§ 6422. Expedited procedure for Congressional consideration of certain authorities

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title V § 552 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6422

   Pub. L. 94–163, title V, § 552, Dec. 22, 1975, 89 Stat. 967

   Source evidence

   Code source credit
   Pub. L. 94–163, title V, § 552, Dec. 22, 1975, 89 Stat. 967

   Enacted provision · exact public law section
   Sec. 552. expedited procedure for congressional consideration of certain authorities (a) Any contingency plan transmitted to the Congress Contingency plans. 42 USC 6422. pursuant to section 201(a)(1) 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. (b) No such contingency plan may be considered approved for purposes of section 201(a)(2) of this Act 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). (c) 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 60-calendar-day period. (d) (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 the matter after the resolving clauses of which is as follows: “That the ________________ approves the 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 contingency plan. (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, 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. 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 notion 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. (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.

2. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 title I · 93 Stat. 749

   1. Amended · 42 U.S.C. § 6422(b)

      Pub. L. 96–102, §§ 103(b)(2)(A), 105(b)(6), designated existing provisions as par. (1)

   2. Substituted · 42 U.S.C. § 6422(b)

      Pub. L. 96–102, §§ 103(b)(2)(A), 105(b)(6), substituted “No such energy conservation contingency plan” for “No such contingency plan”

   3. Substituted · 42 U.S.C. § 6422(b)

      Pub. L. 96–102, §§ 103(b)(2)(A), 105(b)(6), substituted “section 6261(b)” for “section 6261(a)(2)”

   4. Substituted · 42 U.S.C. § 6422(b)

      Pub. L. 96–102, §§ 103(b)(2)(A), 105(b)(6), substituted “subsection (d)(2)(A)” for “subsection (d)(2)”

   5. Added · 42 U.S.C. § 6422(b)

      Pub. L. 96–102, §§ 103(b)(2)(A), 105(b)(6), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–102, §§ 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).

   Enacted provision · exact public law
   TITLE I— STANDBY MOTOR FUEL RATIONING SEC. 101. FINDINGS. 42 USC 6261 note. The Congress finds that— (1) a standby rationing plan for gasoline and diesel fuel should provide, to the maximum extent practicable, that the burden of reduced supplies of gasoline and diesel fuel be shared by all persons in a fair and equitable manner and that the economic and social impacts of such plan be minimized; and (2) such a plan should be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively administered and enforced. SEC. 102. REPORT ON PLAN DEVELOPMENT. (a) Report.— As soon as practicable after the date of the enactment of this Act (but in no event later than 120 days after such date of enactment), the President shall prepare, and transmit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report describing the measures taken after such date of enactment (and the costs thereof) to establish a system of rationing of gasoline and diesel fuel pursuant to sections 201 and 203 of the Energy Policy and Conservation Act (42 U.S.C. 6261, 6263), together with a description of the additional measures to be taken in establishing such system, a timetable for completion of such measures, and an estimate of the costs thereof. (b) Specific Issues To Be Addressed in Report.— The report under subsection (a) shall include— (1) a description of the extent to which ration coupons or other evidences of right under such a rationing system would be distributed to each end-user of gasoline or diesel fuel on the basis of such end-user’s needs, and an explanation of the extent to which such distribution would not be based on such end-user’s needs; (2) an analysis of having the entitlement under the rationing system to such end-user rights be granted on the basis of individuals licensed to operate motor vehicles on the public roads and highways, and an explanation of the extent to which such entitlement will be granted on that basis; (3) a description of the extent to which the rationing system would meet the needs and hardships of end-users by the use of local boards as provided for under section 203(d) of such Act (42 U.S.C. 6263(d)), and an explanation of the extent to which such boards would not be used; (4) a description of how the rationing system complies with the objective of providing for the mobility needs of handicapped persons (including means for their obtaining such end-user rights) as required under section 203(a)(2)(A) of such Act (42 U.S.C. 6263(a)(2)(A));and (5) a description of the steps to be taken to provide adequate end-user allocation under the rationing system for the needs of those in suburban and rural areas, particularly mid-sized cities, small towns, and rural communities, not adequately served by any public transportation system. (c) Committees To Be Kept Currently Informed.— The President shall keep such committees fully and currently informed about the progress in establishing and administering a system of rationing and of any problems and delays in establishing and administering the system. (d) Additional Report.— 90 days after the report is transmitted under subsection (a), the President shall prepare and transmit to each such committee another report unless a rationing contingency plan has been prescribed and transmitted to each House of the Congress during the preceding 90-day period. Such report shall contain the same information as required for the report under subsection (a), except that such information shall be made current to the date of the report. (e) Public Notice of Reports.— The President shall provide public notice of any report under subsection (a) or (d) at the time of its transmittal, shall make such report available to the public, and shall transmit copies of such report to the Governors of the various States. SEC. 103. PROCEDURES FOR DEVELOPING AND IMPLEMENTING RATIONING PLAN. (a) Plan Development.— Section 203(a)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6263(a)) is amended by striking out “The President shall prescribe,” and inserting in lieu thereof “As soon as practicable after the date of the enactment of the Emergency Energy Conservation Act of 1979, the President shall prescribe,”, and by Ante, p. 749. Consultation with Governors. adding at the end thereof the following new sentence; “The President, to the maximum extent practicable, shall consult with the Governors of the various States (or the representatives of such Governors) during the development of any rationing contingency plan under this section.”. (b) Plan Approval and Implementation.— (1) Section 201(e) of such Act (42 U.S.C. 6261(e)) is amended to read as follows: “(e) (1) For purposes of this subsection, any rationing contingency plan shall be considered to be approved if— “(A) the President has transmitted such rationing contingency plan to the Congress in accordance with section 552, and 42 USC 6422. “(B) such rationing contingency plan has not been disapproved by a joint resolution adopted into law after passage by both Houses of the Congress in accordance with section 552. “(2) (A) Except to the extent provided under subparagraph (B), the President may put into effect a rationing contingency plan which is considered approved under the preceding provisions of this subsection only if— “(i) the President has found, in his discretion, that putting such rationing contingency plan into effect is required by a severe energy supply interruption or is necessary to comply with obligations of the United States under the international energy program, subject to paragraph (3); “(ii) the President has transmitted such finding to the Congress in accordance with section 551, together with a request to 42 USC 6421. put such rationing contingency plan into effect; and “(iii) neither House of the Congress has disapproved (or both Houses have approved) such request in accordance with the procedures specified in section 551. “(B) (i) The President may put into effect such an approved rationing plan without the finding required under subparagraph (A)(i) (and without regard to the requirements of subparagraph (A) (ii) and (iii)) if— “(I) the President has transmitted to the Congress in accordance with section 552 a request to waive such requirements; and “(II) such request has been approved by a resolution by each House of the Congress within 30 days of continuous session of Congress after the date of its transmittal, in accordance with the 42 USC 6422. provisions of section 552 applicable thereunder to energy conservation contingency plans. “(ii) Any authority to put a rationing contingency plan into effect under clause (i) pursuant to a request under such clause shall terminate on the 60th calendar day after the date on which a resolution approving that request is adopted by the second House to have so approved that request. “(iii) In applying the provisions of section 552 for purposes of this subparagraph— “(I) subsections (b), (d)(2)(B), and (d)(7) shall not apply; “(II) the references to 60 calendar days and 20 calendar days shall be considered to refer to 30 calendar days and 10 calendar days, respectively; and “(III) the references to any contingency plan shall be considered to refer to a request under this subparagraph. “(3) For purposes of paragraph (2)— “(A) The term ’severe energy supply interruption’ means a national energy supply shortage which the President determines— “(i) has resulted or is likely to result in a daily shortfall in the United States of gasoline, diesel fuel, and no. 2 heating oil supplies for a period in excess of 30 days (including reductions as a result of an allocation away from the United States under the international energy program) of an amount equal to 20 percent or more of projected daily demand for such supplies; “(ii) is not manageable under other energy emergency authorities, including any energy conservation contingency plans approved under subsection (b) and any emergency conservation authority available under title II of the Post, p. 757. Emergency Energy Conservation Act of 1979; “(iii) is expected to persist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of gasoline, diesel fuel, and No. 2 heating oil; and “(iv) is having or can reasonably be expected to have a major adverse impact on national health or safety or the national economy. “(B) For purposes of determining the shortfall of supplies under subparagraph (A)(i), the projected daily demand for gasoline, diesel fuel, and No. 2 heating oil supplies shall be the amount of such supplies that were available during any consecutive period of 12 calendar months which the President considers appropriate and which occurred during the 36 calendar month period which immediately precedes the month in which such finding is made, such amount to be adjusted— “(i) to take into account, for the period between the base period and the month in which the determination is made, the normal growth in demand for gasoline, diesel fuel, and No. 2 heating oil, as determined by the President on the basis of growth experienced during the 36-month period from which the base period was selected; and “(ii) to take into account seasonal variations in demand for such fuels, as determined by the President. “(C) The term ‘necessary to comply with obligations of the United States under the international energy program’ refers to a necessity which the President determines to have impacts comparable to those provided for in subparagraph (A) of this paragraph. “(4) (A) A rationing contingency plan may not be amended after it is transmitted to the Congress and before it is considered approved under paragraph (1). “(B) Except as provided in subparagraphs (C) and (D), a rationing contingency plan which is considered approved under this subsection may not be amended other than by an amendment with respect to which— “(i) a period of 15 calendar days of continuous session (within the meaning of section 552(c)) has passed after the receipt of the 42 USC 6422. proposed amendment by the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; or “(ii) each such committee before the expiration of such period has transmitted to the President written notice stating in substance that such committee has no objection to the proposed amendment. “(C) Except as provided in subparagraph (D), a rationing contingency plan may not be amended during any period in which such plan is in effect pursuant to paragraph (2) unless the President has transmitted such amendment to the Congress in accordance with section 551(b), and neither House of Congress has disapproved (or 42 USC 6421. both Houses have approved) such amendment in accordance with the procedures specified in section 551. “(D) The requirements of subparagraphs (B) and (C) shall not apply with respect to any amendment which is a technical or clerical amendment.”. (2) (A) Section 552(b) of such Act (42 U.S.C. 6422(b)) is amended— (i) by striking out “No such contingency plan” and inserting in lieu thereof “(1) No such energy conservation contingency plan”; (ii) by striking out “(d)(2)” and inserting in lieu thereof “(d)(2)(A)”; and (iii) by adding at the end thereof the following new paragraph: “(2) (A) Subject to subparagraph (B), any such rationing contingency plan shall be considered approved for purposes of section 201(d) only 42 USC 6261. if such plan is not disapproved by a resolution described in subsection (d)(2)(B)(i) 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) is passed by each House of the Congress and thereafter becomes law.”. (B) Section 552(c)(2) of such Act (42 U.S.C. 6422(c)(2)) is amended by striking out “60-calendar-day period” and insert in lieu thereof “calendar-day period involved”. (C) Section 552(d)(2) of such Act (42 U.S.C. 6422(d)(2)) is amended— (i) by striking out “For purposes of this subsection,” and inserting in lieu thereof “(A) For purposes of applying this section with respect to any energy conservation contingency plan,”; and (ii) by adding at the end thereof the following new subparagraph: “(B) For purposes of applying this subsection with respect to any “Resolution.” rationing contingency plan (other than pursuant to section 201(d) (2)(B)), 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.”. (D) Section 552(d)(4)(A) of such Act (42 U.S.C. 6422(d)(4)(A)) is amended by inserting after “after its referral” the following; “;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”. (E) Section 552(d)(4)(B) of such Act (42 U.S.C. 6422(d)(4)(B)) is amended by striking out “An amendment” in the second sentence and inserting in lieu thereof “Except to the extent provided in paragraph (7)(A), an amendment”. (F) Section 552(d)(5)(B) of such Act (42 U.S.C. 6422(d)(5)(B)) is amended by striking out “An amendment” in the third sentence and inserting in lieu thereof “Except to the extent provided in paragraph (7)(B), an amendment”. (G) Section 552(d) of such Act (42 U.S.C. 6422(d)) is amended by adding at the end thereof the following new paragraph: “(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)(1) 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.”. (c) Elimination of Certain Administrative Requirements.— (1) Section 201(f) of such Act (42 U.S.C. 6261(f)) is amended by adding at the end thereof the following new sentence: “Notwithstanding the preceding provisions of this subsection, such economic analysis and evaluation is not required to be performed, or transmitted to the Congress, under this subsection in the case of any rationing contingency plan.”. (2) Section 203 of such Act (42 U.S.C. 6263) is amended by adding at the end thereof the following new subsection: “(g) Any authority of the President with respect to a rationing contingency plan under this Act which is delegated to the Secretary shall be exercised by the Secretary without regard to section 404 of the Department of Energy Organization Act (42 U.S.C. 7174).”. SEC. 104. REQUIRED ELEMENTS OF RATIONING PLAN. Section 203(a) of the Energy Policy and Conservation Act (42 U.S.C. 6263(a)), as amended by section 103, is further amended by adding at the end thereof the following new paragraph: “(3) Any rationing contingency plan prescribed under this section shall provide that— “(A) the end-user rights specified in paragraph (1) shall be distributed on a State-to-State basis that results in the degree of shortfall from the base period use being equally shared among the various States, considering the most recent base period use data available; “(B) to the maximum extent practicable, such rights shall be made available to classes of end-users on a basis which takes into account fairly the relative needs of such end-users; and “(C) adequate end-user rights are available to carry out paragraph (1) (A) and (B) as required under paragraph (1).”. SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS. (a) Conforming Amendments.— (1) Section 201 of the Energy Policy and Conservation Act (42 U.S.C. 6261), as amended by section 103, is further amended by striking out subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (2) Section 201(b) of such Act (42 U.S.C. 6261(b)) is amended by striking out “Except as otherwise provided in subsection (d) or (e) and subject to the requirements of subsection (c), no contingency plan may become effective” and inserting in lieu thereof “Except as otherwise provided in subsection (c), no energy conservation contingency plan may become effective”. (3) Section 201(c) (as redesignated) of such Act (42 U.S.C. 6261(d)) is amended by striking out “a contingency plan” each place it appears and inserting in lieu thereof “an energy conservation contingency plan”. (4) Section 552(d)(2)(A) of such Act (42 U.S.C. 6422(d)(2)) is amended by inserting “energy conservation” before “contingency plan” each place such term appears. (5) Section 201(e) (as redesignated) of such Act (42 U.S.C. 6261(f)) is amended by striking out “or (e)(1)(B)” and inserting in lieu thereof “or(i)(1)”. (b) Technical Amendments.— (1) Section 203(d)(2) of such Act (42 U.S.C. 6263(d)(2)) is amended— (A) by striking out all that precedes subparagraph (A) and inserting in lieu thereof the following: “(2) Any rationing contingency plan under this section shall set forth—”;and (B) by striking out “his” in subparagraph (A) and inserting in lieu thereof “the President’s”. (2) Section 203(d)(3)(A) of such Act (42 U.S.C. 6263(d)(3)(A)) is amended by striking out “following the establishment of criteria and procedures under paragraph (2)” and inserting in lieu thereof “beginning 30 days (or such earlier date as the President considers appropriate) after a rationing contingency plan is considered approved under this section.” (3) Section 203 of such Act (42 U.S.C. 6263) is amended by striking out “paragraph (1)” where it appears in subsections (d)(1)(B) and (e)(3) and inserting in lieu thereof “subsection (a)(1)”. (4) Section 203 of such Act (42 U.S.C. 6263) is further amended— (A) in subsection (a)(1) thereof, by striking out “in accordance with section 523(a) of this Act”; and (B) by adding at the end thereof the following new subsection: “(h) Any rationing contingency plan, or any amendment thereto, as well as any regulation thereunder, shall be prescribed in accordance with section 523(a), except that the period for any oral or written comments on any such proposed plan, amendment, or regulation may not extend beyond the 45th day after the date of the publication of the notice of the proposed plan, amendment, or regulation.”. (5) Section 203 of such Act, as amended by paragraph (4), is further amended by adding at the end thereof the following new subsection: “(i) Any ration coupon or any other evidence of right prepared by or on behalf of the United States for use in connection with a rationing contingency plan shall be considered to be an obligation or other security of the United States for purposes of title 18, United States Code.”. (6) Section 552(b)(1) of such Act is amended by striking out “section 201(a)(2)” and inserting in lieu thereof “section 201(b)”.

   Effective date note
   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.

3. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 § 103(b)(2)(B) · 93 Stat. 749

   Substituted · 42 U.S.C. § 6422(c)(2)

   Pub. L. 96–102, § 103(b)(2)(B), substituted “calendar-day period involved” for “60-calendar-day period”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 96–102, § 103(b)(2)(B), substituted “calendar-day period involved” for “60-calendar-day period”.

   Enacted provision · exact public law section
   (B) Section 552(c)(2) of such Act (42 U.S.C. 6422(c)(2)) is amended by striking out “60-calendar-day period” and insert in lieu thereof “calendar-day period involved”.

   Effective date note
   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.

4. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 title I · 93 Stat. 749

   1. Amended · 42 U.S.C. § 6422(d)(2)

      Pub. L. 96–102, §§ 103(b)(2)(C), 105(a)(4), designated existing provisions as subpar. (A)

   2. Substituted · 42 U.S.C. § 6422(d)(2)

      Pub. L. 96–102, §§ 103(b)(2)(C), 105(a)(4), substituted “For purposes of applying this section with respect to any energy conservation contingency plan” for “For purposes of this subsection” in two places

   3. Substituted · 42 U.S.C. § 6422(d)(2)

      Pub. L. 96–102, §§ 103(b)(2)(C), 105(a)(4), substituted “energy conservation contingency plan” for “contingency plan” in two places

   4. Added · 42 U.S.C. § 6422(d)(2)

      Pub. L. 96–102, §§ 103(b)(2)(C), 105(a)(4), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 96–102, §§ 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).

   Enacted provision · exact public law
   TITLE I— STANDBY MOTOR FUEL RATIONING SEC. 101. FINDINGS. 42 USC 6261 note. The Congress finds that— (1) a standby rationing plan for gasoline and diesel fuel should provide, to the maximum extent practicable, that the burden of reduced supplies of gasoline and diesel fuel be shared by all persons in a fair and equitable manner and that the economic and social impacts of such plan be minimized; and (2) such a plan should be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively administered and enforced. SEC. 102. REPORT ON PLAN DEVELOPMENT. (a) Report.— As soon as practicable after the date of the enactment of this Act (but in no event later than 120 days after such date of enactment), the President shall prepare, and transmit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report describing the measures taken after such date of enactment (and the costs thereof) to establish a system of rationing of gasoline and diesel fuel pursuant to sections 201 and 203 of the Energy Policy and Conservation Act (42 U.S.C. 6261, 6263), together with a description of the additional measures to be taken in establishing such system, a timetable for completion of such measures, and an estimate of the costs thereof. (b) Specific Issues To Be Addressed in Report.— The report under subsection (a) shall include— (1) a description of the extent to which ration coupons or other evidences of right under such a rationing system would be distributed to each end-user of gasoline or diesel fuel on the basis of such end-user’s needs, and an explanation of the extent to which such distribution would not be based on such end-user’s needs; (2) an analysis of having the entitlement under the rationing system to such end-user rights be granted on the basis of individuals licensed to operate motor vehicles on the public roads and highways, and an explanation of the extent to which such entitlement will be granted on that basis; (3) a description of the extent to which the rationing system would meet the needs and hardships of end-users by the use of local boards as provided for under section 203(d) of such Act (42 U.S.C. 6263(d)), and an explanation of the extent to which such boards would not be used; (4) a description of how the rationing system complies with the objective of providing for the mobility needs of handicapped persons (including means for their obtaining such end-user rights) as required under section 203(a)(2)(A) of such Act (42 U.S.C. 6263(a)(2)(A));and (5) a description of the steps to be taken to provide adequate end-user allocation under the rationing system for the needs of those in suburban and rural areas, particularly mid-sized cities, small towns, and rural communities, not adequately served by any public transportation system. (c) Committees To Be Kept Currently Informed.— The President shall keep such committees fully and currently informed about the progress in establishing and administering a system of rationing and of any problems and delays in establishing and administering the system. (d) Additional Report.— 90 days after the report is transmitted under subsection (a), the President shall prepare and transmit to each such committee another report unless a rationing contingency plan has been prescribed and transmitted to each House of the Congress during the preceding 90-day period. Such report shall contain the same information as required for the report under subsection (a), except that such information shall be made current to the date of the report. (e) Public Notice of Reports.— The President shall provide public notice of any report under subsection (a) or (d) at the time of its transmittal, shall make such report available to the public, and shall transmit copies of such report to the Governors of the various States. SEC. 103. PROCEDURES FOR DEVELOPING AND IMPLEMENTING RATIONING PLAN. (a) Plan Development.— Section 203(a)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6263(a)) is amended by striking out “The President shall prescribe,” and inserting in lieu thereof “As soon as practicable after the date of the enactment of the Emergency Energy Conservation Act of 1979, the President shall prescribe,”, and by Ante, p. 749. Consultation with Governors. adding at the end thereof the following new sentence; “The President, to the maximum extent practicable, shall consult with the Governors of the various States (or the representatives of such Governors) during the development of any rationing contingency plan under this section.”. (b) Plan Approval and Implementation.— (1) Section 201(e) of such Act (42 U.S.C. 6261(e)) is amended to read as follows: “(e) (1) For purposes of this subsection, any rationing contingency plan shall be considered to be approved if— “(A) the President has transmitted such rationing contingency plan to the Congress in accordance with section 552, and 42 USC 6422. “(B) such rationing contingency plan has not been disapproved by a joint resolution adopted into law after passage by both Houses of the Congress in accordance with section 552. “(2) (A) Except to the extent provided under subparagraph (B), the President may put into effect a rationing contingency plan which is considered approved under the preceding provisions of this subsection only if— “(i) the President has found, in his discretion, that putting such rationing contingency plan into effect is required by a severe energy supply interruption or is necessary to comply with obligations of the United States under the international energy program, subject to paragraph (3); “(ii) the President has transmitted such finding to the Congress in accordance with section 551, together with a request to 42 USC 6421. put such rationing contingency plan into effect; and “(iii) neither House of the Congress has disapproved (or both Houses have approved) such request in accordance with the procedures specified in section 551. “(B) (i) The President may put into effect such an approved rationing plan without the finding required under subparagraph (A)(i) (and without regard to the requirements of subparagraph (A) (ii) and (iii)) if— “(I) the President has transmitted to the Congress in accordance with section 552 a request to waive such requirements; and “(II) such request has been approved by a resolution by each House of the Congress within 30 days of continuous session of Congress after the date of its transmittal, in accordance with the 42 USC 6422. provisions of section 552 applicable thereunder to energy conservation contingency plans. “(ii) Any authority to put a rationing contingency plan into effect under clause (i) pursuant to a request under such clause shall terminate on the 60th calendar day after the date on which a resolution approving that request is adopted by the second House to have so approved that request. “(iii) In applying the provisions of section 552 for purposes of this subparagraph— “(I) subsections (b), (d)(2)(B), and (d)(7) shall not apply; “(II) the references to 60 calendar days and 20 calendar days shall be considered to refer to 30 calendar days and 10 calendar days, respectively; and “(III) the references to any contingency plan shall be considered to refer to a request under this subparagraph. “(3) For purposes of paragraph (2)— “(A) The term ’severe energy supply interruption’ means a national energy supply shortage which the President determines— “(i) has resulted or is likely to result in a daily shortfall in the United States of gasoline, diesel fuel, and no. 2 heating oil supplies for a period in excess of 30 days (including reductions as a result of an allocation away from the United States under the international energy program) of an amount equal to 20 percent or more of projected daily demand for such supplies; “(ii) is not manageable under other energy emergency authorities, including any energy conservation contingency plans approved under subsection (b) and any emergency conservation authority available under title II of the Post, p. 757. Emergency Energy Conservation Act of 1979; “(iii) is expected to persist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of gasoline, diesel fuel, and No. 2 heating oil; and “(iv) is having or can reasonably be expected to have a major adverse impact on national health or safety or the national economy. “(B) For purposes of determining the shortfall of supplies under subparagraph (A)(i), the projected daily demand for gasoline, diesel fuel, and No. 2 heating oil supplies shall be the amount of such supplies that were available during any consecutive period of 12 calendar months which the President considers appropriate and which occurred during the 36 calendar month period which immediately precedes the month in which such finding is made, such amount to be adjusted— “(i) to take into account, for the period between the base period and the month in which the determination is made, the normal growth in demand for gasoline, diesel fuel, and No. 2 heating oil, as determined by the President on the basis of growth experienced during the 36-month period from which the base period was selected; and “(ii) to take into account seasonal variations in demand for such fuels, as determined by the President. “(C) The term ‘necessary to comply with obligations of the United States under the international energy program’ refers to a necessity which the President determines to have impacts comparable to those provided for in subparagraph (A) of this paragraph. “(4) (A) A rationing contingency plan may not be amended after it is transmitted to the Congress and before it is considered approved under paragraph (1). “(B) Except as provided in subparagraphs (C) and (D), a rationing contingency plan which is considered approved under this subsection may not be amended other than by an amendment with respect to which— “(i) a period of 15 calendar days of continuous session (within the meaning of section 552(c)) has passed after the receipt of the 42 USC 6422. proposed amendment by the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; or “(ii) each such committee before the expiration of such period has transmitted to the President written notice stating in substance that such committee has no objection to the proposed amendment. “(C) Except as provided in subparagraph (D), a rationing contingency plan may not be amended during any period in which such plan is in effect pursuant to paragraph (2) unless the President has transmitted such amendment to the Congress in accordance with section 551(b), and neither House of Congress has disapproved (or 42 USC 6421. both Houses have approved) such amendment in accordance with the procedures specified in section 551. “(D) The requirements of subparagraphs (B) and (C) shall not apply with respect to any amendment which is a technical or clerical amendment.”. (2) (A) Section 552(b) of such Act (42 U.S.C. 6422(b)) is amended— (i) by striking out “No such contingency plan” and inserting in lieu thereof “(1) No such energy conservation contingency plan”; (ii) by striking out “(d)(2)” and inserting in lieu thereof “(d)(2)(A)”; and (iii) by adding at the end thereof the following new paragraph: “(2) (A) Subject to subparagraph (B), any such rationing contingency plan shall be considered approved for purposes of section 201(d) only 42 USC 6261. if such plan is not disapproved by a resolution described in subsection (d)(2)(B)(i) 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) is passed by each House of the Congress and thereafter becomes law.”. (B) Section 552(c)(2) of such Act (42 U.S.C. 6422(c)(2)) is amended by striking out “60-calendar-day period” and insert in lieu thereof “calendar-day period involved”. (C) Section 552(d)(2) of such Act (42 U.S.C. 6422(d)(2)) is amended— (i) by striking out “For purposes of this subsection,” and inserting in lieu thereof “(A) For purposes of applying this section with respect to any energy conservation contingency plan,”; and (ii) by adding at the end thereof the following new subparagraph: “(B) For purposes of applying this subsection with respect to any “Resolution.” rationing contingency plan (other than pursuant to section 201(d) (2)(B)), 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.”. (D) Section 552(d)(4)(A) of such Act (42 U.S.C. 6422(d)(4)(A)) is amended by inserting after “after its referral” the following; “;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”. (E) Section 552(d)(4)(B) of such Act (42 U.S.C. 6422(d)(4)(B)) is amended by striking out “An amendment” in the second sentence and inserting in lieu thereof “Except to the extent provided in paragraph (7)(A), an amendment”. (F) Section 552(d)(5)(B) of such Act (42 U.S.C. 6422(d)(5)(B)) is amended by striking out “An amendment” in the third sentence and inserting in lieu thereof “Except to the extent provided in paragraph (7)(B), an amendment”. (G) Section 552(d) of such Act (42 U.S.C. 6422(d)) is amended by adding at the end thereof the following new paragraph: “(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)(1) 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.”. (c) Elimination of Certain Administrative Requirements.— (1) Section 201(f) of such Act (42 U.S.C. 6261(f)) is amended by adding at the end thereof the following new sentence: “Notwithstanding the preceding provisions of this subsection, such economic analysis and evaluation is not required to be performed, or transmitted to the Congress, under this subsection in the case of any rationing contingency plan.”. (2) Section 203 of such Act (42 U.S.C. 6263) is amended by adding at the end thereof the following new subsection: “(g) Any authority of the President with respect to a rationing contingency plan under this Act which is delegated to the Secretary shall be exercised by the Secretary without regard to section 404 of the Department of Energy Organization Act (42 U.S.C. 7174).”. SEC. 104. REQUIRED ELEMENTS OF RATIONING PLAN. Section 203(a) of the Energy Policy and Conservation Act (42 U.S.C. 6263(a)), as amended by section 103, is further amended by adding at the end thereof the following new paragraph: “(3) Any rationing contingency plan prescribed under this section shall provide that— “(A) the end-user rights specified in paragraph (1) shall be distributed on a State-to-State basis that results in the degree of shortfall from the base period use being equally shared among the various States, considering the most recent base period use data available; “(B) to the maximum extent practicable, such rights shall be made available to classes of end-users on a basis which takes into account fairly the relative needs of such end-users; and “(C) adequate end-user rights are available to carry out paragraph (1) (A) and (B) as required under paragraph (1).”. SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS. (a) Conforming Amendments.— (1) Section 201 of the Energy Policy and Conservation Act (42 U.S.C. 6261), as amended by section 103, is further amended by striking out subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (2) Section 201(b) of such Act (42 U.S.C. 6261(b)) is amended by striking out “Except as otherwise provided in subsection (d) or (e) and subject to the requirements of subsection (c), no contingency plan may become effective” and inserting in lieu thereof “Except as otherwise provided in subsection (c), no energy conservation contingency plan may become effective”. (3) Section 201(c) (as redesignated) of such Act (42 U.S.C. 6261(d)) is amended by striking out “a contingency plan” each place it appears and inserting in lieu thereof “an energy conservation contingency plan”. (4) Section 552(d)(2)(A) of such Act (42 U.S.C. 6422(d)(2)) is amended by inserting “energy conservation” before “contingency plan” each place such term appears. (5) Section 201(e) (as redesignated) of such Act (42 U.S.C. 6261(f)) is amended by striking out “or (e)(1)(B)” and inserting in lieu thereof “or(i)(1)”. (b) Technical Amendments.— (1) Section 203(d)(2) of such Act (42 U.S.C. 6263(d)(2)) is amended— (A) by striking out all that precedes subparagraph (A) and inserting in lieu thereof the following: “(2) Any rationing contingency plan under this section shall set forth—”;and (B) by striking out “his” in subparagraph (A) and inserting in lieu thereof “the President’s”. (2) Section 203(d)(3)(A) of such Act (42 U.S.C. 6263(d)(3)(A)) is amended by striking out “following the establishment of criteria and procedures under paragraph (2)” and inserting in lieu thereof “beginning 30 days (or such earlier date as the President considers appropriate) after a rationing contingency plan is considered approved under this section.” (3) Section 203 of such Act (42 U.S.C. 6263) is amended by striking out “paragraph (1)” where it appears in subsections (d)(1)(B) and (e)(3) and inserting in lieu thereof “subsection (a)(1)”. (4) Section 203 of such Act (42 U.S.C. 6263) is further amended— (A) in subsection (a)(1) thereof, by striking out “in accordance with section 523(a) of this Act”; and (B) by adding at the end thereof the following new subsection: “(h) Any rationing contingency plan, or any amendment thereto, as well as any regulation thereunder, shall be prescribed in accordance with section 523(a), except that the period for any oral or written comments on any such proposed plan, amendment, or regulation may not extend beyond the 45th day after the date of the publication of the notice of the proposed plan, amendment, or regulation.”. (5) Section 203 of such Act, as amended by paragraph (4), is further amended by adding at the end thereof the following new subsection: “(i) Any ration coupon or any other evidence of right prepared by or on behalf of the United States for use in connection with a rationing contingency plan shall be considered to be an obligation or other security of the United States for purposes of title 18, United States Code.”. (6) Section 552(b)(1) of such Act is amended by striking out “section 201(a)(2)” and inserting in lieu thereof “section 201(b)”.

   Effective date note
   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.

5. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 § 103(b)(2)(D) · 93 Stat. 749

   Inserted · 42 U.S.C. § 6422(d)(4)(A)

   Pub. L. 96–102, § 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”

   Source evidence

   Code amendment note
   Subsec. (d)(4)(A). Pub. L. 96–102, § 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”.

   Enacted provision · exact public law section
   (D) Section 552(d)(4)(A) of such Act (42 U.S.C. 6422(d)(4)(A)) is amended by inserting after “after its referral” the following; “;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”.

   Effective date note
   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.

6. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 § 103(b)(2)(E) · 93 Stat. 749

   Substituted · 42 U.S.C. § 6422(d)(4)(B)

   Pub. L. 96–102, § 103(b)(2)(E), substituted “Except to the extent provided in paragraph (7)(A), an amendment” for “An amendment”

   Source evidence

   Code amendment note
   Subsec. (d)(4)(B). Pub. L. 96–102, § 103(b)(2)(E), substituted “Except to the extent provided in paragraph (7)(A), an amendment” for “An amendment”.

   Enacted provision · exact public law section
   (E) Section 552(d)(4)(B) of such Act (42 U.S.C. 6422(d)(4)(B)) is amended by striking out “An amendment” in the second sentence and inserting in lieu thereof “Except to the extent provided in paragraph (7)(A), an amendment”.

   Effective date note
   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.

7. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 § 103(b)(2)(F) · 93 Stat. 749

   Substituted · 42 U.S.C. § 6422(d)(5)(B)

   Pub. L. 96–102, § 103(b)(2)(F), substituted “Except to the extent provided in paragraph (7)(B), an amendment” for “An amendment”

   Source evidence

   Code amendment note
   Subsec. (d)(5)(B). Pub. L. 96–102, § 103(b)(2)(F), substituted “Except to the extent provided in paragraph (7)(B), an amendment” for “An amendment”.

   Enacted provision · exact public law section
   (F) Section 552(d)(5)(B) of such Act (42 U.S.C. 6422(d)(5)(B)) is amended by striking out “An amendment” in the third sentence and inserting in lieu thereof “Except to the extent provided in paragraph (7)(B), an amendment”.

   Effective date note
   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.

8. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 § 103(b)(2)(G) · 93 Stat. 749

   Added · 42 U.S.C. § 6422(d)(7)

   Pub. L. 96–102, § 103(b)(2)(G), added par. (7)

   Source evidence

   Code amendment note
   Subsec. (d)(7). Pub. L. 96–102, § 103(b)(2)(G), added par. (7).

   Enacted provision · exact public law section
   (G) Section 552(d) of such Act (42 U.S.C. 6422(d)) is amended by adding at the end thereof the following new paragraph: “(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)(1) 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.”.

   Effective date note
   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.

9. 1998

   Energy Conservation Reauthorization Act of 1998

   Pub. L. 105–388 § 5(a)(16) · 112 Stat. 3477

   Substituted · 42 U.S.C. § 6422(d)(5)(A)

   Pub. L. 105–388 substituted “motion” for “notion” after “amendment to the”

   Source evidence

   Code amendment note
   Subsec. (d)(5)(A). Pub. L. 105–388 substituted “motion” for “notion” after “amendment to the”.

   Enacted provision · exact public law section
   (16) in section 552(d)(5)(A) (42 U.S.C. 6422(d)(5)(A)) by striking “notion” and inserting “motion”.

7 of 16 references resolved to an enrolled provision · 9 partial