§ 801. — Congressional review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC801]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
Sec. 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.
(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).
(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.
(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110 Stat.
868.)
References in Text
Sections 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 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.
Effective Date
Section 252 of Pub. L. 104-121 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].''
Truth in Regulating
Pub. L. 106-312, Oct. 17, 2000, 114 Stat. 1248, 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 General
Accounting Office.
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the General Accounting
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.''
Section Referred to in Other Sections
This section is referred to in sections 802, 803, 808 of this title.
