chapter 5 of title 5, United States Code (as added by this
section), is suspended until such time as the requirements
of this subchapter are satisfied.
‘‘(3) In any case in which the failure to promulgate
a rule by a deadline would create an obligation to regulate
through individual adjudications, the obligation to conduct
individual adjudications shall be suspended to allow the
requirements of this subchapter to be satisfied.
‘‘(b)(1) Before a major rule takes effect as a final
rule, the agency promulgating such rule shall submit to
the Congress a copy of such rule and a report containing
a concise general statement relating to the rule, including
a complete copy of the cost-benefit analysis, and the pro-
posed effective date of the rule.
‘‘(2) A major rule relating to a report submitted
under paragraph (1) shall take effect as a final rule, the
latest of—
‘‘(A) the later of the date occurring 45 days
after the date on which—
‘‘(i) the Congress receives the report sub-
mitted under paragraph (1); or
‘‘(ii) the rule is published in the Federal
Register;
‘‘(B) if the Congress passes a joint resolution of
disapproval described under subsection (h) 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 Presi-
dent; 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 subsection (h) is en-
acted).
‘‘(c) A rule shall not take effect as a final rule if the
Congress passes a joint resolution of disapproval described
under subsection (h).
‘‘(d)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a rule that
would not take effect by reason of this section may take
effect if the President makes a determination under para-
graph (2) and submits written notice of such determina-
tion 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; or
‘‘(C) necessary for national security.
‘‘(3) An exercise by the President of the authority
under this subsection shall have no effect on the proce-
dures under subsection (h) or the effect of a joint resolu-
tion of disapproval under this section.
‘‘(4) This subsection and an Executive order issued
by the President under this subsection shall not be subject
to judicial review by a court of the United States.
‘‘(e)(1) Subsection (h) shall apply to any rule that
is published in the Federal Register (as a rule that shall
take effect as a final rule) during the period beginning
on the date occurring 60 days before the date the Con-
gress adjourns sine die through the date on which the suc-
ceeding Congress first convenes.
‘‘(2) For purposes of subsection (h), a rule described
under paragraph (1) shall be treated as though such rule
were published in the Federal Register (as a rule that shall
take effect as a final rule) on the date the succeeding Con-
gress first convenes.
‘‘(3) During the period between the date the Congress
adjourns sine die through the date on which the succeed-
ing Congress first convenes, a rule described under para-
graph (1) shall take effect as a final rule as otherwise pro-
vided by law.
‘‘(f) Any rule that takes effect and later is made of
no force or effect by the enactment of a joint resolution
under subsection (h) shall be treated as though such rule
had never taken effect.
‘‘(g) If the Congress does not enact a joint resolution
of disapproval under subsection (h), 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.
‘‘(h)(1) For purposes of this subsection, the term
‘joint resolution’ means only a joint resolution introduced
after the date on which the report referred to in subsection
(b) is received by Congress the matter after the resolving
clause of which is as follows: ‘That Congress disapproves
the rule submitted by the llll relating to llll,
and such rule shall have no force or effect. (The blank
spaces being appropriately filled in.)’.
‘‘(2)(A) A resolution described in paragraph (1) shall
be referred to the committees in each House of Congress
with jurisdiction. Such a resolution shall not be reported
before the eighth day after its submission or publication
date.
‘‘(B) For purposes of this subsection the term ‘sub-
mission or publication date’ means the later of the date
on which—
‘‘(i) the Congress receives the report submitted
under subsection (b)(1); or
‘‘(ii) the rule is published in the Federal Reg-
ister.
‘‘(3) If the committee to which a resolution described
in paragraph (1) is referred has not reported such resolu-
tion (or an identical resolution) at the end of 20 calendar
days after its submission or publication date, such com-
mittee may be discharged by the Majority Leader of the
Senate or the Majority Leader of the House of Represent-
atives, as the case may be, from further consideration of
such resolution and such resolution shall be placed on the
appropriate calendar of the House involved.
‘‘(4)(A) When the committee to which a resolution
is referred has reported, or when a committee is dis-
charged (under paragraph (3)) from further consideration
of, a resolution described in paragraph (1), it shall at any
time thereafter be in order (even though a previous motion
to the same effect has been disagreed to) for any Member
of the respective House to move to proceed to the consider-
ation of the resolution, and all points of order against the
resolution (and against consideration of the resolution)