H. R. 2586—37
‘‘(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 or proposed rule shall not take effect (or continue)
as a final rule, if the Congress passes a joint resolution of dis-
approval described under section 802.
‘‘(2) A rule or proposed rule that does not take effect (or does
not continue) under paragraph (1) may not be reissued in substan-
tially the same form, and a new rule that is substantially the
same as such a rule or proposed 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 this chapter 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 a 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 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 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 as a final rule) on the 15th session
day after the succeeding 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 final rule can take effect.
‘‘(3) A rule described under paragraph (1) shall take effect
as a final rule as otherwise provided by law (including other sub-
sections of this section).
H. R. 2586—38
‘‘(e)(1) Section 802 shall apply in accordance with its terms
to any major rule that was published in the Federal Register
(as a rule that shall take effect as a final rule) in the period
beginning on November 20, 1994, through the date of enactment
of the Comprehensive Regulatory Reform Act of 1995.
‘‘(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 (as
a rule that shall take effect as a final rule) on the date of
enactment of the Comprehensive Regulatory Reform Act of
1995; 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, 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) JOINT RESOLUTION DEFINED.—For purposes of this section,
the term ‘joint resolution’ means only—
‘‘(1) a joint resolution introduced in the period beginning
on the date on which the report referred to in section 801(a)
is received by Congress and ending 60 days thereafter (exclud-
ing 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 dis-
approves the rule submitted by the ll relating to ll, and
such rule shall have no force or effect.’ (the blank spaces being
appropriately filled in); or
‘‘(2) a joint resolution the matter after the resolving clause
of which is as follows: ‘That the Congress disapproves the
proposed rule published by the llll relating to lll,
and such proposed rule shall not be issued or take effect as
a final rule.’ (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—
‘‘(A) in the case of a joint resolution described in subsection
(a)(1) the later of the date on which—
‘‘(i) the Congress receives the report submitted under
section 801(a)(1); or
‘‘(ii) the rule is published in the Federal Register; or
‘‘(B) in the case of a joint resolution described in subsection
(a)(2), the date of introduction of the joint resolution.
‘‘(c) In the Senate, if the committee to which is referred a
joint resolution described in subsection (a) has not reported such
H. R. 2586—39
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 appropriate 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
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) 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.
‘‘(f) 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
H. R. 2586—40
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 the joint resolution. Nothing in this subsection shall
be construed to affect a deadline merely by reason of the postpone-
ment 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
‘‘(a) For purposes of this chapter—
‘‘(1) the term ‘Federal agency’ means any agency as that
term is defined in section 551(1) (relating to administrative
procedure);
‘‘(2) the term ‘major rule’ has the same meaning given
such term in section 621(5); and
‘‘(3) the term ‘final rule’ means any final rule or interim
final rule.
‘‘(b) As used in subsection (a)(3), the term ‘rule’ has the meaning
given such term in section 551, except that such term does not
include 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, reorganiza-
tions, mergers, or acquisitions thereof, or accounting practices or
disclosures bearing on any of the foregoing or any rule of agency
organization, personnel, procedure, practice or any routine matter.
‘‘§ 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
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.’’.