[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 Printing 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)