[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 14. Congressional Procedures Enacted in Law]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
                                CHAPTER 14
                  CONGRESSIONAL PROCEDURES ENACTED IN LAW

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Constitutionality
  Sec. 3. Consideration in the House
        Research References
          U.S. Const. art. I, Sec. 7
          Manual Sec. 1130


  Sec. 1 . In General

      Congress has enacted numerous laws reserving for itself the right 
  of review by approval or disapproval of certain actions of the 
  executive branch or of independent agencies. These laws take various 
  forms, often including expedited procedures. For example, the Alaska 
  Natural Gas Transportation Act of 1976 permits the privileged 
  consideration of joint resolutions approving Presidential decisions on 
  the Alaska natural gas transportation system when those resolutions 
  are reported from committee or are discharged after 30 days. 15 USC 
  Sec. Sec. 719f, 719g; Manual Sec. 1130(18); 95-1, Nov. 1, 1977, p 
  36347. Another statute sets forth a similar procedure for 
  congressional approval or disapproval of certain actions by the 
  District of Columbia Council. District of Columbia Home Rule Act, 
  Sec. Sec. 602(c), 604; Manual Sec. 1130(5). The House Rules and Manual 
  carries a compilation of current texts of congressional disapproval 
  provisions that include expedited procedures. Manual Sec. 1130.


  Sec. 2 . Constitutionality

      Federal court decisions indicate that congressional action to 
  approve or disapprove an executive branch determination should be 
  undertaken by way of a bill or joint resolution and not by way of a 
  simple or concurrent resolution or through committee action. In 1983, 
  the Supreme Court declared in Immigration and Naturalization Service 
  v. Chadha (462 U.S. 919 (1983)) that a statute permitting the 
  disapproval of a decision of the Attorney General by simple resolution 
  of one House (``one-House veto'') was unconstitutional. The Court said 
  the device violated the doctrine of separation of powers and the 
  doctrines of bicameralism and presentment. The Court found the one-
  House veto to be legislative in nature and thereby requiring identical 
  texts to pass both Houses and be presented to the President. In an 
  earlier decision, the Court of Appeals specifically held a ``one-House 
  veto'' in the Natural Gas Policy Act of 1978 (15 USC Sec. 3341(b)) 
  unconstitutional. In its decision, the District of Columbia Court of 
  Appeals said that the primary basis for its holding was that the one-
  House veto violates article I, section 7, of the Constitution both by 
  preventing the President from exercising the veto power and by 
  permitting legislative action by only one House of Congress. The 
  circuit court also found the one-House veto to contravene the 
  separation of powers principle implicit in articles I, II, and III 
  because it authorizes the legislature to share powers properly 
  exercised by the other two branches of government. The court declared 
  that article I, section 7, sets forth the fundamental prerequisites to 
  the enactment of Federal laws--bicameral passage of legislation and 
  presentation for approval or disapproval by the President--and held 
  that congressional disapproval of final agency rules must comply with 
  these requirements. The court added that Congress may choose to use a 
  resolution of disapproval as a means of expediting action, but only if 
  it acts by both Houses and presents the resolution to the President. 
  Consumer Energy Council of America, et al. v. FERC, 673 F.2d 425 (D.C. 
  Cir. 1982), aff'd 463 U.S. 1216 (1983).
      In the light of these decisions, Congress has amended several 
  statutes to convert procedures involving simple or concurrent 
  resolutions of approval or disapproval to procedures requiring joint 
  resolutions to be presented to the President for signature or veto. 
  Manual Sec. 1130.


  Sec. 3 . Consideration in the House

      Many ``legislative procedure'' statutes prescribe special 
  procedures for the House to follow when reviewing executive branch 
  actions. For a compilation of the relevant provisions of such 
  statutes, see Manual Sec. 1130. These procedures technically are rules 
  of the House, enacted expressly or implicitly as an exercise of the 
  House's rulemaking authority. At the beginning of each Congress, it is 
  customary for the House to reincorporate by reference in the 
  resolution adopting its rules such legislative procedures as may exist 
  in current law. Nevertheless, because the House retains the 
  constitutional right to change its rules at any time, the Committee on 
  Rules may report a resolution varying (or disabling) such procedures. 
  Manual Sec. 1130.
      Where a law enacted as a rule of both Houses provides special 
  procedures during consideration of a joint resolution approving a 
  Presidential determination, and the House adopts a special order of 
  business providing for consideration of such a joint resolution in the 
  House, the Speaker will nevertheless interpret the special statutory 
  provisions to apply if consistent with the special order of business. 
  97-1, Dec. 10, 1981, p 30486.