H. R. 3136—24
rule may not be issued, unless the reissued or new rule is specifi-
cally authorized by a law enacted after the date of the joint resolu-
tion 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 inter-
national 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 pro-
vided 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 legisla-
tive 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 succeed-
ing 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—
H. R. 3136—25
‘‘(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 dis-
approval 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.
‘‘§ 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 submit-
ted by the ll relating to ll, 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 jurisdic-
tion.
‘‘(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 sec-
tion 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 sup-
ported 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 dis-
charged (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
H. R. 3136—26
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 sub-
section (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.
H. R. 3136—27
‘‘§ 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 sub-
section 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 Adminis-
trator 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, employ-
ment, 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 finan-
cial 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 person-
nel; or
‘‘(C) any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties.
‘‘§ 805. Judicial review
‘‘No determination, finding, action, or omission under this chap-
ter shall be subject to judicial review.
‘‘§ 806. Applicability; severability
‘‘(a) This chapter shall apply notwithstanding any other provi-
sion 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
H. R. 3136—28
invalid, the application of such provision to other persons or cir-
cumstances, 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 Commit-
tee.
‘‘§ 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 there-
for 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.’’.
SEC. 252. EFFECTIVE DATE.
The amendment made by section 351 shall take effect on the
date of enactment of this Act.
SEC. 253. TECHNICAL AMENDMENT.
The table of chapters for part I of title 5, United States Code,
is amended by inserting immediately after the item relating to
chapter 7 the following:
‘‘8. Congressional Review of Agency Rulemaking ......................................
801’’.