    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Legislate Procedures Enacted in Law]
    [Pages 1257-1262]
    [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 1258]]

      (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 1259]]

            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 1260]]

    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 1261]]

      (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 1262]]

                    the ability of United States-based enter

                    prises to 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)