42 U.S.C. § 9655 : US Code - Section 9655: Legislative veto of rule or regulation
Search 42 U.S.C. § 9655 : US Code - Section 9655: Legislative veto of rule or regulation
(a) Transmission to Congress upon promulgation or repromulgation of
rule or regulation; disapproval procedures
Notwithstanding any other provision of law, simultaneously with
promulgation or repromulgation of any rule or regulation under
authority of subchapter I of this chapter, the head of the
department, agency, or instrumentality promulgating such rule or
regulation shall transmit a copy thereof to the Secretary of the
Senate and the Clerk of the House of Representatives. Except as
provided in subsection (b) of this section, the rule or regulation
shall not become effective, if -
(1) within ninety calendar days of continuous session of
Congress after the date of promulgation, both Houses of Congress
adopt a concurrent resolution, the matter after the resolving
clause of which is as follows: "That Congress disapproves the
rule or regulation promulgated by the dealing with the
matter of , which rule or regulation was transmitted to
Congress on .", the blank spaces therein being
appropriately filled; or
(2) within sixty calendar days of continuous session of
Congress after the date of promulgation, one House of Congress
adopts such a concurrent resolution and transmits such resolution
to the other House, and such resolution is not disapproved by
such other House within thirty calendar days of continuous
session of Congress after such transmittal.
(b) Approval; effective dates
If, at the end of sixty calendar days of continuous session of
Congress after the date of promulgation of a rule or regulation, no
committee of either House of Congress has reported or been
discharged from further consideration of a concurrent resolution
disapproving the rule or regulation and neither House has adopted
such a resolution, the rule or regulation may go into effect
immediately. If, within such sixty calendar days, such a committee
has reported or been discharged from further consideration of such
a resolution, or either House has adopted such a resolution, the
rule or regulation may go into effect not sooner than ninety
calendar days of continuous session of Congress after such rule is
prescribed unless disapproved as provided in subsection (a) of this
section.
(c) Sessions of Congress as applicable
For purposes of subsections (a) and (b) of this section -
(1) continuity of session is broken only by an adjournment of
Congress sine die; and
(2) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of thirty, sixty, and ninety calendar
days of continuous session of Congress.
(d) Congressional inaction on, or rejection of, resolution of
disapproval
Congressional inaction on, or rejection of, a resolution of
disapproval shall not be deemed an expression of approval of such
rule or regulation.
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