42 U.S.C. § 6422 — Expedited procedure for Congressional

Page 6829 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6422 1 See References in Text note below. endar 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 consider- ation 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 resolu- tion 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 resolu- tion. 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 com- mittee be made with respect to any other reso- lution 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 there- after in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolu- tion. 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 lim- ited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such resolution. A motion fur- ther to limit debate shall not be debatable. An amendment to, or motion to recommit, the reso- lution shall not be in order, and it shall not be in order to move to reconsider the vote by which such resolution was agreed to or disagreed to; except that it shall be in order— (i) to offer an amendment in the nature of a substitute, consisting of the text of a resolu- tion described in paragraph (2)(A) of this sub- section with respect to an energy action, for a resolution described in paragraph (2)(B) of this subsection with respect to the same such ac- tion, or (ii) to offer an amendment in the nature of a substitute, consisting of the text of a resolu- tion described in paragraph (2)(B) of this sub- section with respect to an energy action, for a resolution described in paragraph (2)(A) of this subsection with respect to the same such ac- tion. 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 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 procedure relating to a resolu- tion shall be decided without debate. (7) Notwithstanding any of the provisions of this subsection, if a House has approved a reso- lution 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. (Pub. L. 94–163, title V, § 551, Dec. 22, 1975, 89 Stat. 965.) § 6422. Expedited procedure for Congressional consideration of certain authorities (a) Contingency plan identification number; transmittal of plan to Congress Any contingency plan transmitted to the Con- gress pursuant to section 6261(a)(1) 1 of this title shall bear an identification number and shall be transmitted to both Houses of Congress on the same day and to each House while it is in ses- sion. (b) Necessity of Congressional resolution within certain period for plan to be considered ap- proved (1) No such energy conservation contingency plan may be considered approved for purposes of section 6261(b) 1 of this title unless between the date of transmittal and the end of the first pe- riod of 60 calendar days of continuous session of Congress after the date on which such action is transmitted to such House, each House of Con- gress passes a resolution described in subsection (d)(2)(A). (2)(A) Subject to subparagraph (B), any such rationing contingency plan shall be considered approved for purposes of section 6261(d) 1 of this title only if such plan is not disapproved by a resolution described in subsection (d)(2)(B)(i) which passes each House of the Congress during the 30-calendar-day period of continuous session after the plan is transmitted to such Houses and which thereafter becomes law. (B) A rationing contingency plan may be con- sidered approved prior to the expiration of the 30-calendar-day period after such plan is trans- mitted if a resolution described in subsection (d)(2)(B)(ii) is passed by each House of the Con- gress and thereafter becomes law. (c) Computation of period For the purpose of subsection (b) of this sec- tion— (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 calendar-day period in- volved. (d) Resolution with respect to contingency plan (1) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representa- tives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the proce- dure to be followed in that House in the case of resolutions described by paragraph (2) of this subsection; and it supersedes other rules Page 6830 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6422 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 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)(A) For purposes of applying this section with respect to any energy conservation contin- gency plan, the term ‘‘resolution’’ means only a resolution of either House of Congress the mat- ter after the resolving clauses of which is as fol- lows: ‘‘That the lll approves the energy con- servation contingency plan numbered lll sub- mitted to the Congress on llllll, 19ll.’’, 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 conservation contingency plan. (B) For purposes of applying this subsection with respect to any rationing contingency plan (other than pursuant to section 6261(d)(2)(B) 1 of this title), the term ‘‘resolution’’ means only a joint resolution described in clause (i) or (ii) of this subparagraph with respect to such plan. (i) A joint resolution of either House of the Congress (I) which is entitled: ‘‘Joint resolu- tion relating to a rationing contingency plan.’’, (II) which does not contain a preamble, and (III) the matter after the resolving clause of which is: ‘‘That the Congress of the United States disapproves the rationing contingency plan transmitted to the Congress on llllll, 19ll.’’, the blank spaces therein appropriately filled. (ii) A joint resolution of either House of the Congress (I) which is entitled: ‘‘Joint resolu- tion relating to a rationing contingency plan.’’, (II) which does not contain a preamble, and (III) the matter after the resolving clause of which is: ‘‘That the Congress of the United States does not object to the rationing contin- gency plan transmitted to the Congress on llllll, 19ll.’’, the blank spaces therein appropriately filled. (3) A resolution once introduced with respect to a contingency plan shall immediately be re- ferred to a committee (and all resolutions with respect to the same contingency plan shall be referred to the same committee) by the Presi- dent 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 a contingency plan has been re- ferred has not reported it at the end of 20 cal- endar days after its referral in the case of any energy conservation contingency plan or at the end of 10 calendar days after its referral in the case of any rationing contingency plan, it shall be in order to move either to discharge the com- mittee from further consideration of such reso- lution or to discharge the committee from fur- ther consideration of any other resolution with respect to such contingency plan 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 resolu- tion with respect to the same contingency plan), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. Ex- cept to the extent provided in paragraph (7)(A), an amendment to the motion shall not be in order, and it shall not be in order to move to re- consider 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 com- mittee be made with respect to any other reso- lution with respect to the same contingency plan. (5)(A) When the committee has reported, or has been discharged from further consideration of, a resolution, it shall be at any time there- after in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolu- tion. 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 lim- ited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such resolution. A motion fur- ther to limit debate shall not be debatable. Ex- cept to the extent provided in paragraph (7)(B), 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. (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. (7) With respect to any rationing contingency plan— (A) In the consideration of any motion to discharge any committee from further consid- eration of any resolution on any such plan, it shall be in order after debate allowed for under paragraph (4)(B) to offer an amendment in the nature of a substitute for such motion— (i) consisting of a motion to discharge such committee from further consideration of a resolution described in paragraph (2)(B)(i) with respect to any rationing con- tingency plan, if the discharge motion sought to be amended relates to a resolution described in paragraph (2)(B)(ii) with respect to the same such plan, or (ii) consisting of a motion to discharge such committee from further consideration of a resolution described in paragraph (2)(B)(ii) with respect to any rationing con- tingency plan, if the discharge motion sought to be amended relates to a resolution Page 6831 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6501 described in paragraph (2)(B)(i) with respect to the same such plan. An amendment described in this subparagraph shall not be amendable. Debate on such an amendment shall be limited to not more than 1 hour, which shall be divided equally between those favoring and those opposing the amend- ment. (B) In the consideration of any resolution on any such plan which has been reported by a committee, it shall be in order at any time during the debate allowed for under paragraph (5)(B) to offer an amendment in the nature of a substitute for such resolution— (i) consisting of the text of a resolution de- scribed in paragraph (2)(B)(i) with respect to any rationing contingency plan, if the reso- lution sought to be amended is a resolution described in paragraph (2)(B)(ii) with respect to the same such plan, or (ii) consisting of the text of a resolution described in paragraph (2)(B)(ii) with respect to any rationing contingency plan, if the resolution sought to be amended is a resolu- tion described in paragraph (2)(B)(i) with re- spect to the same such plan. An amendment described in this subparagraph shall not be amendable. (C) If one House receives from the other House a resolution with respect to a rationing contingency plan, then the following proce- dure applies: (i) the resolution of the other House with respect to such plan shall not be referred to a committee; (ii) in the case of a resolution of the first House with respect to such plan— (I) the procedure with respect to that or other resolutions of such House with re- spect to such plan shall be the same as if no resolution from the other House with respect to such plan had been received; but (II) on any vote on final passage of a res- olution of the first House with respect to such plan a resolution from the other House with respect to such plan which has the same effect shall be automatically sub- stituted for the resolution of the first House. (D) Notwithstanding any of the preceding provisions of this subsection, if a House has approved a resolution with respect to a ration- ing contingency plan, then it shall not be in order to consider in that House any other reso- lution under this section with respect to the approval of such plan. (Pub. L. 94–163, title V, § 552, Dec. 22, 1975, 89 Stat. 967; Pub. L. 96–102, title I, §§ 103(b)(2), 105(a)(4), (b)(6), Nov. 5, 1979, 93 Stat. 753, 756; Pub. L. 105–388, § 5(a)(16), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes REFERENCES IN TEXT Section 6261 of this title, referred to in subsecs. (a), (b)(1), (2)(A), and (d)(2)(B), was repealed by Pub. L. 106–469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033. AMENDMENTS 1998—Subsec. (d)(5)(A). Pub. L. 105–388 substituted ‘‘motion’’ for ‘‘notion’’ after ‘‘amendment to the’’. 1979—Subsec. (b). Pub. L. 96–102, §§ 103(b)(2)(A), 105(b)(6), designated existing provisions as par. (1) and substituted ‘‘No such energy conservation contingency plan’’ for ‘‘No such contingency plan’’, ‘‘section 6261(b)’’ for ‘‘section 6261(a)(2)’’, and ‘‘subsection (d)(2)(A)’’ for ‘‘subsection (d)(2)’’, and added par. (2). Subsec. (c)(2). Pub. L. 96–102, § 103(b)(2)(B), substituted ‘‘calendar-day period involved’’ for ‘‘60-calendar-day pe- riod’’. Subsec. (d)(2). Pub. L. 96–102, §§ 103(b)(2)(C), 105(a)(4), designated existing provisions as subpar. (A), sub- stituted ‘‘For purposes of applying this section with re- spect to any energy conservation contingency plan’’ for ‘‘For purposes of this subsection’’ and ‘‘energy con- servation contingency plan’’ for ‘‘contingency plan’’ in two places, and added subpar. (B). Subsec. (d)(4)(A). Pub. L. 96–102, § 103(b)(2)(D), inserted ‘‘in the case of any energy conservation contingency plan or at the end of 10 calendar days after its referral in the case of any rationing contingency plan’’ after ‘‘after its referral’’. Subsec. (d)(4)(B). Pub. L. 96–102, § 103(b)(2)(E), sub- stituted ‘‘Except to the extent provided in paragraph (7)(A), an amendment’’ for ‘‘An amendment’’. Subsec. (d)(5)(B). Pub. L. 96–102, § 103(b)(2)(F), sub- stituted ‘‘Except to the extent provided in paragraph (7)(B), an amendment’’ for ‘‘An amendment’’. Subsec. (d)(7). Pub. L. 96–102, § 103(b)(2)(G), added par. (7). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–102 effective Nov. 5, 1979, see section 302 of Pub. L. 96–102, set out as an Effective Date note under section 8501 of this title. CHAPTER 78—NATIONAL PETROLEUM RESERVE IN ALASKA Sec. 6501. ‘‘Petroleum’’ defined. 6502. Designation of National Petroleum Reserve in Alaska; reservation of lands; disposition and conveyance of mineral materials, lands, etc., preexisting property rights. 6503. Transfer of jurisdiction, duties, property, etc., to Secretary of the Interior from Sec- retary of Navy. 6504. Administration of reserve. 6505. Executive department responsibility for stud- ies to determine procedures used in develop- ment, production, transportation, and dis- tribution of petroleum resources in reserve; reports to Congress by President; establish- ment of task force by Secretary of the Inte- rior; purposes; membership; report and rec- ommendations to Congress by Secretary; contents. 6506. Applicability of antitrust provisions; plans and proposals submitted to Congress to con- tain report by Attorney General on impact of plans and proposals on competition. 6506a. Competitive leasing of oil and gas. 6507. Authorization of appropriations; Federal fi- nancial assistance for increased municipal services and facilities in communities lo- cated on or near reserve resulting from au- thorized exploration and study activities. 6508. Transferred. § 6501. ‘‘Petroleum’’ defined As used in this chapter, the term ‘‘petroleum’’ includes crude oil, gases (including natural gas), natural gasoline, and other related hydro- carbons, oil shale, and the products of any of such resources. (Pub. L. 94–258, title I, § 101, Apr. 5, 1976, 90 Stat. 303.)