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Title 42, The Public Health and WelfareRelease 119-110

§6421 Procedure for Congressional Review of Presidential Requests to Implement Certain Authorities

Title 42 › CHAPTER 77 — ENERGY CONSERVATION › SUBCHAPTER IV — GENERAL PROVISIONS › Part C — Congressional Review › § 6421

Last updated Sep 22, 2026|Official source

Summary

The President must send any "energy action" (a matter this rule requires to be sent to Congress) with an ID number to both the House and the Senate on the same day. If both Houses are not meeting that day, it counts as sent on the first day they both meet. An energy action becomes effective at the end of the first period of 15 continuous calendar days of Congress after it is sent, unless either House passes a resolution during that 15-day period saying it does not favor the action. It can take effect sooner if each House approves a resolution saying it does not object. The 15-day count stops only if Congress ends its session without a set return date (adjournment sine die). Days when either House is out of session because of an adjournment longer than 3 days with a set return date do not count. An energy action may also include a later start date for some parts. Each House treats these resolutions under its own rules. There are two kinds of resolutions: one that says the House does not object, and one that says the House does not favor the action. Any resolution must go to a committee right away. If the committee does not act within 5 calendar days, someone who supports the resolution can move to force the committee to release it; that motion is high priority, gets up to 1 hour of debate split equally, and cannot be amended or reconsidered. After a committee reports or is discharged, a motion to take up the resolution is allowed at any time and is not debatable. Debate on the resolution itself is limited to 10 hours, split equally, and amendments or motions to recommit are not allowed except to substitute one type of the two resolution texts for the other; those substitutes cannot be changed. Motions to postpone or appeals about applying these rules are decided without debate. Once a House has approved a resolution about a specific energy action, it cannot consider another resolution on the same action.

Full Legal Text

Title 42, §6421

The Public Health and Welfare, Source: USLM XML via OLRC

(a)“Energy action” defined
For purposes of this section, the term “energy action” means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section.
(b)Transmittal of energy action to Congress
The President shall transmit any energy action (bearing an identification number) to both Houses of Congress on the same day. If both Houses are not in session on the day any energy action is received by the appropriate officers of each House, for purposes of this section such energy action shall be deemed to have been transmitted on the first succeeding day on which both Houses are in session.
(c)Effective date of energy action
(1)Except as provided in paragraph (2) of this subsection, if energy action is transmitted to the Houses of Congress, such action shall take effect at the end of the first period of 15 calendar days of continuous session of Congress after the date on which such action is transmitted to such Houses, unless between the date of transmittal and the end of such 15-day period, either House passes a resolution stating in substance that such House does not favor such action.
(2)An energy action described in paragraph (1) may take effect prior to the expiration of the 15-calendar-day period after the date on which such action is transmitted, if each House of Congress approves a resolution affirmatively stating in substance that such House does not object to such action.
(d)Computation of period
For the purpose of subsection (c) of this section— (1)
(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 15-calendar-day period.
(e)Provision in energy action for later effective date
Under provisions contained in an energy action, a provision of such an action may take effect on a date later than the date on which such action otherwise takes effect pursuant to the provisions of this section.
(f)Resolutions with respect to energy action
(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 described in subparagraph (A) or (B) of this paragraph.
(A)A resolution the matter after the resolving clause of which is as follows: “That the ___ does not object to the energy action 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 action.
(B)A resolution the matter after the resolving clause of which is as follows: “That the ___ does not favor the energy action numbered ___ transmitted to Congress on ______, 19__.”, the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled; but does not include a resolution which specifies more than one energy action.
(3)A resolution once introduced with respect to an energy action shall immediately be referred to a committee (and all resolutions with respect to the same 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 an energy action has been referred has not reported it at the end of 5 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 energy action 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 energy action), and debate thereon shall be limited to not more than one 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 energy action.
(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. 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; except that it shall be in order—
(i)to offer an amendment in the nature of a substitute, consisting of the text of a resolution described in paragraph (2)(A) of this subsection with respect to an energy action, for a resolution described in paragraph (2)(B) of this subsection with respect to the same such action, or
(ii)to offer an amendment in the nature of a substitute, consisting of the text of a resolution described in paragraph (2)(B) of this subsection with respect to an energy action, for a resolution described in paragraph (2)(A) of this subsection with respect to the same such action.
The amendments described in clauses (i) and (ii) of this subparagraph shall not be amendable.
(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 procedure relating to a resolution shall be decided without debate.
(7)Notwithstanding any of the provisions of this subsection, if a House has approved a resolution with respect to an energy action, then it shall not be in order to consider in that House any other resolution with respect to the same such action.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6421

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110