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.
§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.
(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.
References in Text
Sections 202, 203, 204, and 205 of the Unfunded
Mandates Reform Act of 1995, referred to in subsec. (a)(1)(B)(iii), are
classified to sections 1532, 1533, 1534, and 1535, respectively, of
Title 2, The Congress.
The date of the enactment of this chapter, referred to in subsec. (e)(1), (2), is the date of the enactment of Pub. L. 104–121, which was approved Mar. 29, 1996.
Effective Date
Pub. L. 104–121, title II, §252, Mar. 29, 1996, 110 Stat. 874,
provided that: "The amendment made by section 351 [probably means
section 251, enacting this chapter] shall take effect on the date of
enactment of this Act [Mar. 29, 1996]."
Short Title
This chapter is popularly known as the "Congressional Review Act".
Truth in Regulating
Pub. L. 106–312, Oct. 17, 2000, 114 Stat. 1248, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Truth in Regulating Act of 2000'.
"SEC. 2. PURPOSES.
"The purposes of this Act are to—
"(1) increase the transparency of important regulatory decisions;
"(2) promote effective congressional oversight
to ensure that agency rules fulfill statutory requirements in an
efficient, effective, and fair manner; and
"(3) increase the accountability of Congress and the agencies to the people they serve.
"SEC. 3. DEFINITIONS.
"In this Act, the term—
"(1) 'agency' has the meaning given such term under section 551(1) of title 5, United States Code;
"(2) 'economically significant rule' means any
proposed or final rule, including an interim or direct final rule, that
may have an annual effect on the economy of $100,000,000 or more or
adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; and
"(3) 'independent evaluation' means a
substantive evaluation of the agency's data, methodology, and
assumptions used in developing the economically significant rule,
including—
"(A) an explanation of how any strengths or
weaknesses in those data, methodology, and assumptions support or
detract from conclusions reached by the agency; and
"(B) the implications, if any, of those strengths or weaknesses for the rulemaking.
"SEC. 4. PILOT PROJECT FOR REPORT ON RULES.
"(a) In General.—
"(1) Request for review.—When
an agency publishes an economically significant rule, a chairman or
ranking member of a committee of jurisdiction of either House of
Congress may request the Comptroller General of the United States to
review the rule.
"(2) Report.—The
Comptroller General shall submit a report on each economically
significant rule selected under paragraph (4) to the committees of
jurisdiction in each House of Congress not later than 180 calendar days
after a committee request is received. The report shall include an
independent evaluation of the economically significant rule by the
Comptroller General.
"(3) Independent evaluation.—The independent evaluation of the economically significant rule by the Comptroller General under paragraph (2) shall include—
"(A) an evaluation of the agency's analysis of
the potential benefits of the rule, including any beneficial effects
that cannot be quantified in monetary terms and the identification of
the persons or entities likely to receive the benefits;
"(B) an evaluation of the agency's analysis of
the potential costs of the rule, including any adverse effects that
cannot be quantified in monetary terms and the identification of the
persons or entities likely to bear the costs;
"(C) an evaluation of the agency's analysis of
alternative approaches set forth in the notice of proposed rulemaking
and in the rulemaking record, as well as of any regulatory impact
analysis, federalism assessment, or other analysis or assessment
prepared by the agency or required for the economically significant
rule; and
"(D) a summary of the results of the evaluation of the Comptroller General and the implications of those results.
"(4) Procedures for priorities of requests.—The
Comptroller General shall have discretion to develop procedures for
determining the priority and number of requests for review under
paragraph (1) for which a report will be submitted under paragraph (2).
"(b) Authority of Comptroller General.—Each
agency shall promptly cooperate with the Comptroller General in
carrying out this Act. Nothing in this Act is intended to expand or
limit the authority of the Government Accountability Office.
"SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to the
Government Accountability Office to carry out this Act $5,200,000 for
each of fiscal years 2000 through 2002.
"SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT.
"(a) Effective Date.—This
Act and the amendments made by this Act shall take effect 90 days after
the date of enactment of this Act [Oct. 17, 2000].
"(b) Duration of Pilot Project.—The
pilot project under this Act shall continue for a period of 3 years, if
in each fiscal year, or portion thereof included in that period, a
specific annual appropriation not less than $5,200,000 or the pro-rated
equivalent thereof shall have been made for the pilot project.
"(c) Report.—Before
the conclusion of the 3-year period, the Comptroller General shall
submit to Congress a report reviewing the effectiveness of the pilot
project and recommending whether or not Congress should permanently
authorize the pilot project."
§802. Congressional disapproval procedure
(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.
§803. Special rule on statutory, regulatory, and judicial deadlines
(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.
§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 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.
References in Text
The Telecommunications Act of 1996, referred to in par. (2), is Pub. L. 104–104, Feb. 8, 1996, 110 Stat. 56. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 609 of Title 47, Telecommunications, and Tables.
§805. Judicial review
No determination, finding, action, or omission under this chapter shall be subject to judicial review.
§806. Applicability; severability
(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.
§807. Exemption for monetary policy
Nothing 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.
§808. Effective date of certain rules
Notwithstanding 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.
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