Source:
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1/
22/
2002
CONGRESSIONAL
REVIEW
ACT
TITLE
5
­
GOVERNMENT
ORGANIZATION
AND
EMPLOYEES
PART
I
­
THE
AGENCIES
GENERALLY
CHAPTER
8
­
CONGRESSIONAL
REVIEW
OF
AGENCY
RULEMAKING
Sec.
801.
Congressional
review.
802.
Congressional
disapproval
procedure.
803.
Special
rule
on
statutory,
regulatory,
and
judicial
deadlines.
804.
Definitions.
805.
Judicial
review.
806.
Applicability;
severability.
807.
Exemption
for
monetary
policy.
808.
Effective
date
of
certain
rules.

***
­
HEADSec
801.
Congressional
review
­
STATUTE­
(
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.
(
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;
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
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
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
session
of
Congress.
(
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).
(
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.

­
HEADSec
802.
Congressional
disapproval
procedure
­
STATUTE­
(
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.
(
c)
In
the
Senate,
if
the
committee
to
which
is
referred
a
joint
resolution
described
in
subsection
(
a)
has
not
reported
such
joint
resolution
(
or
an
identical
joint
resolution)
at
the
end
of
20
calendar
days
after
the
submission
or
publication
date
defined
under
subsection
(
b)(
2),
such
committee
may
be
discharged
from
further
consideration
of
such
joint
resolution
upon
a
petition
supported
in
writing
by
30
Members
of
the
Senate,
and
such
joint
resolution
shall
be
placed
on
the
calendar.
(
d)(
1)
In
the
Senate,
when
the
committee
to
which
a
joint
resolution
is
referred
has
reported,
or
when
a
committee
is
discharged
(
under
subsection
(
c))
from
further
consideration
of
a
joint
resolution
described
in
subsection
(
a),
it
is
at
any
time
thereafter
in
order
(
even
though
a
previous
motion
to
the
same
effect
has
been
disagreed
to)
for
a
motion
to
proceed
to
the
consideration
of
the
joint
resolution,
and
all
points
of
order
against
the
joint
resolution
(
and
against
consideration
of
the
joint
resolution)
are
waived.
The
motion
is
not
subject
to
amendment,
or
to
a
motion
to
postpone,
or
to
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
joint
resolution
is
agreed
to,
the
joint
resolution
shall
remain
the
unfinished
business
of
the
Senate
until
disposed
of.
(
2)
In
the
Senate,
debate
on
the
joint
resolution,
and
on
all
debatable
motions
and
appeals
in
connection
therewith,
shall
be
limited
to
not
more
than
10
hours,
which
shall
be
divided
equally
between
those
favoring
and
those
opposing
the
joint
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
joint
resolution
is
not
in
order.
(
3)
In
the
Senate,
immediately
following
the
conclusion
of
the
debate
on
a
joint
resolution
described
in
subsection
(
a),
and
a
single
quorum
call
at
the
conclusion
of
the
debate
if
requested
in
accordance
with
the
rules
of
the
Senate,
the
vote
on
final
passage
of
the
joint
resolution
shall
occur.
(
4)
Appeals
from
the
decisions
of
the
Chair
relating
to
the
application
of
the
rules
of
the
Senate
to
the
procedure
relating
to
a
joint
resolution
described
in
subsection
(
a)
shall
be
decided
without
debate.
(
e)
In
the
Senate
the
procedure
specified
in
subsection
(
c)
or
(
d)
shall
not
apply
to
the
consideration
of
a
joint
resolution
respecting
a
rule
­
(
1)
after
the
expiration
of
the
60
session
days
beginning
with
the
applicable
submission
or
publication
date,
or
(
2)
if
the
report
under
section
801(
a)(
1)(
A)
was
submitted
during
the
period
referred
to
in
section
801(
d)(
1),
after
the
expiration
of
the
60
session
days
beginning
on
the
15th
session
day
after
the
succeeding
session
of
Congress
first
convenes.
(
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.
(
g)
This
section
is
enacted
by
Congress
­
(
1)
as
an
exercise
of
the
rulemaking
power
of
the
Senate
and
House
of
Representatives,
respectively,
and
as
such
it
is
deemed
a
part
of
the
rules
of
each
House,
respectively,
but
applicable
only
with
respect
to
the
procedure
to
be
followed
in
that
House
in
the
case
of
a
joint
resolution
described
in
subsection
(
a),
and
it
supersedes
other
rules
only
to
the
extent
that
it
is
inconsistent
with
such
rules;
and
(
2)
with
full
recognition
of
the
constitutional
right
of
either
House
to
change
the
rules
(
so
far
as
relating
to
the
procedure
of
that
House)
at
any
time,
in
the
same
manner,
and
to
the
same
extent
as
in
the
case
of
any
other
rule
of
that
House.

­
HEADSec
803.
Special
rule
on
statutory,
regulatory,
and
judicial
deadlines
­
STATUTE­
(
a)
In
the
case
of
any
deadline
for,
relating
to,
or
involving
any
rule
which
does
not
take
effect
(
or
the
effectiveness
of
which
is
terminated)
because
of
enactment
of
a
joint
resolution
under
section
802,
that
deadline
is
extended
until
the
date
1
year
after
the
date
of
enactment
of
the
joint
resolution.
Nothing
in
this
subsection
shall
be
construed
to
affect
a
deadline
merely
by
reason
of
the
postponement
of
a
rule's
effective
date
under
section
801(
a).
(
b)
The
term
''
deadline''
means
any
date
certain
for
fulfilling
any
obligation
or
exercising
any
authority
established
by
or
under
any
Federal
statute
or
regulation,
or
by
or
under
any
court
order
implementing
any
Federal
statute
or
regulation.

­
HEADSec
804.
Definitions
­
STATUTEFor
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
the
ability
of
United
States­
based
enterprises
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.

­
HEADSec
805.
Judicial
review
­
STATUTENo
determination,
finding,
action,
or
omission
under
this
chapter
shall
be
subject
to
judicial
review.

­
HEADSec
806.
Applicability;
severability
­
STATUTE­
(
a)
This
chapter
shall
apply
notwithstanding
any
other
provision
of
law.
(
b)
If
any
provision
of
this
chapter
or
the
application
of
any
provision
of
this
chapter
to
any
person
or
circumstance,
is
held
invalid,
the
application
of
such
provision
to
other
persons
or
circumstances,
and
the
remainder
of
this
chapter,
shall
not
be
affected
thereby.

­
HEADSec
807.
Exemption
for
monetary
policy
­
STATUTENothing
in
this
chapter
shall
apply
to
rules
that
concern
monetary
policy
proposed
or
implemented
by
the
Board
of
Governors
of
the
Federal
Reserve
System
or
the
Federal
Open
Market
Committee.

­
HEADSec
808.
Effective
date
of
certain
rules
­
STATUTENotwithstanding
section
801
­
(
1)
any
rule
that
establishes,
modifies,
opens,
closes,
or
conducts
a
regulatory
program
for
a
commercial,
recreational,
or
subsistence
activity
related
to
hunting,
fishing,
or
camping,
or
(
2)
any
rule
which
an
agency
for
good
cause
finds
(
and
incorporates
the
finding
and
a
brief
statement
of
reasons
therefor
in
the
rule
issued)
that
notice
and
public
procedure
thereon
are
impracticable,
unnecessary,
or
contrary
to
the
public
interest,
shall
take
effect
at
such
time
as
the
Federal
agency
promulgating
the
rule
determines
###
