[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress] [113rd Congress] [House Document 112-161] [Legislate Procedures Enacted in Law] [Pages 1226-1229] [From the U.S. Government Publishing 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. [[Page 1227]] 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. (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 (3) A resolution once introduced with respect to a Presidential decision on an Alaska natural gas transportation 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. (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. [[Page 1228]] shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (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 (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 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. (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. [[Page 1229]] 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. (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 (4) In the case of action with respect to a joint resolution described in this subsection, the phrase ``a waiver of a provision of law'' shall be substituted in subsection (d) for the phrase ``the Alaska natural gas transportation system.''. 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. 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)