be considered as
part of the rules of each House, and shall supersede other rules
only to the extent that they are inconsistent therewith; and
[[Page 1081]]
(II) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedures 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.
(ii) During the 60-calendar-day period beginning on the date that the
President transmits his recommendations to the Congress under subsection
(h) [2 U.S.C. 358], it shall be in order as a matter of highest
privilege in each House of Congress to consider a bill or joint
resolution, if offered by the majority leader of such House (or a
designee), approving such recommendations in their entirety.
(3) Except as provided in paragraph (4), any recommended pay
adjustment approved under paragraph (2) shall take effect as of the date
proposed by the President under subsection (h) [2 U.S.C. 358] with
respect to such adjustment.
(4)(A) Notwithstanding the approval of the President's pay
recommendations in accordance with paragraph (2), none of those
recommendations shall take effect unless, between the date on which the
bill or resolution approving those recommendations is signed by the
President (or otherwise becomes law) and the earliest date as of which
the President proposes (under subsection (h) [2 U.S.C. 358]) that any of
those recommendations take effect, an election of Representatives shall
have intervened.
(B) For purposes of this paragraph, the term ``election of
Representatives'' means an election held on the Tuesday following the
first Monday of November in any even-numbered calendar year.
(j) effect of recommendations on existing law and prior
recommendations [2 u.s.c. 360].--The recommendations of the President
taking effect as provided in section 225(i) [2 U.S.C. 359] shall be held
and considered to modify, supersede, or render inapplicable, as the case
may be, to the extent inconsistent therewith--
(A) all provisions of law enacted prior to the effective date
or dates of all or part (as the case may be) of such
recommendations (other than any provision of law enacted with
respect to such recommendations in the period beginning on the
date the President transmits his recommendations to the Congress
under subsection (h) [2 U.S.C. 358] and ending on the date of
their approval under subsection (i)(2) [2 U.S.C. 359(2)]), and
[[Page 1082]]
(B) any prior recommendations of the President which take
effect under this chapter.
In 1985, the Salary Act was amended to require a salary commission
report with respect to fiscal year 1987. The President transmitted his
recommendations concerning that report in his fiscal year 1988 Budget
message (Jan. 5, 1987, H. Doc. 100-11). Since not disapproved by the
Congress in accordance with the Salary Act (2 U.S.C. 359), those
recommendations took effect on March 1, 1987. On return to the normal
quadrennial cycle, the President transmitted with his fiscal year 1990
Budget message recommendations concerning a salary commission report
with respect to fiscal year 1989 (Jan. 9, 1989, H. Doc. 101-21). Those
recommendations were disapproved by Public Law 101-1 (H. J. Res. 129,
101st Cong., Feb. 7, 1989, p. 1708). In 1989, the Salary Act was amended
to redesignate the Commission, refine the parameters for quadrennial
adjustments, and provide for privileged consideration of legislation to
approve adjustments recommended by the President. The quadrennial review
contemplated by the statute has not occurred since 1993. Adjustments are
to maintain equal levels of pay among the Speaker, the Vice President,
and the Chief Justice; among the Majority and Minority Leaders, the
President pro tempore of the Senate, and level I of the Executive
Schedule; and among Representatives, Senators, certain judges, and level
II of the Executive Schedule (2 U.S.C. 362).
Under section 311(d) of the Legislative Branch Appropriations Act,
1988 (2 U.S.C. 60a-2a), the Speaker may adjust pay levels for officers
and employees of the House to maintain certain relationships with
comparable levels in the Senate and in the other branches of government.
This authority to issue ``pay orders'' is stated as follows:
``Sec. 311. * * * (d)(1) Notwithstanding any other provision of this
Act, or any other provision of law, rule, or regulation, hereafter each
time the President pro tempore of the Senate exercises any authority
pursuant to any of the amendments made by this section with respect to
rates of pay or any other matter relating to personnel whose pay is
disbursed by the Secretary of the Senate, or whenever any of the events
described in paragraph (2) occurs, the Speaker of the House of
Representatives may adjust the rates of pay (and any minimum or maximum
rate, limitation, or allowance) applicable to personnel whose pay is
disbursed by the Clerk of the House of Representatives to the extent
necessary to ensure--
``(A) appropriate pay levels and relationships between and
among positions held by personnel of the House of
Representatives; and
``(B) appropriate pay relationships between--
``(i) positions referred to in subparagraph (A); and
``(ii)(I) positions under subparagraphs (A) through
(D) of section 225(f) of the Federal Salary Act of 1967
[2 U.S.C. 356];
``(II) positions held by personnel whose pay is
disbursed by the Secretary of the Senate; and
[[Page 1083]]
``(III) positions to which the General Schedule
applies.
``(2) The other events permitting an exercise of authority under this
subsection are either--
``(A) an adjustment under section 5303 of title 5, United
States Code, in rates of pay under the General Schedule; or
``(B) an adjustment in rates of pay for Members of the House
of Representatives (other than an adjustment which occurs by
virtue of an adjustment described in subparagraph (A)).
``(3) For the purpose of this subsection, the term `Member of the
House of Representatives' means a Member of the House of
Representatives, a Delegate to the House of Representatives, and the
Resident Commissioner from Puerto Rico.''
Sec. 1130(13)
13. Energy Policy and Conservation Act [42 U.S.C. 6421]
Part C--Congressional Review
procedure for congressional review of presidential requests to implement
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 affirma
[[Page 1084]]
tively 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
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 1085]]
(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.
(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
[[Page 1086]]
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)
14. Extensions of Emergency Energy Authorities [42 U.S.C. 8374]
Sec. 404. emergency authorities.--(a) coal allocation authority.--(1)
If the President--
(A) declares a severe energy supply interruption, as defined
in section 3(8) of the Energy Policy and Conservation Act [42
U.S.C. 6202(8)], or
(B) finds, and publishes such finding, that a national or
regional fuel supply shortage exists or may exist which the
President determines--
[[Page 1087]]
(i) is, or is likely to be, of significant scope and
duration, and of an emergency nature;
(ii) causes, or may cause, major adverse impact on
public health, safety, or welfare or on the economy; and
(iii) results, or is likely to result, from an
interruption in the supply of coal or from sabotage, or
an act of God;
the President may, by order, allocate (and require the transportation
thereof) for the use of any electrical powerplant or major fuel-burning
installation, in accordance with such terms and conditions as he may
prescribe, to insure reliability of electric service or prevent
unemployment, or protect public health, safety, or welfare.
(2) For purposes of this subsection, the term ``coal'' means
anthracite and bituminous coal and lignite (but does not mean any fuel
derivative thereof).
(b) emergency prohibition on use of natural gas or petroleum.--If the
President declares a severe energy supply interruption, as defined in
section 3(8) of the Energy Policy and Conservation Act [42 U.S.C.
6202(8)], the President may, by order, prohibit any electric powerplant
or major fuelburning installation from using natural gas or petroleum,
or both, as a primary energy source for the duration of such
interruption. Notwithstanding any other provision of this section, any
suspension of emission limitations or other requirements of applicable
implementation plans, as defined in section 110(d) of the Clean Air Act
[42 U.S.C. 7410(d)], required by such prohibition shall be issued only
in accordance with section 110(f) of the Clean Air Act [42 U.S.C.
7410(f)].
(c) emergency stays.--The President may, by order, stay the
application of any provision of this act, or any rule or order
thereunder, applicable to any new or existing electric powerplant, if
the President finds, and publishes such finding, that an emergency
exists, due to national, regional, or systemwide shortages of coal or
other alternate fuels, or disruption of transportation facilities, which
emergency is likely to affect reliability of service of any such
electric powerplant.
(d) duration of emergency orders.--(1) Except as provided in paragraph
(3), any order issued by the President under this section shall not be
effective for longer than the duration of the interruption or emergency,
or 90 days, whichever is less.
[[Page 1088]]
(2) Any such order may be extended by a subsequent order which the
President shall transmit to the Congress in accordance with section 551
of the Energy Policy and Conservation Act [42 U.S.C. 6421]. Such order
shall be subject to congressional review pursuant to such section.
(3) Notwithstanding paragraph (1), the effectiveness of any order
issued under this section shall not terminate under this subsection
during the 15-calendar-day period during which any such subsequent order
described in paragraph (2) is subject to congressional review under
section 551 of the Energy Policy and Conservation Act [42 U.S.C. 6421].
Sec. 1130(15)
15. Nuclear Waste Fund Fees [42 U.S.C. 10222]
Sec. 302. (a) contracts.--(1) In the performance of his functions
under this Act, the Secretary is authorized to enter into contracts with
any person who generates or holds title to high-level radioactive waste,
or spent nuclear fuel, of domestic origin for the acceptance of title,
subsequent transportation, and disposal of such waste or spent fuel.
Such contracts shall provide for payment to the Secretary of fees
pursuant to paragraphs (2) and (3) sufficient to offset expenditures
described in subsection (d).
* * *
(4) Not later than 180 days after the date of enactment of this Act,
the Secretary shall establish procedures for the collection and payment
of the fees established by paragraph (2) and paragraph (3). The
Secretary shall annually review the amount of the fees established by
paragraphs (2) and (3) above to evaluate whether collection of the fee
will provide sufficient revenues to offset the costs as defined in
subsection (d) herein. In the event the Secretary determines that either
insufficient or excess revenues are being collected, in order to recover
the costs incurred by the Federal Government that are specified in
subsection (d), the Secretary shall propose an adjustment to the fee to
insure full cost recovery. The Secretary shall immediately transmit this
proposal for such an adjustment to Congress. The adjusted fee proposed
by the Secretary shall be effective after a period of 90 days of
continuous session have elapsed following the receipt of such
transmittal unless during such 90-day period either House of Congress
adopts a resolution disapproving the Secretary's proposed adjustment in
accordance with the procedures
[[Page 1089]]
set forth for congressional review of an energy action under section 551
of the Energy Policy and Conservation Act [42 U.S.C. 6421].
Sec. 1130(16A)
16. Arms Export Control
a. arms export control act, Sec. 36
[22 U.S.C. 2776(b)]
reports on commercial and governmental military exports; congressional
action
Sec. 36. * * * (b)(1) In the case of any letter of offer to sell any
defense articles or services under this Act for $50,000,000 or more, any
design and construction services for $200,000,000 or more, or any major
defense equipment for $14,000,000 or more, before such letter of offer
is issued, the President shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a numbered certification with respect to such
offer to sell containing the information specified in * * * subsection
(a) * * *
A certification transmitted pursuant to this subsection shall be
unclassified, except that the information specified in clause (ii) and
the details of the description specified in clause (iii) of subsection
(a) may be classified if the public disclosure thereof would be clearly
detrimental to the security of the United States, in which case the
information shall be accompanied by a description of the damage to the
national security that could be expected to result from public
disclosure of the information. The letter of offer shall not be issued
with respect to a proposed sale to the North Atlantic Treaty
Organization, any member country of such Organization, Japan, Australia,
or New Zealand, if the Congress, within fifteen calendar days after
receiving such certification, or with respect to a proposed sale to any
other country or organization, if the Congress within thirty calendar
days after receiving such certification, enacts a joint resolution
prohibiting the proposed sale, unless the President states in his
certification that an emergency exists which requires such sale in the
national security interests of the United States. If the President
states in his certification that an emergency exists which requires the
proposed sale in the national security interest of the United States,
thus waiving the congressional re
[[Page 1090]]
view requirements of this subsection, he shall set forth in the
certification a detailed justification for his determination, including
a description of the emergency circumstances which necessitate the
immediate issuance of the letter of offer and a discussion of the
national security interests involved.
(2) Any such joint resolution shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976, except that for
purposes of consideration of any joint resolution with respect to the
North Atlantic Treaty Organization, any member country of such
Organization, Japan, Australia, or New Zealand, it shall be in order in
the Senate to move to discharge a committee to which such joint
resolution was referred if such committee has not reported such joint
resolution at the end of five calendar days after its introduction.
(3) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
* * *
Pursuant to this provision, a motion that the House resolve itself
into the Committee of the Whole for consideration of a concurrent (now
joint; see P.L. 99-247) resolution disapproving an export sale of major
defense equipment is highly privileged after the resolution has been
reported, subject to the three-day availability requirement of clause 4
of rule XIII (former clause 2(l)(6) of rule XI) (Oct. 14, 1981, pp.
23796, 23871, 23872; May 7, 1986, p. 9716).
Sec. 1130(16B)
b. arms export control act, Sec. 36
commercial exports of defense articles and defense services
[22 U.S.C. 2776(c)]
Sec. 36. * * * (c) * * * (2) Unless the President states in his
certification [under paragraph (1)] that an emergency exists which
requires the proposed export in the national security interests of the
United States, a license for export described in paragraph (1)--
(A) in the case of a license for an export to the North
Atlantic Treaty Organization, any member
[[Page 1091]]
country of that Organization or Australia, Japan, or New
Zealand, shall not be issued until at least 15 calendar days
after the Congress receives such certification, and shall not be
issued then if the Congress, within that 15-day period, enacts a
joint resolution prohibiting the proposed export; and
(B) in the case of a license for an export of a commercial
communications satellite for launch from, and by nationals of,
the Russian Federation, Ukraine, or Kazakhstan, shall not be
issued until at least 15 calendar days after the Congress
receives such certification, and shall not be issued then if the
Congress, within that 15-day period, enacts a joint resolution
prohibiting the proposed export; and
(C) in the case of any other license, shall not be issued
until at least 30 calendar days after the Congress receives such
certification, and shall not be issued then if the Congress,
within that 30-day period, enacts a joint resolution prohibiting
the proposed export.
(3)(A) Any joint resolution under this subsection shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and enactment of
joint resolutions under this subsection, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
Sec. 1130(16C)
c. arms export control act, Sec. 36
commercial manufacturing agreements
[22 U.S.C. 2776(d)]
Sec. 36. (d)(1) In the case of an approval under section 38 of this
Act [22 U.S.C. 2778] of a United States commercial technical assistance
or manufacturing licensing agreement which involves the manufacture
abroad of any item of significant combat equipment on the United States
Munitions List, before such approval is given, the President shall
submit a certification with respect to such proposed commercial
agreement in a manner similar to the certification required under
subsection (c)(1) of this section containing comparable information,
except that the last sen
[[Page 1092]]
tence of such subsection shall not apply to certifications submitted
pursuant to this subsection.
(2) A certification under this subsection shall be submitted--
(A) at least 15 days before approval is given in the case of
an agreement for or in a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, or New
Zealand; and
(B) at least 30 days before approval is given in the case of
an agreement for or in any other country;
unless the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States.
(3) If the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States, thus waiving the
requirements of paragraph (4), he shall set forth in the certification a
detailed justification for his determination, including a description of
the emergency circumstances which necessitate the immediate approval of
the agreement and a discussion of the national security interests
involved.
(4) Approval for an agreement subject to paragraph (1) may not be
given under section 38 if the Congress, within the 15-day or 30-day
period specified in paragraph (2)(A) or (B), as the case may be, enacts
a joint resolution prohibiting such approval.
(5)(A) Any joint resolution under paragraph (4) shall be considered in
the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and enactment of
joint resolutions under paragraph (4), a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
Sec. 1130(16D)
d. arms export control act, Sec. 3
third country transfer of military equipment
[22 U.S.C. 2753]
Sec. 3. (a) No defense article or defense service shall be sold or
leased by the United States Government under
[[Page 1093]]
this Act to any country or international organization, and no agreement
shall be entered into for a cooperative project (as defined in section
27 of this Act [22 U.S.C. 2767]), unless--
* * *
(2) the country or international organization shall have agreed not to
transfer title to, or possession of, any defense article or related
training or other defense service so furnished to it, or produced in a
cooperative project (as defined in section 27 of this Act [22 U.S.C.
2767]), to anyone not an officer, employee, or agent of that country or
international organization (or the North Atlantic Treaty Organization or
the specific member countries (other than the United States) in the case
of a cooperative project) and not to use or permit the use of such
article or related training or other defense service for purposes other
than those for which furnished unless the consent of the President has
first been obtained;
* * *
(d)(1) The President may not give his consent under paragraph (2) of
subsection (a) or under the third sentence of such subsection, or under
section 505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961 [22
U.S.C. 2314(a)(1) or (4)], to a transfer of any major defense equipment
valued (in terms of its original acquisition cost) at $14,000,000 or
more, or any defense article or related training or of other defense
service valued (in terms of its original acquisition cost) at
$50,000,000 or more, unless the President submits to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate a written certification with respect to such proposed transfer
containing--
(A) the name of the country or international organization
proposing to make such transfer,
(B) a description of the article or service proposed to be
transferred, including its acquisition cost,
(C) the name of the proposed recipient of such article or
service,
(D) the reasons for such proposed transfer, and
(E) the date on which such transfer is proposed to be made.
Any certification submitted to Congress pursuant to this paragraph shall
be unclassified, except that information regarding the dollar value and
number of articles or serv
[[Page 1094]]
ices proposed to be transferred may be classified if public disclosure
thereof would be clearly detrimental to the security of the United
States.
(2)(A) Except as provided in subparagraph (B), unless the President
states in the certification submitted pursuant to paragraph (1) of this
subsection that an emergency exists which requires that consent to the
proposed transfer become effective immediately in the national security
interests of the United States, such consent shall not become effective
until 30 calendar days after the date of such submission and such
consent shall become effective then only if the Congress does not enact,
within such 30-day period, a joint resolution prohibiting the proposed
transfer.
(B) In the case of a proposed transfer to the North Atlantic Treaty
Organization, or any member country of such Organization, Japan,
Australia, or New Zealand, unless the President states in the
certification submitted pursuant to paragraph (1) of this subsection
that an emergency exists which requires that consent to the proposed
transfer become effective immediately in the national security interests
of the United States, such consent shall not become effective until
fifteen calendar days after the date of such submission and such consent
shall become effective then only if the Congress does not enact, with
such fifteen-day period, a joint resolution prohibiting the proposed
transfer.
(C) If the President states in his certification under subparagraph
(A) or (B) that an emergency exists which requires that consent to the
proposed transfer become effective immediately in the national security
interests of the United States, thus waiving the requirements of that
subparagraph, the President shall set forth in the certification a
detailed justification for his determination, including a description of
the emergency circumstances which necessitate immediate consent to the
transfer and a discussion of the national security interests involved.
(D)(i) Any joint resolution under this paragraph shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and enactment of
joint resolutions under this paragraph, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate com
[[Page 1095]]
mittee shall be treated as highly privileged in the House of
Representatives.
(3)(A) The President may not give his consent to the transfer of any
major defense equipment valued (in terms of its original acquisition
cost) at $14,000,000 or more, or any defense article or defense service
valued (in terms of its original acquisition cost) at $50,000,000 or
more, the export of which has been licensed or approved under section 38
of this Act [22 U.S.C. 2778], unless before giving such consent the
President submits to the Speaker of the House of Representatives and the
Chairman of the Committee on Foreign Relations of the Senate a
certification containing the information specified in subparagraphs (A)
through (E) of paragraph (1). Such certification shall be submitted--
(i) at least 15 calendar days before such consent is given in
the case of a transfer to a country which is a member of the
North Atlantic Treaty Organization or Australia, Japan, or New
Zealand; and
(ii) at least 30 calendar days before such consent is given in
the case of a transfer to any other country,
unless the President states in his certification that an emergency
exists which requires that consent to the proposed transfer become
effective immediately in the national security interests of the United
States. If the President states in his certification that such an
emergency exists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the President shall set
forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate that consent to the proposed transfer become effective
immediately and a discussion of the national security interests
involved.
(B) Consent to a transfer subject to subparagraph (A) shall become
effective after the end of the 15-day or 30-day period specified in
subparagraph (A)(i) or (ii), as the case may be, only if the Congress
does not enact, within that period, a joint resolution prohibiting the
proposed transfer.
(C)(i) Any joint resolution under this paragraph shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and enactment of
joint resolutions under this paragraph, a motion to proceed to the
consideration of any such joint reso
[[Page 1096]]
lution after it has been reported by the appropriate committee shall be
treated as highly privileged in the House of Representatives.
(4) This subsection shall not apply--
(A) to transfers of maintenance, repair, or overhaul defense
services, or of the repair parts of other defense articles used
in furnishing such services, if the transfer will not result in
any increase, relative to the original specifications, in the
military capability of the defense articles and services to be
maintained, repaired, or overhauled;
(B) to temporary transfers of defense articles for the sole
purpose of receiving maintenance, repair, or overhaul; or
(C) to arrangements among members of the North Atlantic Treaty
Organization or between the North Atlantic Treaty Organization
and any of its member countries--
(i) for cooperative cross servicing, or
(ii) for lead-nation procurement if the certification
transmitted to the Congress pursuant to section 36(b) of
this Act [22 U.S.C. 2776(b)] with regard to such lead-
nation procurement identified the transferees on whose
behalf the lead-nation procurement was proposed.
* * *
Sec. 1130(16E)
e. arms export control act, Sec. Sec. 62, 63
leases of defense articles
[22 U.S.C. 2796a and 2796b]
Sec. 62. reports to the congress.--(a) Before entering into or
renewing any agreement with a foreign country or international
organization to lease any defense article under this chapter, or to loan
any defense article under chapter 2 of part II of the Foreign Assistance
Act of 1961 [22 U.S.C. 2311], for a period of one year or longer, the
President shall transmit to the Speaker of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of the Senate
and the chairman of the Committee on Armed Services of the Senate, a
written certification which specifies--
[[Page 1097]]
(1) the country or international organization to which the
defense article is to be leased or loaned;
(2) the type, quantity, and value (in terms of replacement
cost) of the defense article to be leased or loaned;
(3) the terms and duration of the lease or loan; and
(4) a justification for the lease or loan, including an
explanation of why the defense article is being leased or loaned
rather than sold under this Act.
(b) The President may waive the requirements of this section (and in
the case of an agreement described in section 63 [22 U.S.C. 2796b], may
waive the provisions of that section) if he states in his certification,
that an emergency exists which requires that the lease or loan be
entered into immediately in the national security interests of the
United States. If the President states in his certification that such an
emergency exists, he shall set forth in the certification a detailed
justification for his determination, including a description of the
emergency circumstances which necessitate that the lease be entered into
immediately and a discussion of the national security interests
involved.
(c) The certification required by subsection (a) shall be
transmitted--
(1) not less than 15 calendar days before the agreement is
entered into or renewed in the case of an agreement with the
North Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, or New Zealand; and
(2) not less than 30 calendar days before the agreement is
entered into or renewed in the case of an agreement with any
other organization or country.
Sec. 63. legislative review.--(a) In the case of any agreement
involving the lease under this chapter, or the loan under chapter 2 of
part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311], to any
foreign country or international organization for a period of one year
or longer of any defense articles which are either (i) major defense
equipment valued (in terms of its replacement cost less any depreciation
in its value) at $14,000,000 or more, or (ii) defense articles valued
(in terms of their replacement cost less any depreciation in their
value) at $50,000,000 or more, the agreement may not be entered into or
renewed if the Congress, within the 15-day or 30-day period specified in
section 62(c) (1) or (2), as the case
[[Page 1098]]
may be, enacts a joint resolution prohibiting the proposed lease or
loan.
(b) Any joint resolution under subsection (a) shall be considered in
the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(c) For the purpose of expediting the consideration and enactment of
joint resolutions under subsection (a), a motion to proceed to the
consideration of any such resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the House
of Representatives.
Sec. 1130(17)
17. Federal Election Commission Regulations, Sec. 311(d) [2 U.S.C.
438(d)]
Sec. 311. * * * (d)(1) Before prescribing any rule, regulation, or
form under this section or any other provision of this Act, the
Commission shall transmit a statement with respect to such rule,
regulation, or form to the Senate and the House of Representatives, in
accordance with this subsection. Such statement shall set forth the
proposed rule, regulation, or form, and shall contain a detailed
explanation and justification of it.
(2) If either House of the Congress does not disapprove by resolution
any proposed rule or regulation submitted by the Commission under this
section within 30 legislative days after the date of the receipt of such
proposed rule or regulation or within 10 legislative days after the date
of receipt of such proposed form, the Commission may prescribe such
rule, regulation, or form.
(3) For purposes of this subsection, the term ``legislative day''
means, with respect to statements transmitted to the Senate, any
calendar day on which the Senate is in session, and with respect to
statements transmitted to the House of Representatives, any calendar day
on which the House of Representatives is in session.
(4) For purposes of this subsection, the terms ``rule'' and
``regulation'' mean a provision or series of interrelated provisions
stating a single, separate rule of law.
(5)(A) A motion to discharge a committee of the Senate from the
consideration of a resolution relating to any such rule, regulation, or
form or a motion to proceed to the consideration of such a resolution,
is highly privileged and shall be decided without debate.
[[Page 1099]]
(B) Whenever a committee of the House of Representatives reports any
resolution relating to any such form, rule or regulation, it is 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 is highly privileged and is not debatable. An
amendment to the motion is not in order, and is not in order to move to
reconsider the vote by which the motion is agreed to or disagreed with.
Sec. 1130(18)
18. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8 and 9 [15
U.S.C. 719f and 719g]
congressional review
Sec. 8. * * * (c) For purposes of this section--
(1) continuity of session of Congress is broken only by an
adjournment 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 60-day calendar period.
(d)(1) This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of each House of
Congress, 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 it is inconsistent therewith; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as those rules relate
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 such
House.
(2) For purposes of this Act, the term ``resolution'' means (A) a
joint resolution, the resolving clause of which is as follows: ``That
the House of Representatives and Senate approve the Presidential
decision on an Alaska natural gas transportation system submitted to the
Congress on ------, 19--, and find that any environmental impact
statements prepared relative to such system and submitted with the
President's decision are in compliance with the Natural [so in original]
Environmental Policy Act of 1969.''; the blank space therein shall be
filled with the
[[Page 1100]]
date on which the President submits his decision to the House of
Representatives and the Senate; or (B) a joint resolution described in
subsection (g) of this section.
(3) A resolution once introduced with respect to a Presidential
decision on an Alaska natural gas transportation system shall be
referred to one or more committees (and all resolutions with respect to
the same Presidential decision on an Alaska natural gas transportation
system shall be referred to the same committee or committees) by the
President of the Senate or the Speaker of the House of Representatives,
as the case may be.
(4)(A) If any committee to which a resolution with respect to a
Presidential decision on an Alaska natural gas transportation system has
been referred has not reported it at the end of 30 calendar days after
its referral, it shall be in order to move either to discharge such
committee from further consideration of such resolution or to discharge
such committee from consideration of any other resolution with respect
to such Presidential decision on an Alaska natural gas transportation
system which has been referred to such 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 Presidential decision on an Alaska natural gas transportation
system), and debate thereon shall be limited to not more than 1 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 made with respect to any other resolution with respect
to the same Presidential decision on an Alaska natural gas
transportation system.
(5)(A) When any committee has reported, or has been discharged from
further consideration of, a resolution, but in no case earlier than 30
days after the date or receipt of the President's decision to the
Congress, 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
[[Page 1101]]
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 described in subsection (d)(2)(A) shall
be limited to not more than 10 hours and on any resolution described in
subsection (g) to one hour. This time 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 or, thereafter within such 60-day period, to consider
any other resolution respecting the same Presidential decision.
(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 procedures relating to a resolution shall be decided
without debate.
* * *
(g)(1) At any time after a decision designating a transportation
system is submitted to the Congress pursuant to this section, if the
President finds that any provision of law applicable to actions to be
taken under subsection (a) or (c) of section 9 (15 U.S.C. 719g(a) or
(c)) require waiver in order to permit expeditious construction and
initial operation of the approved transportation system, the President
may submit such proposed waiver to both Houses of Congress.
(2) Such provision shall be waived with respect to actions to be taken
under subsection (a) or (c) of section 9 [15 U.S.C. 719g(a) or (c)] upon
enactment of a joint resolution pursuant to the procedures specified in
subsection (c) and (d) of this section (other than subsection (d)(2)
thereof) within the first period of 60 calendar days of continuous
session of Congress beginning on the date after the date of receipt by
the Senate and House of Representatives of such proposal.
(3) The resolving clause of the joint resolution referred to in this
subsection is as follows: ``That the House of Representatives and Senate
approve the waiver of the provision of law (------) as proposed by the
President, submitted to the Congress on ------, 19----.'' The first
blank
[[Page 1102]]
space therein being filled with the citation to the provision of law and
the second blank space therein being filled with the date on which the
President submits his decision to the House of Representatives and the
Senate.
(4) In the case of action with respect to a joint resolution described
in this subsection, the phrase ``a waiver of a provision of law'' shall
be substituted in subsection (d) for the phrase ``the Alaska natural gas
transportation system.''.
authorizations
Sec. 9. (a) To the extent that the taking of any action which is
necessary or related to the construction and initial operation of the
approved transportation system requires a certificate, right-of-way,
permit, lease, or other authorization to be issued or granted by a
Federal officer or agency, such Federal officer or agency shall--
(1) to the fullest extent permitted by the provisions of law
administered by such officer or agency, but
(2) without regard to any provision of law which is waived
pursuant to section 8(g) [15 U.S.C. 719f(g)] issue or grant such
certificates, permits, rights-of-way, leases, and other
authorizations at the earliest practicable date.
* * *
(c) Any certificate, right-of-way, permit, lease, or other
authorization issued or granted pursuant to the direction under
subsection (a) shall include the terms and conditions required by law
unless waived pursuant to a resolution under section 8(g) [15 U.S.C.
719f(g)], and may include terms and conditions permitted by law, except
that with respect to terms and conditions permitted but not required,
the Federal officer or agency, notwithstanding any such other provision
of law, shall have no authority to include terms and conditions as would
compel a change in the basic nature and general route of the approved
transportation system or those the inclusion of which would otherwise
prevent or impair in any significant respect the expeditious
construction and initial operation of such transportation system.
Pursuant to section 8(d)(6)(A) of this statute [15 U.S.C.
719f(d)(6)(A)] a privileged motion to resolve into the Committee of the
Whole to consider a joint resolution providing a waiver of law under the
statute is subject to a nondebatable motion to postpone to a day certain
(or indefinitely) (Dec. 8, 1981, pp. 29972-73).
[[Page 1103]]
Sec. 1130(19)
19. Crude Oil Transportation Systems [43 U.S.C. 2008]
Sec. 508. procedures for waiver of federal law.--(a) waiver of
provisions of federal law.--The President may identify those provisions
of Federal law (including any law or laws regarding the location of a
crude oil transportation system but not including any provision of the
antitrust laws) which, in the national interest, as determined by the
President, should be waived in whole or in part to facilitate
construction or operation of any such system approved under section 507
[43 U.S.C. 2007] or of the Long Beach-Midland project, and he shall
submit any such proposed waiver to both Houses of the Congress. The
provisions so identified shall be waived with respect to actions to be
taken to construct or operate such system or project only upon enactment
of a joint resolution within the first period of 60 calendar days of
continuous session of Congress beginning on the date of receipt by the
House of Representatives and the Senate of such proposal.
(b) joint resolution.--The resolving clause of the joint resolution
referred to in subsection (a) is as follows: ``That the House of
Representatives and Senate approve the waiver of the provisions of law
(------) as proposed by the President, submitted to the Congress on ----
--, 19----.''. The first blank space therein being filled with the
citation to the provisions of law proposed to be waived by the President
and the second blank space therein being filled with the date on which
the President submits his decision to waive such provisions of law to
the House of Representatives and the Senate. Rules and procedures for
consideration of any such joint resolution shall be governed by section
8 (c) and (d) of the Alaskan Natural Gas Transportation Act [15 U.S.C.
719f(c) and (d)], other than paragraph (2) of section 8(d) [15 U.S.C.
719f(d)], except that for the purposes of this subsection, the phrase
``a waiver of provisions of law'' shall be substituted in section 8(d)
[15 U.S.C. 719f(d)] each place where the phrase ``an Alaska natural gas
transportation system'' appears.
[[Page 1104]]
Sec. 1130(20)
20. Alaska National Interest Lands Conservation Act, Sec. Sec. 1502 and
1503 [16 U.S.C. 3232 and 3233]
national need mineral activity recommendations
[16 U.S.C. 3232]
Sec. 1502. (a) recommendation.--At any time after December 2, 1980,
the President may transmit a recommendation to the Congress that mineral
exploration, development, or extraction not permitted under this Act or
other applicable law shall be permitted in a specified area of the lands
referred to in section 1501 [16 U.S.C. 3231]. Notice of such transmittal
shall be published in the Federal Register. No recommendation of the
President under this section may be transmitted to the Congress before
ninety days after publication in the Federal Register of notice of his
intention to submit such recommendation.
* * *
(d) approval.--Any recommendation under this section shall take effect
only upon enactment of a joint resolution approving such recommendation
within the first period of one hundred and twenty calendar days of
continuous session of Congress beginning on the date after the date of
receipt by the Senate and House of Representatives of such
recommendation. Any recommendation of the President submitted to
Congress under subsection (a) shall be considered received by both
Houses for purposes of this section on the first day on which both are
in session occurring after such recommendation is submitted.
(e) one-hundred-and-twenty-day computation.--For purposes of this
section--
(1) continuity of session of Congress is broken only by an
adjournment 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 the one-hundred-and-twenty-day
calendar period.
[[Page 1105]]
expedited congressional review
[16 U.S.C. 3233]
Sec. 1503. (a) rulemaking.--This subsection is enacted by Congress--
(1) as an exercise of the rulemaking power of each House of
Congress, 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 the House in the case
of resolutions described by subsection (b) of this section and
it supersedes other rules only to the extent that it is
inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as those relate 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 such House.
(b) resolution.--For purposes of this section, the term ``resolution''
means a joint resolution, the resolving clause of which is as follows:
``That the House of Representatives and Senate approve the
recommendation of the President for ------ in ------ submitted to the
Congress on ------, 19----.'', the first blank space therein to be
filled in with appropriate activity, the second blank space therein to
be filled in with the name or description of the area of land affected
by the activity, and the third blank space therein to be filled with the
date on which the President submits his recommendation to the House of
Representatives and the Senate. Such resolution may also include
material relating to the application and effect of the National
Environmental Policy Act of 1969 [42 U.S.C. 4321] to the recommendation.
(c) referral.--A resolution once introduced with respect to such
Presidential recommendation shall be referred to one or more committees
(and all resolutions with respect to the same Presidential
recommendation shall be referred to the same committee or committees) by
the President of the Senate or the Speaker of the House of
Representatives, as the case may be.
(d) other procedures.--Except as otherwise provided in this section
the provisions of section 8(d) of the Alaska Natural Gas Transportation
Act [15 U.S.C. 719f(d)] shall apply to the consideration of the
resolution.
[[Page 1106]]
Sec. 1130(21A)
21. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701]
a. land use planning
[43 U.S.C. 1712]
Sec. 202. (a) The Secretary shall, with public involvement and
consistent with the terms and conditions of this Act, develop, maintain,
and, when appropriate, revise land use plans which provide by tracts or
areas for the use of the public lands. Land use plans shall be developed
for the public lands regardless of whether such lands previously have
been classified, withdrawn, set aside, or otherwise designated for one
or more uses.
* * *
(d) Any classification of public lands or any land use plan in effect
on October 21, 1976, is subject to review in the land use planning
process conducted under this section, and all public lands, regardless
of classification, are subject to inclusion in any land use plan
developed pursuant to this section. The Secretary may modify or
terminate any such classification with such land use plans.
(e) The Secretary may issue management decisions to implement land use
plans developed or revised under this section in accordance with the
following:
(1) Such decisions, including but not limited to exclusions
(that is, total elimination) of one or more of the principal or
major uses made by a management decision shall remain subject to
reconsideration, modification, and termination through revision
by the Secretary or his delegate, under the provisions of this
section, of the land use plan involved.
(2) Any management decision or action pursuant to a management
decision that excludes (that is, totally eliminates) one or more
of the principal or major uses for two or more years with
respect to a tract of land of one hundred thousand acres or more
shall be reported by the Secretary to the House of
Representatives and the Senate. If within ninety days from the
giving of such notice (exclusive of days on which either House
has adjourned for more than three consecutive days), the
Congress adopts a concurrent resolution of nonapproval of the
management decision or
[[Page 1107]]
action, then the management decision or action shall be promptly
terminated by the Secretary. If the committee to which a
resolution has been referred during the said ninety day period
has not reported it at the end of thirty calendar days after its
referral, it shall be in order to either discharge the committee
from further consideration of such resolution or to discharge
the committee from consideration of any other resolution with
respect to the management decision or action. 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 such a resolution), 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. If the motion to
discharge is agreed to or disagreed to, the motion may not be
made with respect to any other resolution with respect to the
same management decision or action. When the committee has
reported, or has been discharged from further consideration of a
resolution, it shall at any time thereafter be 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.
Sec. 1130(21B)
b. sales
[43 U.S.C. 1713]
Sec. 203. * * * (c) Where a tract of the public lands in excess of two
thousand five hundred acres has been designated for sale, such sale may
be made only after the end of the ninety days (not counting days on
which the House of Representatives or the Senate has adjourned for more
than three consecutive days) beginning on the day the Secretary has
submitted notice of such designation to the Senate and the House of
Representatives, and then only if the Congress has not adopted a
concurrent resolution stating that such House does not approve of such
designa
[[Page 1108]]
tion. If the committee to which a resolution has been referred during
the said ninety day period has not reported it at the end of thirty
calendar days after its referral, it shall be in order to either
discharge the committee from further consideration of such resolution or
to discharge the committee from consideration of any other resolution
with respect to the designation. 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 such a
resolution), 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. If the motion to discharge is agreed to
or disagreed to, the motion may not be made with respect to any other
resolution with respect to the same designation. When the committee has
reported, or has been discharged from further consideration of a
resolution, it shall at any time thereafter be 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.
Sec. 1130(21C)
c. withdrawals
[43 U.S.C. 1714]
Sec. 204. * * * (c)(1) On and after the dates of approval of this Act
a withdrawal aggregating five thousand acres or more may be made (or
such a withdrawal or any other withdrawal involving the aggregate five
thousand acres or more which terminates after such date of approval may
be extended) only for a period of not more than twenty years by the
Secretary on his own motion or upon request by a department or agency
head. The Secretary shall notify both Houses of Congress of such a
withdrawal no later than its effective date and the withdrawal shall
terminate and become effective at the end of ninety days (not counting
days on which the Senate or the House of Representatives has adjourned
for more than three consecutive days) beginning on the day notice of
such withdrawal has been submitted to the Senate and to the House of
Representa
[[Page 1109]]
tives, if the Congress has adopted a concurrent resolution stating that
such House does not approve the withdrawal. If the committee to which a
resolution has been referred during the said ninety day period has not
reported it at the end of thirty calendar days after its referral, it
shall be in order to either discharge the committee from further
consideration of such resolution or to discharge the committee from
consideration of any other resolution with respect to the Presidential
recommendation. 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 such a resolution), 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. If the motion to discharge is agreed to or disagreed
to, the motion may not be made with respect to any other resolution with
respect to the same Presidential recommendation. When the committee has
reported, or has been discharged from further consideration of a
resolution, it shall at any time thereafter be 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.
Sec. 1130(21D)
d. review of withdrawals
[43 U.S.C. 1714]
Sec. 204. * * * (l)(1) The Secretary shall, within fifteen years of
October 21, 1976, review withdrawals existing on the date of approval of
this Act, in the States of Arizona, California, Colorado, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming of
(1) all Federal lands other than withdrawals of the public lands
administered by the Bureau of Land Management and of lands which, on the
date of approval of this Act, were part of Indian reservations and other
Indian holdings, the National Forest System, the National Park System,
the National Wildlife Refuge System, other lands administered by the
Fish and Wildlife Service or the Secretary through
[[Page 1110]]
the Fish and Wildlife Service, the National Wild and Scenic Rivers
System, and the National System of Trails; and (2) all public lands
administered by the Bureau of Land Management and of lands in the
National Forest System (except those in wilderness areas, and those
areas formally identified as primitive or natural areas or designated as
national recreation areas) which closed the lands to appropriation under
the Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22) or to
leasing under the Mineral Leasing Act of 1920 (41 Stat. 437, as amended;
30 U.S.C. 181).
(2) In the review required by paragraph (1) of this subsection, the
Secretary shall determine whether, and for how long, the continuation of
the existing withdrawal of the lands would be, in his judgment,
consistent with the statutory objectives of the programs for which the
lands were dedicated and of the other relevant programs. The Secretary
shall report his recommendations to the President, together with
statements of concurrence or nonconcurrence submitted by the heads of
the departments or agencies which administer the lands. The President
shall transmit this report to the President of the Senate and the
Speaker of the House of Representatives, together with his
recommendations for action by the Secretary, or for legislation. The
Secretary may act to terminate withdrawals other than those made by Act
of the Congress in accordance with the recommendations of the President
unless before the end of ninety days (not counting days on which the
Senate and the House of Representatives has adjourned for more than
three consecutive days) beginning on the day the report of the President
has been submitted to the Senate and the House of Representatives the
Congress has adopted a concurrent resolution indicating otherwise. If
the committee to which a resolution has been referred during the said
ninety day period has not reported it at the end of thirty calendar days
after its referral, it shall be in order to either discharge the
committee from further consideration of such resolution or to discharge
the committee from consideration of any other resolution with respect to
the Presidential recommendation. 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 such a
resolution), 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
[[Page 1111]]
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. If the motion to discharge is agreed to or disagreed to, the motion
may not be made with respect to any other resolution with respect to the
same Presidential recommendation. When the committee has reported, or
has been discharged from further consideration of a resolution, it shall
at any time thereafter be 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.
Sec. 1130(22)
22. Marine Fisheries Conservation Act, Sec. 203 [16 U.S.C. 1823]
Sec. 203. congressional oversight of international fishery
agreements.--(a) in general.--No governing international fishery
agreement, bycatch reduction agreement, or Pacific Insular Area fishery
agreement shall become effective with respect to the United States
before the close of the first 120 days (excluding any days in a period
for which the Congress is adjourned sine die) after the date on which
the President transmits to the House of Representatives and to the
Senate a document setting forth the text of such governing international
fishery agreement, bycatch reduction agreement, or Pacific Insular Area
fishery agreement. A copy of the document shall be delivered to each
House of Congress on the same day and shall be delivered to the Clerk of
the House of Representatives, if the House is not in session, and to the
Secretary of the Senate, if the Senate is not in session.
(b) referral to committees.--Any document described in subsection (a)
shall be immediately referred in the House of Representatives to the
Committee on Resources, and in the Senate to the Committees on Commerce
and Foreign Relations.
(c) congressional procedures.--(1) rules of the house of
representatives and senate.--The provisions of this section are enacted
by the Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and they are
deemed a part of the rules of each
[[Page 1112]]
House, respectively, but applicable only with respect to the
procedure to be followed in that House in the case of fishery
agreement resolutions described in paragraph (2), and they
supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, and in the same manner and
to the same extent as in the case of any other rule of that
House.
(2) definition.--For purposes of this subsection, the term ``fishery
agreement resolution'' refers to a joint resolution of either House of
Congress--
(A) the effect of which is to prohibit the entering into force
and effect of any governing international fishery agreement,
bycatch reduction agreement, or Pacific Insular Area fishery
agreement the text of which is transmitted to the Congress
pursuant to subsection (a); and
(B) which is reported from the Committee on Resources of the
House of Representatives or the Committee on Commerce or the
Committee on Foreign Relations of the Senate, not later than 45
days after the date on which the document described in
subsection (a) relating to that agreement is transmitted to the
Congress.
(3) placement on calendar.--Any fishery agreement resolution upon
being reported shall immediately be placed on the appropriate calendar.
(4) floor consideration in the house.--
(A) A motion in the House of Representatives to proceed to the
consideration of any fishery agreement resolution shall be
highly privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(B) Debate in the House of Representatives on any fishery
agreement resolution shall be limited to not more than 10 hours,
which shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate shall
not be debatable. It shall not be in order to move to recommit
any fishery agreement resolution or to move to reconsider the
vote by which any fishery agreement resolution is agreed to or
disagreed to.
[[Page 1113]]
(C) Motions to postpone, made in the House of Representatives
with respect to the consideration of any fishery agreement
resolution, and motions to proceed to the consideration of other
business, shall be decided without debate.
(D) All appeals from the decisions of the Chair relating to
the application of the Rules of the House of Representatives to
the procedure relating to any fishery agreement resolution shall
be decided without debate.
(E) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of any
fishery agreement resolution shall be governed by the Rules of
the House of Representatives applicable to other bills and
resolutions in similar circumstances.
Sec. 1130(23)
23. Outer Continental Shelf Lands Act, Sec. 8 [43 U.S.C. 1337]
Sec. 8. (a)(1) The Secretary is authorized to grant to the highest
responsible qualified bidder or bidders by competitive bidding, under
regulations promulgated in advance, any oil and gas lease on submerged
lands of the Outer Continental Shelf which are not covered by leases
meeting the requirements of subsection (a) of section 6 of this Act [43
U.S.C. 1335(a)]. * * *
* * *
(4)(A) The Secretary of Energy shall submit any bidding system
authorized in subparagraph (H) of paragraph (1) to the Senate and House
of Representatives. The Secretary may institute such bidding system
unless either the Senate or the House of Representatives passes a
resolution of disapproval within thirty days after receipt of the
bidding system.
(B) Subparagraphs (C) through (J) of this paragraph are enacted by
Congress--
(i) 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 they
are applicable only with respect to the procedures to be
followed in that House in the case of resolutions described by
this paragraph, and they supersede other
[[Page 1114]]
rules only to the extent that they are inconsistent therewith;
and
(ii) 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.
(C) A resolution disapproving a bidding system submitted pursuant to
this paragraph shall immediately be referred to a committee (and all
resolutions with respect to the same request 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.
(D) If the committee to which has been referred any resolution
disapproving the bidding system of the Secretary has not reported the
resolution at the end of ten calendar days after its referral, it shall
be in order to move either to discharge the committee from further
consideration of the resolution or to discharge the committee from
further consideration of any other resolution with respect to the same
bidding system which has been referred to the committee.
(E) 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 recommendation), 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 is agreed to or disagreed to.
(F) 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 bidding system.
(G) When the committee has reported, or has been discharged from
further consideration of, a resolution as provided in this paragraph, 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
[[Page 1115]]
to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(H) Debate on the resolution is limited to not more than two hours, to
be divided equally between those favoring and those opposing the
resolution. A motion further to limit debate is not debatable. An
amendment to, or motion to recommit, the resolution is not in order, and
it is not in order to move to reconsider the vote by which the
resolution is agreed to or disagreed to.
(I) Motions to postpone, made with respect to the discharge from the
committee, or the consideration of a resolution with respect to a
bidding system, and motions to proceed to the consideration of other
business, shall be decided without debate.
(J) 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 bidding system shall be decided without debate.
Sec. 1130(24A)
24. Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101]
a. high-level radioactive waste and spent nuclear fuel, Sec. Sec. 111-
125 [42 u.s.c. 10131-10145]
review of repository site selection, Sec. 115
[42 U.S.C. 10135]
Sec. 115. (a) definition.--For purposes of this section, the term
``resolution of repository siting approval'' means a joint resolution of
the Congress, the matter after the resolving clause of which is as
follows: ``That there hereby is approved the site at ------ for a
repository, with respect to which a notice of disapproval was submitted
by ------ on ------''. The first blank space in such resolution shall be
filled with the name of the geographic location of the proposed site of
the repository to which such resolution pertains; the second blank space
in such resolution shall be filled with the designation of the State
Governor and legislature or Indian tribe governing body submitting the
notice of disapproval to which such resolution pertains; and the last
blank space in such resolution shall be filled with the date of such
submission.
[[Page 1116]]
(b) state or indian tribe petitions.--The designation of a site as
suitable for application for a construction authorization for a
repository shall be effective at the end of the 60-day period beginning
on the date that the President recommends such site to the Congress
under section 114, unless the Governor and the legislature of the State
in which such site is located, or the governing body of an Indian tribe
on whose reservation such site is located, as the case may be, has
submitted to the Congress a notice of disapproval under section 116 or
118. If any such notice of disapproval has been submitted, the
designation of such site shall not be effective except as provided under
subsection (c).
(c) congressional review of petitions.--If any notice of disapproval
of a repository site designation has been submitted to the Congress
under section 116 or 118 after a recommendation for approval of such
site is made by the President under section 114, such site shall be
disapproved unless, during the first period of 90 calendar days of
continuous session of the Congress after the date of the receipt by the
Congress of such notice of disapproval, the Congress passes a resolution
of repository siting approval in accordance with this subsection
approving such site, and such resolution thereafter becomes law.
(d) procedures applicable to the senate.--[see 42 U.S.C. 10135(d)]
* * *
(e) procedures applicable to the house of representatives.--(1) The
provisions of this section are enacted by the Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives, and as such they are deemed a part of the rules
of the House, but applicable only with respect to the procedure
to be followed in the House in the case of resolutions of
repository siting approval, and such provisions supersede other
rules of the House only to the extent that they are inconsistent
with such other rules; and
(B) with full recognition of the constitutional right of the
House to change the rules (so far as relating to the procedure
of the 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) Resolutions of repository siting approval shall, upon
introduction, be immediately referred by the Speaker of
[[Page 1117]]
the House to the appropriate committee or committees of the House. Any
such resolution received from the Senate shall be held at the Speaker's
table.
(3) Upon the expiration of 60 days of continuous session after the
introduction of the first resolution of repository siting approval with
respect to any site, each committee to which such resolution was
referred shall be discharged from further consideration of such
resolution, and such resolution shall be referred to the appropriate
calendar, unless such resolution or an identical resolution was
previously reported by each committee to which it was referred.
(4) It shall be in order for the Speaker to recognize a Member
favoring a resolution to call up a resolution of repository siting
approval after it has been on the appropriate calendar for 5 legislative
days. When any such resolution is called up, the House shall proceed to
its immediate consideration and the Speaker shall recognize the Member
calling up such resolution and a Member opposed to such resolution for 2
hours of debate in the House, to be equally divided and controlled by
such Members. When such time has expired, the previous question shall be
considered as ordered on the resolution to adoption without intervening
motion. No amendment to any such resolution shall be in order, nor shall
it be in order to move to reconsider the vote by which such resolution
is agreed to or disagreed to.
(5) If the House receives from the Senate a resolution of repository
siting approval with respect to any site, then the following procedures
shall apply:
(A) The resolution of the Senate with respect to such site
shall not be referred to a committee.
(B) With respect to the resolution of the House with respect
to such site--
(i) the procedure with respect to that or other
resolutions of the House with respect to such site shall
be the same as if no resolution from the Senate with
respect to such site had been received; but
(ii) on any vote on final passage of a resolution of
the House with respect to such site, a resolution from
the Senate with respect to such site where the text is
identical shall be automatically substituted for the
resolution of the House.
(f) computation of days.--For purposes of this section--
[[Page 1118]]
(1) continuity of session of Congress is broken only by an
adjournment 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 90-day period referred to in
subsection (c) and the 60-day period referred to in subsections
(d) and (e).
* * *
Sec. 1130(24B)
b. interim storage program, Sec. Sec. 131-37 [42 u.s.c. 10151-57]
review of storage sites and state participation, Sec. 135
[42 U.S.C. 10155]
Sec. 135. * * * (d) * * * (6)(A) Upon deciding to provide an aggregate
of 300 or more metric tons of storage capacity under subsection (a)(1)
at any one site, the Secretary shall notify the Governor and legislature
of the State where such site is located, or the governing body of the
Indian tribe in whose reservation such site is located, as the case may
be, of such decision. During the 60-day period following receipt of
notification by the Secretary of his decision to provide an aggregate of
300 or more metric tons of storage capacity at any one site, the
Governor or legislature of the State in which such site is located, or
the governing body of the affected Indian tribe where such site is
located, as the case may be, may disapprove the provision of 300 or more
metric tons of storage capacity at the site involved and submit to the
Congress a notice of such disapproval. A notice of disapproval shall be
considered to be submitted to the Congress on the date of the
transmittal of such notice of disapproval to the Speaker of the House
and the President pro tempore of the Senate. Such notice of disapproval
shall be accompanied by a statement of reasons explaining why the
provision of such storage capacity at such site was disapproved by such
Governor or legislature or the governing body of such Indian tribe.
(B) Unless otherwise provided by State law, the Governor or
legislature of each State shall have authority to submit a notice of
disapproval to the Congress under subparagraph (A). In any case in which
State law provides for submission of any such notice of disapproval by
any other person or entity, any reference in this subtitle to the Gov
[[Page 1119]]
ernor or legislature of such State shall be considered to refer instead
to such other person or entity.
(C) The authority of the Governor and legislature of each State under
this paragraph shall not be applicable with respect to any site located
on a reservation.
(D) If any notice of disapproval is submitted to the Congress under
subparagraph (A), the proposed provision of 300 or more metric tons of
storage capacity at the site involved shall be disapproved unless,
during the first period of 90 calendar days of continuous session of the
Congress following the date of the receipt by the Congress of such
notice of disapproval, the Congress passes a resolution approving such
proposed provision of storage capacity in accordance with the procedures
established in this paragraph and subsections (d) through (f) of section
115 and such resolution thereafter becomes law. For purposes of this
paragraph, the term ``resolution'' means a joint resolution of either
House of the Congress, the matter after the resolving clause of which is
as follows: ``That there hereby is approved the provision of 300 or more
metric tons of spent nuclear fuel storage capacity at the site located
at ------, with respect to which a notice of disapproval was submitted
by ------ on ------.''. The first blank space in such resolution shall
be filled with the geographic location of the site involved; the second
blank space in such resolution shall be filled with the designation of
the State Governor and legislature or affected Indian tribe governing
body submitting the notice of disapproval involved; and the last blank
space in such resolution shall be filled with the date of submission of
such notice of disapproval.
(E) For purposes of the consideration of any resolution described in
subparagraph (D), each reference in subsections (d) and (e) of section
115 to a resolution of repository siting approval shall be considered to
refer to the resolution described in such subparagraph.
* * *
Sec. 1130(24C)
c. monitored retrievable storage, Sec. Sec. 141-49
secretarial proposal, Sec. 141
[42 U.S.C. 10161]
Sec. 141. * * * (b) submission of proposal by secretary.--(1) On or
before June 1, 1985, the Secretary
[[Page 1120]]
shall complete a detailed study of the need for and feasibility of, and
shall submit to the Congress a proposal for, the construction of one or
more monitored retrievable storage facilities for high-level radioactive
waste and spent nuclear fuel. Each such facility shall be designed--
(A) to accommodate spent nuclear fuel and high-level
radioactive waste resulting from civilian nuclear activities;
(B) to permit continuous monitoring, management, and
maintenance of such spent fuel and waste for the foreseeable
future;
(C) to provide for the ready retrieval of such spent fuel and
waste for further processing or disposal; and
(D) to safely store such spent fuel and waste as long as may
be necessary by maintaining such facility through appropriate
means, including any required replacement of such facility. * *
*
* * *
(h) participation of states and indian tribes.--Any facility
authorized pursuant to this section shall be subject to the provisions
of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of
carrying out the provisions of this subsection, any reference in
sections 115 through 118 to a repository shall be considered to refer to
a monitored retrievable storage facility.
site selection, Sec. 145
[42 U.S.C. 10165]
Sec. 145. (a) in general.--The Secretary may select the site evaluated
under section 144 that the Secretary determines on the basis of
available information to be the most suitable for a monitored
retrievable storage facility that is an integral part of the system for
the disposal of spent nuclear fuel and high-level radioactive waste
established under this Act.
* * *
notice of disapproval, Sec. 146
[42 U.S.C. 10166]
Sec. 146. (a) in general.--The selection of a site under section 145
shall be effective at the end of the period of 60 calendar days
beginning on the date of notification
[[Page 1121]]
under such subsection, unless the governing body of the Indian tribe on
whose reservation such site is located, or, if the site is not on a
reservation, the Governor and the legislature of the State in which the
site is located, has submitted to Congress a notice of disapproval with
respect to such site. If any such notice of disapproval has been
submitted under this subsection, the selection of the site under section
145 shall not be effective except as provided under section 115(c).
(b) references.--For purposes of carrying out the provisions of this
subsection, references in section 115(c) to a repository shall be
considered to refer to a monitored retrievable storage facility and
references to a notice of disapproval of a repository site designation
under section 116(b) or 118(a) shall be considered to refer to a notice
of disapproval under this section.
Sec. 1130(25A)
25. Defense Base Closure and Realignment
a. defense base closure and realignment act of 1990, Sec. Sec. 2903,
2904, and 2908 [10 u.s.c. 2687 note]
recommendations for base closures and realignments, Sec. 2903
Sec. 2903. * * * (c) dod recommendations.--(1) The Secretary may, by
no later than April 15, 1991, April 15, 1993, and April 15, 1995,
publish in the Federal Register and transmit to the congressional
defense committees and to the Commission a list of the military
installations inside the United States that the Secretary recommends for
closure or realignment * * *
(d) review and recommendations by the commission.-- * * * (2)(A) The
Commission shall, by no later than July 1 of each year in which the
Secretary transmits recommendations to it pursuant to subsection (c),
transmit to the President a report containing the Commission's findings
and conclusions based on a review and analysis of the recommendations
made by the Secretary, together with the Commission's recommendations
for closures and realignments of military installations inside the
United States.
* * *
(e) review by the president.--(1) The President shall, by no later
than July 15 of each year in which the Com
[[Page 1122]]
mission makes recommendations under subsection (d), transmit to the
Commission and to the Congress a report containing the President's
approval or disapproval of the Commission's recommendations.
(2) If the President approves all the recommendations of the
Commission, the President shall transmit a copy of such recommendations
to the Congress, together with a certification of such approval.
(3) If the President disapproves the recommendations of the
Commission, in whole or in part, the President shall transmit to the
Commission and the Congress the reasons for that disapproval. The
Commission shall then transmit to the President, by no later than August
15 of the year concerned, a revised list of recommendations for the
closure and realignment of military installations.
(4) If the President approves all of the revised recommendations of
the Commission transmitted to the President under paragraph (3), the
President shall transmit a copy of such revised recommendations to the
Congress, together with a certification of such approval.
(5) If the President does not transmit to the Congress an approval and
certification described in paragraph (2) or (4) by September 1 of any
year in which the Commission has transmitted recommendations to the
President under this part, the process by which military installations
may be selected for closure or realignment under this part with respect
to that year shall be terminated.
closure and realignment of military installations, Sec. 2904
Sec. 2904. (a) in general.--Subject to subsection (b), the Secretary
shall--
(1) close all military installations recommended for closure
by the Commission in each report transmitted to the Congress by
the President pursuant to section 2903(e);
(2) realign all military installations recommended for
realignment by such Commission in each such report;
(3) initiate all such closures and realignments no later than
two years after the date on which the President transmits a
report to the Congress pursuant to section 2903(e) containing
the recommendations for such closures or realignments; and
[[Page 1123]]
(4) complete all such closures and realignments no later than
the end of the six-year period beginning on the date on which
the President transmits the report pursuant to section 2903(e)
containing the recommendations for such closures or
realignments.
(b) congressional disapproval.--(1) The Secretary may not carry out
any closure or realignment recommended by the Commission in a report
transmitted from the President pursuant to section 2903(e) if a joint
resolution is enacted, in accordance with the provisions of section
2908, disapproving such recommendations of the Commission before the
earlier of--
(A) the end of the 45-day period beginning on the date on
which the President transmits such report; or
(B) the adjournment of Congress sine die for the session
during which such report is transmitted.
(2) For purposes of paragraph (1) of this subsection and subsections
(a) and (c) of section 2908, the days on which either House of Congress
is not in session because of an adjournment of more than three days to a
day certain shall be excluded in the computation of a period.
* * *
congressional consideration of commission report, Sec. 2908
Sec. 2908. (a) terms of the resolution.--For purposes of section
2904(b), the term ``joint resolution'' means only a joint resolution
which is introduced within the 10-day period beginning on the date on
which the President transmits the report to the Congress under section
2903(e), and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress disapproves the recommendations of the
Defense Base Closure and Realignment Commission as submitted by
the President on ------'', the blank space being filled in with
the appropriate date; and
(3) the title of which is as follows: ``Joint resolution
disapproving the recommendations of the Defense Base Closure and
Realignment Commission.''.
(b) referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on Armed Services of the House
[[Page 1124]]
of Representatives. A resolution described in subsection (a) introduced
in the Senate shall be referred to the Committee on Armed Services of
the Senate.
(c) discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the President transmits the report to the Congress under
section 2903(e), such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
(d) consideration.--(1) On or after the third day after the date on
which the committee to which such a resolution is referred has reported,
or has been discharged (under subsection (c)) from further consideration
of, such a resolution, it is 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. A
Member may make the motion only on the day after the calendar day on
which the Member announces to the House concerned the Member's intention
to make the motion, except that, in the case of the House of
Representatives, the motion may be made without such prior announcement
if the motion is made by direction of the committee to which the
resolution was referred. All points of order against the resolution (and
against consideration of the resolution) are waived. The motion is
highly privileged in the House of Representatives and is privileged in
the Senate and is not debatable. 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 resolution is agreed to,
the respective House shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other business,
and the resolution shall remain the unfinished business of the
respective House until disposed of.
(2) Debate on the resolution, and on all debatable motions and appeals
in connection therewith, shall be limited to not more than 2 hours,
which shall be divided equally between those favoring and those opposing
the resolution. An amendment to the resolution is not in order. A motion
further to limit debate is in order and not debatable. A
[[Page 1125]]
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 agreed to or
disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a 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
appropriate House, the vote on final passage of the resolution shall
occur.
(4) 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 described
in subsection (a) shall be decided without debate.
(e) consideration by other house.--(1) If, before the passage by one
House of a resolution of that House described in subsection (a), that
House receives from the other House a resolution described in subsection
(a), then the following procedures shall apply:
(A) The resolution of the other House shall not be referred to
a committee and may not be considered in the House receiving it
except in the case of final passage as provided in subparagraph
(B)(ii).
(B) With respect to a resolution described in subsection (a)
of the House receiving the resolution--
(i) the procedure in that House shall be the same as
if no resolution had been received from the other House;
but
(ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the other House,
it shall no longer be in order to consider the resolution that
originated in the receiving House.
(f) rules of the senate and house.--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 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
[[Page 1126]]
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.
Sec. 1130(25B)
b. emergency supplemental appropriations and rescissions for the
department of defense to preserve and enhance military readiness act of
1994, Sec. 112 [p.l. 104-6; 10 u.s.c. 2687 note]
department of defense--military construction
Sec. 112. None of the funds made available to the Department of
Defense for any fiscal year for military construction or family housing
may be obligated to initiate construction projects upon enactment of
this Act for any project on an installation that--
(1) was included in the closure and realignment
recommendations submitted by the Secretary of Defense to the
Base Closure and Realignment Commission on February 28, 1995,
unless removed by the Base Closure and Realignment Commission,
or
(2) is included in the closure and realignment recommendation
as submitted to Congress in 1995 in accordance with the Defense
Base Closure and Realignment Act of 1990, as amended (Public Law
101-510):
Provided, That the prohibition on obligation of funds for projects
located on an installation cited for realignment are only to be in
effect if the function or activity with which the project is associated
will be transferred from the installation as a result of the
realignment: Provided further, That this provision will remain in effect
unless the Congress enacts a Joint Resolution of Disapproval in
accordance with the Defense Base Closure and Realignment Act of 1990, as
amended (Public Law 101-510).
Sec. 1130(26)
26. Uruguay Round Agreements Act, Sec. 125 [19 U.S.C. 3535]
Sec. 125. review of participation in the wto.--
(a) report on the operation of the wto.--The first annual report
submitted to the Congress under section 124--
(1) after the end of the 5-year period beginning on the date
on which the WTO Agreement enters into force with respect to the
United States, and
[[Page 1127]]
(2) after the end of every 5-year period thereafter, shall
include an analysis of the effects of the WTO Agreement on the
interests of the United States, the costs and benefits to the
United States of its participation in the WTO, and the value of
the continued participation of the United States in the WTO.
(b) congressional disapproval of u.s. participation in the wto.--
(1) general rule.--The approval of the Congress, provided
under section 101(a), of the WTO Agreement shall cease to be
effective if, and only if, a joint resolution described in
subsection (c) is enacted into law pursuant to the provisions of
paragraph (2).
(2) procedural provisions.--(A) The requirements of this
paragraph are met if the joint resolution is enacted under
subsection (c), and--
(i) the Congress adopts and transmits the joint
resolution to the President before the end of the 90-day
period (excluding any day described in section 154(b) of
the Trade Act of 1974), beginning on the date on which
the Congress receives a report referred to in subsection
(a), and
(ii) if the President vetoes the joint resolution,
each House of Congress votes to override that veto on or
before the later of the last day of the 90-day period
referred to in clause (i) or the last day of the 15-day
period (excluding any day described in section 154(b) of
the Trade Act of 1974) beginning on the date on which
the Congress receives the veto message from the
President.
(B) A joint resolution to which this section applies may be
introduced at any time on or after the date on which the
President transmits to the Congress a report described in
subsection (a), and before the end of the 90-day period referred
to in subparagraph (A).
(c) joint resolutions.--
(1) joint resolutions.--For purposes of this section, the term
``joint resolution'' means only a joint resolution of the 2
Houses of Congress, the matter after the resolving clause of
which is as follows: ``That the Congress withdraws its approval,
provided under section 101(a) of the Uruguay Round Agreements
Act, of the WTO Agreement as defined in section 2(9) of that
Act.''.
[[Page 1128]]
(2) procedures.--(A) Joint resolutions may be introduced in
either House of the Congress by any member of such House.
(B) Subject to the provisions of this subsection, the
provisions of subsections (b), (d), (e), and (f) of section 152
of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f))
apply to joint resolutions to the same extent as such provisions
apply to resolutions under such section.
(C) If the committee of either House to which a joint
resolution has been referred has not reported it by the close of
the 45th day after its introduction (excluding any day described
in section 154(b) of the Trade Act of 1974), such committee
shall be automatically discharged from further consideration of
the joint resolution and it shall be placed on the appropriate
calendar.
(D) It is not in order for--
(i) the Senate to consider any joint resolution unless
it has been reported by the Committee on Finance or the
committee has been discharged under subparagraph (C); or
(ii) the House of Representatives to consider any
joint resolution unless it has been reported by the
Committee on Ways and Means or the committee has been
discharged under subparagraph (C).
(E) A motion in the House of Representatives to proceed to the
consideration of a joint resolution may only be made on the
second legislative day after the calendar day on which the
Member making the motion announces to the House his or her
intention to do so.
(3) consideration of second resolution not in order.--It shall
not be in order in either the House of Representatives or the
Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section.
(d) rules of house of representatives and senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and such
procedures super
[[Page 1129]]
sede other rules only to the extent that they are inconsistent
with such other rules; and
(2) with the full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
In the 107th Congress a joint resolution withdrawing the approval of
the United States from the Agreement establishing the World Trade
Organization was considered under a special rule and failed of passage
(H.J.Res. 90, June 21, 2000, p. ----).
Sec. 1130(27)
27. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]
Sec. 304. substantive regulations.
(a) regulations.--
(1) in general.--The procedures applicable to the regulations
of the Board issued for the implementation of this Act, which
shall include regulations the Board is required to issue under
title II (including regulations on the appropriate application
of exemptions under the laws made applicable in title II) are
prescribed in this section.
(2) rulemaking procedure.--Such regulations of the Board--
(A) shall be adopted, approved, and issued in
accordance with subsection (b); and
(B) shall consist of 3 separate bodies of regulations,
which shall apply, respectively, to--
(i) the Senate and Employees of the Senate;
(ii) the House of Representatives and employees of the House of
Representatives; and
(iii) all other covered employees and employing offices.
(b) adoption by the board.--The Board shall adopt the regulations
referred to in subsection (a)(1) in accordance with the principles and
procedures set forth in section 553 of title 5, United States Code, and
as provided in the following provisions of this subsection:
(1) proposal.--The Board shall publish a general notice of
proposed rulemaking under section 553(b) of title 5, United
States Code, but, instead of publication of a general notice of
proposed rulemaking in the Federal Register, the Board shall
transmit such notice to
[[Page 1130]]
the Speaker of the House of Representatives and the President
pro tempore of the Senate for publication in the Congressional
Record on the first day on which both Houses are in session
following such transmittal. Such notice shall set forth the
recommendations of the Deputy Director for the Senate in regard
to regulations under subsection (a)(2)(B)(i), the
recommendations of the Deputy Director for the House of
Representatives in regard to regulations under subsection
(a)(2)(B)(ii), and the recommendations of the Executive Director
for regulations under subsection (a)(2)(B)(iii).
(2) comment.--Before adopting regulations, the Board shall
provide a comment period of at least 30 days after publication
of a general notice of proposed rulemaking.
(3) adoption.--After considering comments, the Board shall
adopt regulations and shall transmit notice of such action
together with a copy of such regulations to the Speaker of the
House of Representatives and the President pro tempore of the
Senate for publication in the Congressional Record on the first
day on which both Houses are in session following such
transmittal.
(4) recommendation as to method of approval.--The Board shall
include a recommendation in the general notice of proposed
rulemaking and in the regulations as to whether the regulations
should be approved by resolution of the Senate, by resolution of
the House of Representatives, by concurrent resolution, or by
joint resolution.
(c) approval of regulations.--
(1) in general.--Regulations referred to in paragraph
(2)(B)(i) of subsection (a) may be approved by the Senate by
resolution or by the Congress by concurrent resolution or by
joint resolution. Regulations referred to in paragraph
(2)(B)(ii) of subsection (a) may be approved by the House of
Representatives by resolution or by the Congress by concurrent
resolution or by joint resolution. Regulations referred to in
paragraph (2)(B)(iii) may be approved by Congress by concurrent
resolution or by joint resolution.
(2) referral.--Upon receipt of a notice of adoption of
regulations under subsection (b)(3), the presiding officers of
the House of Representatives and the Senate shall refer such
notice, together with a copy of
[[Page 1131]]
such regulations, to the appropriate committee or committees of
the House of Representatives and of the Senate. The purpose of
the referral shall be to consider whether such regulations
should be approved, and, if so, whether such approval should be
by resolution of the House of Representatives or of the Senate,
by concurrent resolution or by joint resolution.
(3) joint referral and discharge in the senate.--The presiding
officer of the Senate may refer the notice of issuance of
regulations, or any resolution of approval of regulations, to
one committee or jointly to more than one committee. If a
committee of the Senate acts to report a jointly referred
measure, any other committee of the Senate must act within 30
calendar days of continuous session, or be automatically
discharged.
(4) one-house resolution or concurrent resolution.--In the
case of a resolution of the House of Representatives or the
Senate or a concurrent resolution referred to in paragraph (1),
the matter after the resolving clause shall be the following:
``The following regulations issued by the Office of Compliance
on -------- are hereby approved:'' (the blank space being
appropriately filled in, and the text of the regulations being
set forth).
(5) joint resolution.--In the case of joint resolution
referred to in paragraph (1), the matter after the resolving
clause shall be the following: ``The following regulations
issued by the Office of Compliance on ------ are hereby approved
and shall have the force and effect of law:'' (the blank space
being appropriately filled in, and the text of the regulations
being set forth).
(d) issuance and effective date.--
(1) publication.--After approval of regulations under
subsection (c), the Board shall submit the regulations to the
Speaker of the House of Representatives and the President pro
tempore of the Senate for publication in the Congressional
Record on the first day on which both Houses are in session
following such transmittal.
(2) date of issuance.--The date of issuance of regulations
shall be the date on which they are published in the
Congressional Record under paragraph (1).
(3) effective date.--Regulations shall become effective not
less than 60 days after the regulations are
[[Page 1132]]
issued, except that the Board may provide for an earlier
effective date for good cause found (within the meaning of
section 553(d)(3) of title 5, United States Code) and published
with the regulation.
(e) amendment of regulations.--Regulations may be amended in the same
manner as is described in this section for the adoption, approval, and
issuance of regulations, except that the Board may, in its discretion,
dispense with publications of a general notice of proposed rulemaking of
minor, technical, or urgent amendments that satisfy the criteria for
dispensing with publication of such notice pursuant to section 553(b)(B)
of title 5, United States Code.
* * *
In the 104th Congress the House agreed to a concurrent resolution
approving with changes regulations promulgated by the Office of
Compliance under this provision (S. Con. Res. 51, Apr. 15, 1996, p.
7515).
Sec. 1130(28)
28. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996,
Sec. 204(e) [22 U.S.C. 6064]
Sec. 204. termination of the economic embargo of cuba.
(a) presidential actions.--Upon submitting a determination to the
appropriate congressional committees under section 203(c)(1) that a
transition government in Cuba is in power, the President, after
consultation with the Congress, is authorized to take steps to suspend
the economic embargo of Cuba and to suspend the right of action created
in section 302 [22 U.S.C. 6082] with respect to actions thereafter filed
against the Cuban Government, to the extent that such steps contribute
to a stable foundation for a democratically elected government in Cuba.
* * *
(e) review of suspension of economic embargo.--
(1) review.--If the President takes action under subsection
(a) to suspend the economic embargo of Cuba, the President shall
immediately so notify the Congress. The President shall report
to the Congress no less frequently than every 6 months
thereafter, until he submits a determination under section
203(c)(3) that a democratically elected government in
[[Page 1133]]
Cuba is in power, on the progress being made by Cuba toward the
establishment of such a democratically elected government. The
action of the President under subsection (a) shall cease to be
effective upon the enactment of a joint resolution described in
paragraph (2).
(2) joint resolutions.--For purposes of this subsection, the
term ``joint resolution'' means only a joint resolution of the 2
Houses of Congress, the matter after the resolving clause of
which is as follows: ``That the Congress disapproves the action
of the President under section 204(a) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the
economic embargo of Cuba, notice of which was submitted to the
Congress on ------.'', with the blank space being filled with
the appropriate date.
(3) referral to committees.--Joint resolutions introduced in
the House of Representatives shall be referred to the Committee
on International Relations and joint resolutions introduced in
the Senate shall be referred to the Committee on Foreign
Relations.
(4) procedures.--(A) Any joint resolution shall be considered
in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
(B) For the purpose of expediting the consideration and
enactment of joint resolutions, a motion to proceed to the
consideration of any joint resolution after it has been reported
by the appropriate committee shall be treated as highly
privileged in the House of Representatives.
(C) Not more than 1 joint resolution may be considered in the
House of Representatives and the Senate in the 6-month period
beginning on the date on which the President notifies the
Congress under paragraph (1) of the action taken under
subsection (a), and in each 6-month period thereafter.
Sec. 1130(29)
29. Congressional Review of Agency Rulemaking [5 U.S.C. 801, 802, and
804]
The following excerpts of chapter 8 of title 5, United States Code, do
not contain privileged procedures for the consideration of a measure in
the House. They are depicted here because they constitute rules of the
House and potentially affect the legislative process. Detailed
procedures
[[Page 1134]]
for the consideration in the Senate of a joint resolution disapproving
an agency rule may be found in the statute (5 U.S.C. 802).
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 [2 U.S.C.
1532-35]; 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--
[[Page 1135]]
(i) the Congress receives the report submitted under
paragraph (1); or
(ii) the rule is published in the Federal Register, if
so published;
(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
[[Page 1136]]
(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.
(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).
* * *
(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
[[Page 1137]]
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.
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.
* * *
(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--
(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.
* * *
Sec. 804. definitions.
For purposes of this chapter--
[[Page 1138]]
(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--
(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.
* * *
Pursuant to 5 U.S.C. 801(d) notice appears in the Congressional Record
on the 15th legislative day of a new session of Congress of the
resubmission of all rules submitted to the House pursuant to 5 U.S.C.
801(a)(1) during the period from 60 legislative days before the
adjournment of a session through the convening of the next session (Mar.
1, 2000, p. ----).
[[Page 1139]]
Sec. 1130(30)
30. Balanced Budget and Emergency Deficit Control Act [2 U.S.C. 904(i),
907a-907d]
These excerpts are provided for quick reference. They include the
provisions of the Act that relate directly to House procedure. 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. 254. REPORTS AND ORDERS.
* * * * *
(i) Low-Growth Report.--At any time, CBO shall notify the Congress
if--
(1) during the period consisting of the quarter during which
such notification is given, the quarter preceding such
notification and the 4 quarters following such notification, CBO
or OMB has determined that real economic growth is projected or
estimated to be less than zero with respect to each of any 2
consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's advance
preliminary or final reports of actual real economic growth
indicate that the rate of real economic growth for each of the
most recently reported quarter and the immediately preceding
quarter is less than one percent.
* * * * *
SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
(a) Procedures in the Event of a Low-Growth Report.--
(1) Trigger.--Whenever CBO issues a low-growth report under
section 254(j), the Majority Leader of the House of
Representatives may, and the Majority Leader of the Senate
shall, introduce a joint resolution (in the form set forth in
paragraph (2)) declaring that the conditions specified in
section 254(j) are met and suspending the relevant provisions of
this title, titles III and VI of the Congressional Budget Act of
1974, and section 1103 of title 31, United States Code.
[[Page 1140]]
(2) Form of joint resolution.--
(A) The matter after the resolving clause in any joint
resolution introduced pursuant to paragraph (1) shall be
as follows: ``That the Congress declares that the
conditions specified in section 254(j) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are
met, and the implementation of the Congressional Budget
and Impoundment Control Act of 1974, chapter 11 of title
31, United States Code, and part C of the Balanced
Budget and Emergency Deficit Control Act of 1985 are
modified as described in section 258(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
(B) The title of the joint resolution shall be ``Joint
resolution suspending certain provisions of law pursuant
to section 258(a)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''; and the joint
resolution shall not contain any preamble.
(3) Committee action.--Each joint resolution introduced
pursuant to paragraph (1) shall be referred to the appropriate
committees of the House of Representatives or the Committee on
the Budget of the Senate, as the case may be; and such Committee
shall report the joint resolution to its House without amendment
on or before the fifth day on which such House is in session
after the date on which the joint resolution is introduced. If
the Committee fails to report the joint resolution within the
five-day period referred to in the preceding sentence, it shall
be automatically discharged from further consideration of the
joint resolution, and the joint resolution shall be placed on
the appropriate calendar.
(4) Consideration of joint resolution.--(A) A vote on final
passage of a joint resolution reported to the Senate or
discharged pursuant to paragraph (3) shall be taken on or before
the close of the fifth calendar day of session after the date on
which the joint resolution is reported or after the Committee
has been discharged from further consideration of the joint
resolution. If prior to the passage by one House of a joint
resolution of that House, that House receives the same joint
resolution from the other House, then--
[[Page 1141]]
(i) the procedure in that House shall be the same as
if no such joint resolution had been received from the
other House, but
(ii) the vote on final passage shall be on the joint
resolution of the other House.
When the joint resolution is agreed to, the Clerk of the House
of Representatives (in the case of a House joint resolution
agreed to in the House of Representatives) or the Secretary of
the Senate (in the case of a Senate joint resolution agreed to
in the Senate) shall cause the joint resolution to be engrossed,
certified, and transmitted to the other House of the Congress as
soon as practicable.
* * * * *
(b) Suspension of Sequestration Procedures.--Upon the enactment of a
declaration of war or a joint resolution described in subsection (a)--
(1) the subsequent issuance of any sequestration report or any
sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI of the
Congressional Budget Act of 1974 are suspended; and
(3) section 1103 of title 31, United States Code, is
suspended.
(c) Restoration of Sequestration Procedures.--(1) In the event of a
suspension of sequestration procedures due to a declaration of war,
then, effective with the first fiscal year that begins in the session
after the state of war is concluded by Senate ratification of the
necessary treaties, the provisions of subsection (b) triggered by that
declaration of war are no longer effective.
(2) In the event of a suspension of sequestration procedures due to
the enactment of a joint resolution described in subsection (a), then,
effective with regard to the first fiscal year beginning at least 12
months after the enactment of that resolution, the provisions of
subsection (b) triggered by that resolution are no longer effective.
SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.
(a) Introduction of Joint Resolution.--At any time after the Director
of OMB issues a final sequestration report under section 254 for a
fiscal year, but before the close of the twentieth calendar day of the
session of Congress beginning after the date of issuance of such report,
the majority leader of either House of Congress may intro
[[Page 1142]]
duce a joint resolution which contains provisions directing the
President to modify the most recent order issued under section 254 or
provide an alternative to reduce the deficit for such fiscal year. After
the introduction of the first such joint resolution in either House of
Congress in any calendar year, then no other joint resolution introduced
in such House in such calendar year shall be subject to the procedures
set forth in this section.
(b) Procedures for Consideration of Joint Resolutions.--
* * * * *
(7) Resolution from other house.--If, before the passage by
the Senate of a joint resolution of the Senate introduced under
subsection (a), the Senate receives from the House of
Representatives a joint resolution introduced under subsection
(a), then the following procedures shall apply:
(A) The joint resolution of the House of
Representatives shall not be referred to a committee and
shall be placed on the calendar.
(B) With respect to a joint resolution introduced
under subsection (a) in the Senate--
(i) the procedure in the Senate shall be the same as if no joint
resolution had been received from the House; but
(ii)(I) the vote on final passage shall be on the joint resolution of
the House if it is identical to the joint resolution then pending for
passage in the Senate; or
(II) if the joint resolution from the House is not identical to the
joint resolution then pending for passage in the Senate and the Senate
then passes the Senate joint resolution, the Senate shall be considered
to have passed the House joint resolution as amended by the text of the
Senate joint resolution.
(C) Upon disposition of the joint resolution received
from the House, it shall no longer be in order to
consider the resolution originated in the Senate.
(8) Senate action on house resolution.--If the Senate receives
from the House of Representatives a joint resolution introduced
under subsection (a) after the Senate has disposed of a Senate
originated resolution which is identical to the House passed
joint resolution, the action of the Senate with regard to the
dis
[[Page 1143]]
position of the Senate originated joint resolution shall be
deemed to be the action of the Senate with regard to the House
originated joint resolution. If it is not identical to the House
passed joint resolution, then the Senate shall be considered to
have passed the joint resolution of the House as amended by the
text of the Senate joint resolution.
SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
(a) Subject to subsections (b), (c), and (d), new budget authority and
unobligated balances for any programs, projects, or activities within
major functional category 050 (other than a military personnel account)
may be further reduced beyond the amount specified in an order issued by
the President under section 254 for such fiscal year. To the extent such
additional reductions are made and result in additional outlay
reductions, the President may provide for lesser reductions in new
budget authority and unobligated balances for other programs, projects,
or activities within major functional category 050 for such fiscal year,
but only to the extent that the resulting outlay increases do not exceed
the additional outlay reductions, and no such program, project, or
activity may be increased above the level actually made available by law
in appropriation Acts (before taking sequestration into account). In
making calculations under this subsection, the President shall use
account outlay rates that are identical to those used in the report by
the Director of OMB under section 254.
(b) No actions taken by the President under subsection (a) for a
fiscal year may result in a domestic base closure or realignment that
would otherwise be subject to section 2687 of title 10, United States
Code.
(c) The President may not exercise the authority provided by this
paragraph for a fiscal year unless--
(1) the President submits a single report to Congress
specifying, for each account, the detailed changes proposed to
be made for such fiscal year pursuant to this section;
(2) that report is submitted within 5 calendar days of the
start of the next session of Congress; and
(3) a joint resolution affirming or modifying the changes
proposed by the President pursuant to this paragraph becomes
law.
(d) Within 5 calendar days of session after the President submits a
report to Congress under subsection (c)(1) for a
[[Page 1144]]
fiscal year, the majority leader of each House of Congress shall (by
request) introduce a joint resolution which contains provisions
affirming the changes proposed by the President pursuant to this
paragraph.
(e)(1) The matter after the resolving clause in any joint resolution
introduced pursuant to subsection (d) shall be as follows: ``That the
report of the President as submitted on [Insert Date] under section 258B
is hereby approved.''.
(2) The title of the joint resolution shall be ``Joint resolution
approving the report of the President submitted under section 258B of
the Balanced Budget and Emergency Deficit Control Act of 1985.''.
(3) Such joint resolution shall not contain any preamble.
* * * * *
(l) If, before the passage by the Senate of a joint resolution of the
Senate introduced under subsection (d), the Senate receives from the
House of Representatives a joint resolution introduced under subsection
(d), then the following procedures shall apply:
(1) The joint resolution of the House of Representatives shall
not be referred to a committee.
(2) With respect to a joint resolution introduced under
subsection (d) in the Senate--
(A) the procedure in the Senate shall be the same as
if no joint resolution had been received from the House;
but
(B)(i) the vote on final passage shall be on the joint
resolution of the House if it is identical to the joint
resolution then pending for passage in the Senate; or
(ii) if the joint resolution from the House is not
identical to the joint resolution then pending for
passage in the Senate and the Senate then passes the
Senate joint resolution, the Senate shall be considered
to have passed the House joint resolution as amended by
the text of the Senate joint resolution.
(3) Upon disposition of the joint resolution received from the
House, it shall no longer be in order to consider the joint
resolution originated in the Senate.
(m) If the Senate receives from the House of Representatives a joint
resolution introduced under subsection (d) after the Senate has disposed
of a Senate originated joint resolution which is identical to the House
passed joint res
[[Page 1145]]
olution, the action of the Senate with regard to the disposition of the
Senate originated joint resolution shall be deemed to be the action of
the Senate with regard to the House originated joint resolution. If it
is not identical to the House passed joint resolution, then the Senate
shall be considered to have passed the joint resolution of the House as
amended by the text of the Senate joint resolution.
* * * * *