Congressional Review

• Author: Environmental Law Reporter
• Pages: 29-31

Congressional Review

5 U.S.C. §§801-808

§801.

Congressional review

(a)(1)(A) Before a rule can take effect, the Federal agency promul-

gating such rule shall submit to each House of the Congress and to the

Comptroller General a report containing—

(i) a copy of the rule;

(ii) a concise general statement relating to the rule, includ-

ing whether it is a major rule; and

(iii) the proposed effective date of the rule.

(B) On the date of the submission of the report under subpara-

graph (A), the Federal agency promulgating the rule shall submit

to the Comptroller General and make available to each House of

Congress—

(i) a complete copy of the cost-benefit analysis of the rule, if

any;

(ii) the agency’s actions relevant to sections 603, 604, 605,

607, and 609;

(iii) the agency’s actions relevant to sections 202, 203, 204,

and 205 of the Unfunded Mandates Reform Act of 1995; and

(iv) any other relevant information or requirements under

any other Act and any relevant Executive orders.

(C) Upon receipt of a report submitted under subparagraph

(A), each House shall provide copies of the report to the chairman

and ranking member of each standing committee with jurisdic-

tion under the rules of the House of Representatives or the Senate

to report a bill to amend the provision of law under which the rule

is issued.

(2)(A) The Comptroller General shall provide a report on each

major rule to the committees of jurisdiction in each House of the

Congress by the end of 15 calendar days after the submission or

publication date as provided in section 802(b)(2). The report of the

Comptroller General shall include an assessment of the agency’s

compliance with procedural steps required by paragraph (1)(B).

(B) Federal agencies shall cooperate with the Comptroller

General by providing information relevant to the Comptroller

General’s report under subparagraph (A).

(3) A major rule relating to a report submitted under paragraph

(1) shall take effect on the latest of—

(A) the later of the date occurring 60 days after the date on

which—

(i) the Congress receives the report submitted under para-

graph (1); or

(ii) the rule is published in the Federal Register, if so pub-

lished;

(B) if the Congress passes a joint resolution of disapproval de-

scribed in section 802 relating to the rule, and the President signs

a veto of such resolution, the earlier date—

(i) on which either House of Congress votes and fails to

override the veto of the President; or

(ii) occurring 30 session days after the date on which the

Congress received the veto and objections of the President; or

(C) the date the rule would have otherwise taken effect, if not

for this section (unless a joint resolution of disapproval under

section 802 is enacted).

(4) Except for a major rule, a rule shall take effect as otherwise

provided by law after submission to Congress under paragraph (1).

(5) Notwithstanding paragraph (3), the effective date of a rule

shall not be delayed by operation of this chapter beyond the date on

which either House of Congress votes to reject a joint resolution of

disapproval under section 802.

(b)(1) A rule shall not take effect (or continue), if the Congress en-

acts a joint resolution of disapproval, described under section 802, of

the rule.

(2) A rule that does not take effect (or does not continue) under

paragraph (1) may not be reissued in substantially the same form,

and a new rule that is substantially the same as such a rule may not

be issued, unless the reissued or new rule is specifically authorized

by a law enacted after the date of the joint resolution disapproving

the original rule.

(c)(1) Notwithstanding any other provision of this section (except

subject to paragraph (3)), a rule that would not take effect by reason of

subsection (a)(3) may take effect, if the President makes a determina-

tion under paragraph (2) and submits written notice of such determi-

nation to the Congress.

(2) Paragraph (1) applies to a determination made by the Presi-

dent by Executive order that the rule should take effect because

such rule is—

(A) necessary because of an imminent threat to health or safety

or other emergency;

(B) necessary for the enforcement of criminal laws;

(C) necessary for national security; or

(D) issued pursuant to any statute implementing an interna-

tional trade agreement.

(3) An exercise by the President of the authority under this sub-

section shall have no effect on the procedures under section 802 or

the effect of a joint resolution of disapproval under this section.

(d)(1) In addition to the opportunity for review otherwise provided

under this chapter, in the case of any rule for which a report was sub-

mitted in accordance with subsection (a)(1)(A) during the period be-

ginning on the date occurring—

(A) in the case of the Senate, 60 session days, or

(B) in the case of the House of Representatives, 60 legislative

days,

before the date the Congress adjourns a session of Congress through

the date on which the same or succeeding Congress first convenes its

next session, section 802 shall apply to such rule in the succeeding ses-

sion of Congress.

(2)(A) In applying section 802 for purposes of such additional re-

view, a rule described under paragraph (1) shall be treated as

though—

(i) such rule were published in the Federal Register (as a

rule that shall take effect) on—

(I) in the case of the Senate, the 15th session day, or

(II) in the case of the House of Representatives, the 15th

legislative day,

after the succeeding session of Congress first convenes; and

(ii) a report on such rule were submitted to Congress under

subsection (a)(1) on such date.

(B) Nothing in this paragraph shall be construed to affect the

requirement under subsection (a)(1) that a report shall be submit-

ted to Congress before a rule can take effect.

(3) A rule described under paragraph (1) shall take effect as oth-

erwise provided by law (including other subsections of this sec-

tion).

(e)(1) For purposes of this subsection, section 802 shall also apply

to any major rule promulgated between March 1, 1996, and the date of

the enactment of this chapter.

(2) In applying section 802 for purposes of Congressional review,

a rule described under paragraph (1) shall be treated as though—

(A) such rule were published in the Federal Register on the

date of enactment of this chapter; and

(B) a report on such rule were submitted to Congress under

subsection (a)(1) on such date.

(3) The effectiveness of a rule described under paragraph (1)

shall be as otherwise provided by law, unless the rule is made of no

force or effect under section 802.

(f) Any rule that takes effect and later is made of no force or effect

by enactment of a joint resolution under section 802 shall be treated as

though such rule had never taken effect.

(g) If the Congress does not enact a joint resolution of disapproval

under section 802 respecting a rule, no court or agency may infer any

intent of the Congress from any action or inaction of the Congress with

regard to such rule, related statute, or joint resolution of disapproval.

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ADMINISTRATIVEPROCEDURE 5 U.S.C. §801