
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: 42USC6422]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                      Part C--Congressional Review
 
Sec. 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 Congress 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 session.
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    \1\ See References in Text note below.
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(b) Necessity of Congressional resolution within certain period for plan 
        to be considered approved

    (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 period of 60 
calendar days of continuous session of Congress after the date on which 
such action is transmitted to such House, each House of Congress passes 
a resolution described in subsection (d)(2)(A) of this section.
    (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) of this section 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 considered approved prior to 
the expiration of the 30-calendar-day period after such plan is 
transmitted if a resolution described in subsection (d)(2)(B)(ii) of 
this section is passed by each House of the Congress and thereafter 
becomes law.

(c) Computation of period

    For the purpose of subsection (b) 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 calendar-day period involved.

(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 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)(A) For purposes of applying this section with respect to any 
energy conservation contingency plan, the term ``resolution'' means only 
a resolution of either House of Congress the matter after the resolving 
clauses of which is as follows: ``That the ______ approves the energy 
conservation contingency plan 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 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 resolution 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 ____________, 19____.'', the blank 
    spaces therein appropriately filled.
        (ii) A joint resolution of either House of the Congress (I) 
    which is entitled: ``Joint resolution 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 
    contingency plan transmitted to the Congress on ____________, 
    19____.'', the blank spaces therein appropriately filled.

    (3) A resolution once introduced with respect to a contingency plan 
shall immediately be referred to a committee (and all resolutions with 
respect to the same contingency 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 a 
contingency plan has been referred has not reported it at the end of 20 
calendar 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 committee from further consideration of such 
resolution or to discharge the committee from further 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 resolution 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. Except 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 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 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 
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. 
Except 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 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.
    (7) With respect to any rationing contingency plan--
        (A) In the consideration of any motion to discharge any 
    committee from further consideration 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 contingency 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 contingency plan, if 
        the discharge motion sought to be amended relates to a 
        resolution 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 amendment.
        (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 described in 
        paragraph (2)(B)(i) with respect to any rationing contingency 
        plan, if the resolution 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 resolution 
        described in paragraph (2)(B)(i) with respect 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 
    procedure 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 respect 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 resolution 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 substituted 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 
    rationing contingency plan, then it shall not be in order to 
    consider in that House any other resolution under this section with 
    respect to the approval of such plan.

(Pub. L. 94-163, title V, Sec. 552, Dec. 22, 1975, 89 Stat. 967; Pub. L. 
96-102, title I, Secs. 103(b)(2), 105(a)(4), (b)(6), Nov. 5, 1979, 93 
Stat. 753, 756; Pub. L. 105-388, Sec. 5(a)(16), Nov. 13, 1998, 112 Stat. 
3479.)

                       References in Text

    Section 6261 of this title, referred to in subsecs. (a), (b)(1), 
(2)(A), and (d)(2)(B), was omitted from the Code pursuant to section 
6264 of this title, which provided for expiration of authority under 
that section on June 30, 1985.


                               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, Secs. 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, Sec. 103(b)(2)(B), substituted 
``calendar-day period involved'' for ``60-calendar-day period''.
    Subsec. (d)(2). Pub. L. 96-102, Secs. 103(b)(2)(C), 105(a)(4), 
designated existing provisions as subpar. (A), substituted ``For 
purposes of applying this section with respect to any energy 
conservation contingency plan'' for ``For purposes of this subsection'' 
and ``energy conservation contingency plan'' for ``contingency plan'' in 
two places, and added subpar. (B).
    Subsec. (d)(4)(A). Pub. L. 96-102, Sec. 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, Sec. 103(b)(2)(E), substituted 
``Except to the extent provided in paragraph (7)(A), an amendment'' for 
``An amendment''.
    Subsec. (d)(5)(B). Pub. L. 96-102, Sec. 103(b)(2)(F), substituted 
``Except to the extent provided in paragraph (7)(B), an amendment'' for 
``An amendment''.
    Subsec. (d)(7). Pub. L. 96-102, Sec. 103(b)(2)(G), added par. (7).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in title 15 section 2841.
