5 U.S.C. § 801
Section 801 · Congressional review
Current version, with additions and removals from the June 3, 2023 version.
A rule shall not take effect (or continue), if the Congress enacts a joint resolution of disapproval, described under section 802, of the rule.
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.
A rule shall not take effect (or continue), if the Congress enacts a joint resolution of disapproval, described under section 802, of the rule.
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.
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.
Paragraph (1) applies to a determination made by the President by Executive order that the rule should take effect because such rule is—
necessary because of an imminent threat to health or safety or other emergency;
necessary for the enforcement of criminal laws;
necessary for national security; or
issued pursuant to any statute implementing an international trade agreement.
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.
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.
Paragraph (1) applies to a determination made by the President by Executive order that the rule should take effect because such rule is—
necessary because of an imminent threat to health or safety or other emergency;
necessary for the enforcement of criminal laws;
necessary for national security; or
issued pursuant to any statute implementing an international trade agreement.
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.
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—
in the case of the Senate, 60 session days, or
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.
In applying section 802 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though—
such rule were published in the Federal Register (as a rule that shall take effect) on—
in the case of the Senate, the 15th session day, or
in the case of the House of Representatives, the 15th legislative day,
after the succeeding session of Congress first convenes; and
a report on such rule were submitted to Congress under subsection (a)(1) on such date.
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.
A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).
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—
in the case of the Senate, 60 session days, or
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.
In applying section 802 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though—
such rule were published in the Federal Register (as a rule that shall take effect) on—
in the case of the Senate, the 15th session day, or
in the case of the House of Representatives, the 15th legislative day,
after the succeeding session of Congress first convenes; and
a report on such rule were submitted to Congress under subsection (a)(1) on such date.
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.
A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).
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.
In applying section 802 for purposes of Congressional review, a rule described under paragraph (1) shall be treated as though—
such rule were published in the Federal Register on the date of enactment of this chapter; and
a report on such rule were submitted to Congress under subsection (a)(1) on such date.
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.
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.
In applying section 802 for purposes of Congressional review, a rule described under paragraph (1) shall be treated as though—
such rule were published in the Federal Register on the date of enactment of this chapter; and
a report on such rule were submitted to Congress under subsection (a)(1) on such date.
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.
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.
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.
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.
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.