15 U.S.C. § 719f — Congressional review

Page 1215 TITLE 15—COMMERCE AND TRADE § 719f 1 So in original. Probably should be ‘‘National’’. mination including a complete factual and legal basis for the determination. A copy of each statement shall be forwarded promptly to the Board and made available to the public by the Federal Inspector. 1–107. After written notice of a proposed enforcement action is given by the Federal Inspector, the Federal Inspector will be subject to the rules of procedure for ex parte contacts as reflected in the guidelines and policies of Departments and Agencies from which the specific enforcement authority is transferred. 1–108. The Federal Inspector and all employees of the Office of the Federal Inspector shall be subject to the provisions of Executive Order No. 11222 concerning standards of conduct for Federal employees. The Fed- eral Inspector shall issue standards of conduct, pursu- ant to the Order, for the Office of the Federal Inspec- tor. 1–109. To the extent permitted by law, each Depart- ment and Agency shall cooperate with and furnish nec- essary information and assistance to the Board in the performance of its functions. 1–110. This Order shall be effective on July 1, 1979. JIMMY CARTER. § 719f. Congressional review (a) Effectiveness of decision designating trans- portation system for approval upon enact- ment of joint resolution Any decision under section 719e(a) of this title or subsection (b) designating for approval a transportation system for the delivery of Alaska natural gas shall take effect upon enactment of a joint resolution 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 a decision transmitted pursuant to section 719e(b) of this title or subsection (b) of this section. (b) New decision: statement of reasons for pro- posal; transmittal to Congress If the Congress does not enact such a joint res- olution within such 60-day period, the President, not later than the end of the 30th day following the expiration of the 60-day period, may propose a new decision and shall provide a detailed statement concerning the reasons for such pro- posal. The new decision shall be submitted in ac- cordance with section 719e(a) of this title and transmitted to the House of Representatives and the Senate on the same day while both are in session and shall take effect pursuant to sub- section (a) of this section. In the event that a resolution respecting the President’s decision was defeated by vote of either House, no new de- cision may be transmitted pursuant to this sub- section unless such decision differs in a material respect from the previous decision. (c) Sessions of Congress For purposes of this section— (1) continuity of session of Congress is bro- ken 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) Rules under rulemaking powers of Congress; change of rules; ‘‘resolution’’ defined; referral to Congressional committees; debate limita- tion; motion for consideration of resolution; debate on resolution; nondebatable motions and appeals from procedural decisions (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 super- sedes other rules only to the extent that it is inconsistent therewith; and (B) with full recognition of the constitu- tional right of either House to change the rules (so far as those rules relate to the proce- dure 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 chapter, the term ‘‘res- olution’’ means (A) a joint resolution, the re- solving 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 Con- gress on lllll, 19 , and find that any envi- ronmental impact statements prepared relative to such system and submitted with the Presi- dent’s decision are in compliance with the Nat- ural 1 Environmental Policy Act of 1969.’’; the blank space therein shall be filled with the 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). (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 com- mittees) 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 com- mittee from further consideration of such reso- lution or to discharge such committee from con- sideration of any other resolution with respect to such Presidential decision on an Alaska nat- ural 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 resolu- tion with respect to the same Presidential deci- sion on an Alaska natural gas transportation system), and debate thereon shall be limited to not more than 1 hour, to be divided equally be- tween those favoring and those opposing the res- olution. 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 Page 1216 TITLE 15—COMMERCE AND TRADE § 719f 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 of receipt of the President’s decision to the Congress, it shall be at any time thereafter in order (even though a previous mo- tion to the same effect has been disagreed to) to move to proceed to the consideration of the res- olution. 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 described in para- graph (2)(A) of this subsection 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 fa- voring and those opposing such resolution. A motion further to limit debate shall not be de- batable. An amendment to, or motion to recom- mit 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 respect- ing the same Presidential decision. (6)(A) Motions to postpone, made with respect to the discharge from committee, or the consid- eration 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 re- lating to the application of the rules of the Sen- ate or the House of Representatives, as the case may be, to the procedures relating to a resolu- tion shall be decided without debate. (e) Presidential finding respecting and sup- plementation or modification of environ- mental impact statement; submittal to Con- gressional committees The President shall find that any required en- vironmental impact statement relative to the Alaska natural gas transportation system des- ignated for approval by the President has been prepared and that such statement is in compli- ance with the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. Such finding shall be set forth in the report of the President submitted under section 719e of this title. The President may supplement or modify the envi- ronmental impact statements prepared by the Commission or other Federal officers or agen- cies. Any such environmental impact statement shall be submitted contemporaneously with the transmittal to the Senate and House of Rep- resentatives of the President’s decision pursuant to section 719e(b) of this title or subsection (b) of this section. (f) Report of Commission: submittal to Congress; Council on Environmental Quality: hearings, report, submittal to Congress; Congressional committee hearings Within 20 days of the transmittal of the Presi- dent’s decision to the Congress under section 719e(b) of this title or under subsection (b) of this section, (1) the Commission shall submit to the Congress a report commenting on the deci- sion and including any information with regard to that decision which the Commission con- siders appropriate, and (2) the Council on Envi- ronmental Quality shall provide an opportunity to any interested person to present oral and written data, views, and arguments on any envi- ronmental impact statement submitted by the President relative to any system designated by him for approval which is different from any system reported on by the Commission under section 719c(c) of this title, and shall submit to the Congress a report summarizing any such views received. The committees in each House of Congress to which a resolution has been referred under subsection (d)(3) shall conduct hearings on the Council’s report and include in any report of the committee respecting such resolution the findings of the committee on the legal and fac- tual sufficiency of any environmental impact statement submitted by the President relative to any system designated by him for approval. (g) Waiver; submittal to Congress (1) At any time after a decision designating a transportation system is submitted to the Con- gress pursuant to this section, if the President finds that any provision of law applicable to ac- tions to be taken under subsection (a) or (c) of section 719g of this title require waiver in order to permit expeditious construction and initial operation of the approved transportation sys- tem, 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 719g of this title upon enactment of a joint resolution pursuant to the procedures specified in subsections (c) and (d) of this sec- tion (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 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.’’. (Pub. L. 94–586, § 8, Oct. 22, 1976, 90 Stat. 2909.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (d)(2) and (e), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Page 1217 TITLE 15—COMMERCE AND TRADE § 719g Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare. CONGRESSIONAL APPROVAL OF PRESIDENTIAL REC- OMMENDATIONS FOR WAIVER OF LAW TO PERMIT EX- PEDITIOUS CONSTRUCTION AND INITIAL OPERATION OF SYSTEM Pub. L. 97–93, Dec. 15, 1981, 95 Stat. 1204, provided: ‘‘That the House of Representatives and Senate ap- prove the waiver of the provision of law (Public Law 95–158 [set out as a note below], Public Law numbered 688, Seventy-fifth Congress, second session [section 717 et seq. of this title], and Public Law 94–163 [42 U.S.C. 6201 et seq.]) as proposed by the President, submitted to the Congress on October 15, 1981.’’ [The Message of the President, dated Oct. 15, 1981, submitting the findings and proposed waiver of law, is set out in 17 Weekly Compilation of Presidential Documents 1135, Oct. 19, 1981.] CONGRESSIONAL APPROVAL OF PRESIDENTIAL DECISION ON ALASKA NATURAL GAS TRANSPORTATION SYSTEM Pub. L. 95–158, Nov. 8, 1977, 91 Stat. 1268, provided: ‘‘That the House of Representatives and Senate ap- prove the Presidential decision on an Alaska natural gas transportation system submitted to the Congress on September 22, 1977, and find that any environmental impact statements prepared relative to such system and submitted with the President’s decision are in com- pliance with the Natural [National] Environmental Policy Act of 1969 [section 4321 et seq. of Title 42, The Public Health and Welfare].’’ Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vest- ed in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of this title. § 719g. Transportation system certificates, rights- of-way, permits, leases, or other authoriza- tions (a) Earliest practicable date for issuance or grant of authorizations To the extent that the taking of any action which is necessary or related to the construc- tion and initial operation of the approved trans- portation 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 719f(g) of this title issue or grant such certificates, per- mits, rights-of-way, leases, and other author- izations at the earliest practicable date. (b) Expedition and precedence of actions on ap- plications or requests All actions of a Federal officer or agency with respect to consideration of applications or re- quests for the issuance or grant of a certificate, right-of-way, permit, lease, or other authoriza- tion to which subsection (a) applies shall be ex- pedited and any such application or request shall take precedence over any similar applica- tions or requests of the Federal officer or agen- cy. (c) Required terms and conditions Any certificate, right-of-way, permit, lease, or other authorization issued or granted pursuant to the direction under subsection (a) shall in- clude the terms and conditions required by law unless waived pursuant to a resolution under section 719f(g) of this title, and may include terms and conditions permitted by law, except that with respect to terms and conditions per- mitted but not required, the Federal officer or agency, notwithstanding any such other provi- sion 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 ap- proved transportation system or those the inclu- sion of which would otherwise prevent or impair in any significant respect the expeditious con- struction and initial operation of such transpor- tation system. (d) Additions to, and amendment or abrogation of authorizations; exception Any Federal officer or agency, with respect to any certificate, permit, right-of-way, lease, or other authorization issued or granted by such officer or agency, may, to the extent permitted under laws administered by such officer or agen- cy add to, amend or abrogate any term or condi- tion included in such certificate, permit, right- of-way, lease, or other authorization except that with respect to any such action which is per- mitted but not required by law, such Federal of- ficer or agency, notwithstanding any such other provision of law, shall have no authority to take such action if the terms and conditions to be added, or as amended, would compel a change in the basic nature and general route of the ap- proved transportation system or would other- wise prevent or impair in any significant respect the expeditious construction and initial oper- ation of such transportation system. (e) Appropriate terms and conditions Any Federal officer or agency to which sub- section (a) applies, to the extent permitted under laws administered by such officer or agen- cy, shall include in any certificate, permit, right-of-way, lease, or authorization issued or granted those terms and conditions identified in the President’s decision as appropriate for inclu- sion except that the requirement to include such