5 U.S.C. § 801

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 801 - Congressional review

(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.

(D) For any rule submitted under subparagraph (A), if the Federal agency promulgating the rule, in whole or in part, revokes, suspends, replaces, amends, or otherwise makes the rule ineffective, or the rule is made ineffective for any other reason, the Federal agency shall submit to the Comptroller General a report containing-

(i) the title of the rule;

(ii) the Federal Register citation for the rule, if any;

(iii) the date on which rule was submitted to the Comptroller General; and

(iv) a description of the provisions of the rule that are being revoked, suspended, replaced, amended, or otherwise made ineffective.

(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), and shall in addition include an assessment of the agency's compliance with such requirements of the Administrative Pay-As-You-Go Act of 2023 as may be applicable.

(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.

5 U.S.C. § 801

Added Pub. L. 104-121, title II, §251, Mar. 29, 1996, 110 Stat. 868; amended Pub. L. 118-5, div. B, title III, §270, June 3, 2023, 137 Stat. 33; Pub. L. 118-97, §2, Oct. 1, 2024, 138 Stat. 1573.

Amendment of SectionFor expiration of amendment by Pub. L. 118-5 see Termination Date of 2023 Amendment note below.

Amendment of Subsection (a)(1)(D) Pub. L. 118-97, §2(b), Oct. 1, 2024, 138 Stat. 1574, provided that, effective 6 years after Oct. 1, 2024, subsection (a)(1) of this section is amended by striking subparagraph (D). See 2024 Amendment note below.

EDITORIAL NOTES

REFERENCES IN TEXTSections 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 Administrative Pay-As-You-Go Act of 2023, referred to in subsec. (a)(2)(A), is title III of div. B of Pub. L. 118-5, 137 Stat. 31, which is set out as a note under section 551 of this title.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.

AMENDMENTS2024-Subsec. (a)(1)(D). Pub. L. 118-97, §2(b), struck out subpar. (D) which required Federal agencies to submit to the Comptroller General a report on rules that are revoked, suspended, replaced, amended, or otherwise made ineffective. Pub. L. 118-97, §2(a), added subpar. (D). 2023-Subsec. (a)(2)(A). Pub. L. 118-5, §§268, 270, temporarily inserted ",and shall in addition include an assessment of the agency's compliance with such requirements of the Administrative Pay-As-You-Go Act of 2023 as may be applicable" after "compliance with procedural steps required by paragraph (1)(B)". See Termination Date of 2023 Amendment note below.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118-97, §2(b), Oct. 1, 2024, 138 Stat. 1574, provided that the amendment made by section 2(b) is effective on the date that is 6 years after Oct. 1, 2024.

TERMINATION DATE OF 2023 AMENDMENT Amendment by Pub. L. 118-5 expires on Dec. 31, 2024, see section 268 of Pub. L. 118-5 set out in a Statutory Administrative Pay-As-You-Go note under section 551 of this title.

EFFECTIVE DATE Pub. L. 104-121, title II, §252, Mar. 29, 1996, 110 Stat. 874, 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]."

SHORT TITLEThis chapter is popularly known as the "Congressional Review Act".

TRUTH IN REGULATING Pub. L. 106-312, 114 Stat. 1248, as amended by Pub. L. 108-271, §8(b), July 7, 2004, 118 Stat. 814, 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 Government Accountability Office.

"SEC. 5. AUTHORIZATION OF APPROPRIATIONS."There are authorized to be appropriated to the Government Accountability 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."

Federal agency

The term "Federal agency" means any agency as that term is defined in section 551(1).

Member

The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.

major rule

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.