[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Legislate Procedures Enacted in Law]
[Pages 1247-1252]
[From the U.S. Government Publishing Office, www.gpo.gov]
28. Congressional Review of Agency Rulemaking [5 U.S.C. 801, 802, 804]
The following excerpts of chapter 8 of title 5, United States Code, do
not contain privileged procedures for the consideration of a measure in
the House. They are depicted here because they constitute Rules of the
House and potentially affect the legislative process. Detailed
procedures for the consideration in the Senate of a joint resolution
disapproving an agency rule may be found in the statute (5 U.S.C. 802).
Sec. 801. congressional review.
(a)(1)(A) Before a rule can take effect, the Federal agency
promulgating 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,
including whether it is a major rule; and
(iii) the proposed effective date of the rule.
[[Page 1248]]
(B) On the date of the submission of the report under subparagraph
(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 [2 U.S.C.
1532-35]; 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 jurisdiction 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
paragraph (1); or
(ii) the rule is published in the Federal Register, if
so published;
(B) if the Congress passes a joint resolution of disapproval
described 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
[[Page 1249]]
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
enacts 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
determination under paragraph (2) and submits written notice of such
determination to the Congress.
(2) Paragraph (1) applies to a determination made by the President 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
international trade agreement.
(3) An exercise by the President of the authority under this
subsection 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
submitted in accordance with subsection (a)(1)(A) during the period
beginning 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
[[Page 1250]]
Congress first convenes its
next session, section 802 shall apply to such rule in the succeeding
session of Congress.
legislative days,
before the date the Congress adjourns a session of Congress through the
date on which the same or succeeding
(2)(A) In applying section 802 for purposes of such additional review,
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 submitted to
Congress before a rule can take effect.
(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this section).
* * *
(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.
Sec. 802. congressional disapproval procedure.
[[Page 1251]]
(a) For purposes of this section, the term ``joint resolution'' means
only a joint resolution introduced in the period beginning on the date
on which the report referred to in section 801(a)(1)(A) is received by
Congress and ending 60 days thereafter (excluding days either House of
Congress is adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of which is as follows:
``That Congress disapproves the rule submitted by the ___ relating to
___, and such rule shall have no force or effect.'' (The blank spaces
being appropriately filled in).
(b)(1) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
(2) For purposes of this section, the term ``submission or publication
date'' means the later of the date on which--
(A) the Congress receives the report submitted under section
801(a)(1); or
(B) the rule is published in the Federal Register, if so
published.
* * *
(f) If, before the passage by one House of a joint resolution of that
House described in subsection (a), that House receives from the other
House a joint resolution described in subsection (a), then the following
procedures shall apply:
(1) The joint resolution of the other House shall not be
referred to a committee.
(2) With respect to a joint resolution described in subsection
(a) of the House receiving the joint resolution--
(A) the procedure in that House shall be the same as
if no joint resolution had been received from the other
House; but
(B) the vote on final passage shall be on the joint
resolution of the other House.
* * *
Sec. 804. definitions.
For purposes of this chapter--
(1) The term ``Federal agency'' means any agency as that term
is defined in section 551(1).
(2) The term ``major rule'' means any rule that the
Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget finds has
resulted in or is likely to result in--
(A) an annual effect on the economy of $100,000,000 or
more;
(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local
government agencies, or geographic regions; or
(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
[[Page 1252]]
prises to
the ability of United States-based enter
compete with foreign-based enterprises in domestic and
export markets.
The term does not include any rule promulgated under the
Telecommunications Act of 1996 and the amendments made by that
Act.
(3) The term ``rule'' has the meaning given such term in
section 551, except that such term does not include--
(A) any rule of particular applicability, including a
rule that approves or prescribes for the future rates,
wages, prices, services, or allowances therefor,
corporate or financial structures, reorganizations,
mergers, or acquisitions thereof, or accounting
practices or disclosures bearing on any of the
foregoing;
(B) any rule relating to agency management or
personnel; or
(C) any rule of agency organization, procedure, or
practice that does not substantially affect the rights
or obligations of non-agency parties.
* * *
In compliance with the requirement of the Act that ``major'' final
regulations submitted later than a certain number of days before the end
of a legislative session be treated as though received on a legislative
day certain in the next session, the Congressional Record of that
subsequent legislative day contained a notice of the resubmission of all
such ``grandfathered'' regulations (e.g., Mar. 1, 2000, p. 1851; Mar. 4,
2002, p. 2354).
Sec. 1130(29)