42 U.S.C. § 6421 — Procedure for Congressional review of

Page 6828 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6400 and 7297 of this title and which terminated the Federal Power Commission and transferred its functions to the Federal Energy Regulatory Commission and the Sec- retary of Energy. § 6400. Limitation on loan guarantees Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in viola- tion of any limitation in appropriations or other Acts, with respect to the amounts of out- standing obligational authority. (Pub. L. 94–163, title V, § 530, Dec. 22, 1975, 89 Stat. 964.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act, which is classified principally to this chapter (§ 6201 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. § 6401. Repealed. Pub. L. 99–58, title I, § 104(c)(3), July 2, 1985, 99 Stat. 105 Section, Pub. L. 94–163, title V, § 531, Dec. 22, 1975, 89 Stat. 965, provided for the expiration of all authority under subchapters I and II of this chapter at midnight June 30, 1985. PART C—CONGRESSIONAL REVIEW § 6421. Procedure for Congressional review of Presidential requests to implement certain authorities (a) ‘‘Energy action’’ defined For purposes of this section, the term ‘‘energy action’’ means any matter required to be trans- mitted, or submitted to the Congress in accord- ance with the procedures of this section. (b) Transmittal of energy action to Congress The President shall transmit any energy ac- tion (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 en- ergy action shall be deemed to have been trans- mitted on the first succeeding day on which both Houses are in session. (c) Effective date of energy action (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 affirmatively stating in substance that such House does not object to such action. (d) Computation of period For the purpose of subsection (c) 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 15-calendar-day period. (e) Provision in energy action for later effective date Under provisions contained in an energy ac- tion, a provision of such an action may take ef- fect on a date later than the date on which such action otherwise takes effect pursuant to the provisions of this section. (f) Resolutions with respect to energy action (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 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) 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 resolv- ing clause of which is as follows: ‘‘That the lll does not object to the energy action numbered lll submitted to the Congress on llllll, 19ll.’’, the first blank space therein being filled with the name of the re- solving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one en- ergy action. (B) A resolution the matter after the resolv- ing clause of which is as follows: ‘‘That the lll does not favor the energy action num- bered lll transmitted to Congress on llllll, 19ll.’’, the first blank space therein being filled with the name of the re- solving House and the other blank spaces therein being appropriately filled; but does not include a resolution which specifies more than one energy action. (3) A resolution once introduced with respect to an energy action shall immediately be re- ferred 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 re- ferred has not reported it at the end of 5 cal- 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