
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6421]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                      Part C--Congressional Review
 
Sec. 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 transmitted, or submitted to the Congress in 
accordance with the procedures of this section.

(b) Transmittal of energy action to Congress

    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 been transmitted 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 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) Provision in energy action for later effective date

    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) 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 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 it 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 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 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 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.

(Pub. L. 94-163, title V, Sec. 551, Dec. 22, 1975, 89 Stat. 965.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6234, 6239, 7172, 8374, 
10222 of this title; title 49 section 32902.
