Page:United States Statutes at Large Volume 94 Part 1.djvu/445

 PUBLIC LAW 96-252—MAY 28, 1980

94 STAT. 395

limit debate shall not be debatable. An amendment to, or motion to recommit, the concurrent resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such concurrent resolution was agreed to or disagreed to. (4) 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 concurrent resolution shall be decided without debate. (5) Notwithstanding any other provision of this subsection, if a House has approved a concurrent resolution with respect to any final rule of the Commission, then it shall not be in order to consider in such House any other concurrent resolution with respect to the same final rule. (c)(1) If a final rule of the Commission is disapproved by the Congress under subsection (a)(2), then the Commission may promulgate a final rule which relates to the same acts or practices as the final rule disapproved by the Congress in accordance with this subsection. Such final rule— (A) shall be based upon— (i) the rulemaking record of the final rule disapproved by the Congress; or (ii) such rulemaking record and the record established in supplemental rulemaking proceedings conducted by the Commission in accordance with section 553 of title 5, United States Code, in any case in which the Commission determines that it is necessary to supplement the existing rulemaking record; and (B) may contain such changes as the Commission considers necessary or appropriate. (2) The Commission, after promulgating a final rule under this subsection, shall submit the final rule to the Congress in accordance with subsection (a)(1). (d) Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the final rule involved, and shall not be construed to create any presumption of validity with respect to such final rule. (e)(1) The Comptroller General shall prepare a report which exam- Report, contents. ines the review of Commission rules under this section. Such report shall— (A) list the final rules submitted to the Congress by the Commission during the period in which this section is in effect; (B) list the final rules disapproved by the Congress under subsection (a)(2); (C) specify the number of instances in which the Commission promulgates a final rule in accordance with subsection (c); and (D) include an analysis of any impact which the provisions of this section have had upon the decisionmaking and rulemaking processes of the Commission. (2) The Comptroller General shall submit the report required in Report to paragraph (1) to the Congress before the end of fiscal year 1982. Congress. (f)(1) Any interested party may institute such actions in the Actions in a U.S. appropriate district court of the United States, including actions for district court. declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this section. The district court immediately shall certify all questions of the constitutionality of this section

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