[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Legislate Procedures Enacted in Law]
[Pages 1216-1220]
[From the U.S. Government Printing Office, www.gpo.gov]
18. Alaska Natural Gas Transportation Act of 1976, Sec. Sec. 8, 9 [15
U.S.C. 719f, 719g]
congressional review
Sec. 8. * * * (c) For purposes of this section--
(1) continuity of session of Congress is broken 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)(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 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 those rules relate
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 such
House.
(2) For purposes of this Act, the term ``resolution'' means (A) a
joint resolution, the resolving 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
Congress on ___, 19_, and find that any environmental impact statements
prepared relative to such system and submitted with the President's
decision are in compliance with the Natural [so in original]
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) of this section.
[[Page 1217]]
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 committees) by the
President of the Senate or the Speaker of the House of Representatives,
as the case may be.
(3) A resolution once introduced with respect to a Presidential
decision on an Alaska natural gas transportation
(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
committee from further consideration of such resolution or to discharge
such committee from consideration of any other resolution with respect
to such Presidential decision on an Alaska natural 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 resolution with respect to the
same Presidential decision on an Alaska natural gas transportation
system), and debate thereon shall be limited to not more than 1 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 made with respect to any other resolution with respect
to 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 or receipt of the President's decision to the
Congress, 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.
[[Page 1218]]
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 or, thereafter within such 60-day period,
to consider any other resolution respecting the same Presidential
decision.
(B) Debate on the resolution described in subsection (d)(2)(A) 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 favoring
(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.
* * *
(g)(1) At any time after a decision designating a transportation
system is submitted to the Congress pursuant to this section, if the
President finds that any provision of law applicable to actions to be
taken under subsection (a) or (c) of section 9 (15 U.S.C. 719g(a) or
(c)) require waiver in order to permit expeditious construction and
initial operation of the approved transportation system, 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 9 [15 U.S.C. 719g(a) or (c)] upon
enactment of a joint resolution pursuant to the procedures specified in
subsection (c) and (d) of this section (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.
[[Page 1219]]
vision of law''
shall be substituted in subsection (d) for the phrase ``the Alaska
natural gas transportation system.''.
(4) In the case of action with respect to a joint resolution described
in this subsection, the phrase ``a waiver of a pro
authorizations
Sec. 9. (a) To the extent that the taking of any action which is
necessary or related to the construction and initial operation of the
approved transportation 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 8(g) [15 U.S.C. 719f(g)] issue or grant such
certificates, permits, rights-of-way, leases, and other
authorizations at the earliest practicable date.
* * *
(c) Any certificate, right-of-way, permit, lease, or other
authorization issued or granted pursuant to the direction under
subsection (a) shall include the terms and conditions required by law
unless waived pursuant to a resolution under section 8(g) [15 U.S.C.
719f(g)], and may include terms and conditions permitted by law, except
that with respect to terms and conditions permitted but not required,
the Federal officer or agency, notwithstanding any such other provision
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 approved
transportation system or those the inclusion of which would otherwise
prevent or impair in any significant respect the expeditious
construction and initial operation of such transportation system.
[[Page 1220]]
Pursuant to section 8(d)(6)(A) of this statute (15 U.S.C.
719f(d)(6)(A)) a privileged motion to resolve into the Committee of the
Whole to consider a joint resolution providing a waiver of law under the
statute is subject to a nondebatable motion to postpone to a day certain
(or indefinitely) (Dec. 8, 1981, pp. 29972-73).
Sec. 1130(19)