US (United States) Code. Title 5. Part I: Tha agencies generally. Chapter 8: Congressional review of agency

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5 USC CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY

RULEMAKING 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

.

-HEAD-

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-MISC1-

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.

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5 USC Sec. 801 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 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.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 868.)

-REFTEXT-

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.

-MISC2-

EFFECTIVE DATE

Section 252 of Pub. L. 104-121 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).''

TRUTH IN REGULATING

Pub. L. 106-312, Oct. 17, 2000, 114 Stat. 1248, 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 General Accounting Office.

''SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to the General

Accounting 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 802, 803, 808 of this

title.

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5 USC Sec. 802 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 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.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 871.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 801, 803 of this title.

-CITE-

5 USC Sec. 803 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 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.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 873.)

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5 USC Sec. 804 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 804. Definitions

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 873.)

-REFTEXT-

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, Telegraphs,

Telephones, and Radiotelegraphs, and Tables.

-CITE-

5 USC Sec. 805 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 805. Judicial review

-STATUTE-

No determination, finding, action, or omission under this chapter

shall be subject to judicial review.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 873.)

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5 USC Sec. 806 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 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.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 873.)

-CITE-

5 USC Sec. 807 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 807. Exemption for monetary policy

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 874.)

-CITE-

5 USC Sec. 808 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

-HEAD-

Sec. 808. Effective date of certain rules

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110

Stat. 874.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 7991.

-CITE-