5 U.S.C. § 912

Procedure after report or discharge of committee; debate; vote on final passage

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(a) When the committee has reported, or has been deemed to be discharged (under section 911) from further consideration of, a resolution with respect to a reorganization plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of.(b) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is passed or rejected shall not be in order.(c) Immediately following the conclusion of the debate on the resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.(d) Appeals from the decisions 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 with respect to a reorganization plan shall be decided without debate.(e) If, prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same reorganization plan from the other House, then—(1) the procedure in that House shall be the same as if no resolution had been received from the other House; but(2) the vote on final passage shall be on the resolution of the other House.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98–614, § 3(d), (e)(1), (2), Nov. 8, 1984, 98 Stat. 3193.)

Historical and Revision Notes
	5 U.S.C. 133z–14.	June 20, 1949, ch. 226, § 205, 63 Stat. 207.

Historical and Revision Notes

5 U.S.C. 133z–14.

June 20, 1949, ch. 226, § 205, 63 Stat. 207.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

1984—Pub. L. 98–614, § 3(e)(2), substituted “passage” for “disapproval” in section catchline.

Subsec. (b). Pub. L. 98–614, § 3(d)(1), substituted “passed or rejected” for “agreed to or disagreed to”.

Subsec. (c). Pub. L. 98–614, § 3(d)(2), substituted “final passage” for “final approval”.

Subsec. (e). Pub. L. 98–614, § 3(e)(1), added subsec. (e).

1977—Pub. L. 95–17 inserted “; vote on final disapproval” after “debate” in section catchline.

Subsec. (a). Pub. L. 95–17 inserted provisions that a motion to discharge a committee is not subject to a motion to postpone or to a motion to proceed to the consideration of other business and that if a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of.

Subsec. (b). Pub. L. 95–17 inserted provisions that a motion to postpone or a motion to proceed to the consideration of other business is not in order.

Subsec. (c). Pub. L. 95–17 added subsec. (c).

Subsec. (d). Pub. L. 95–17 added subsec. (d) which provisions were formerly set out in section 913(b) of this title.

Notes of Decisions

Cited in 3 cases, 1972–2013 · leading case: Brandt v. United States, 710 F.3d 1369 (Fed. Cir. 2013).

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Brandt v. United States, 710 F.3d 1369 (Fed. Cir. 2013). “US 5 U.S.C. § 912 );” (2) the government retained a reversionary interest in the railroad right-of-way; (3) “as a result of the abandonment by WYCO, title to the railroad right-of-way is hereby vested and quieted in the United States, and the United States is entitled to the…”

Muller Optical Co. v. Equal Emp. Opportunity Comm'n, 574 F. Supp. 946 (W.D. Tenn. 1983). “5 U.S.C. § 912 . This plan was devised to “virtually guarantee a vote within the 60-day period in all cases and [guarantee] that Congress [would] have the opportunity to consider and act upon reorganization plans in a reasonable and expeditious manner.”

McQuown v. United States, 199 Ct. Cl. 858 (Ct. Cl. 1972). “1110 , 5 U.S.C. § 912 (b) (Supp. II, 1952 ed.)) and his memorandum would not have been useful had it included within the estimates noncompensable items such as travel time.”

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