§ 1204. — Congressional veto of flammability regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1204]
TITLE 15--COMMERCE AND TRADE
CHAPTER 25--FLAMMABLE FABRICS
Sec. 1204. Congressional veto of flammability regulations
(a) Transmission to Congress
The Consumer Product Safety Commission shall transmit to the
Secretary of the Senate and the Clerk of the House of Representatives a
copy of any flammability regulation promulgated by the Commission under
section 1193 of this title.
(b) Disapproval by concurrent resolution
Any regulation specified in subsection (a) of this section shall not
take effect if--
(1) within the ninety calendar days of continuous session of the
Congress which occur after the date of the promulgation of such
regulation, both Houses of the Congress adopt a concurrent
resolution, the matter after the resolving clause of which is as
follows (with the blank spaces appropriately filled): ``That the
Congress disapproves the flammability regulation which was
promulgated under the Flammable Fabrics Act by the Consumer Product
Safety Commission with respect to and which was
transmitted to the Congress on and disapproves the
regulation for the following reasons: .''; or
(2) within the sixty calendar days of continuous session of the
Congress which occur after the date of the promulgation of such
regulation, one House of the Congress adopts such concurrent
resolution and transmits such resolution to the other House and such
resolution is not disapproved by such other House within the thirty
calendar days of continuous session of the Congress which occur
after the date of such transmittal.
(c) Presumptions from Congressional action or inaction
Congressional inaction on, or rejection of, a concurrent resolution
of disapproval under this section shall not be construed as an
expression of approval of the regulation involved, and shall not be
construed to create any presumption of validity with respect to such
regulation.
(d) Continuous session of Congress
For purposes of this section--
(1) continuity of session is broken only by an adjournment of
the 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 the periods of continuous session of the
Congress specified in subsection (b) of this section.
(June 30, 1953, ch. 164, Sec. 17, as added Pub. L. 97-35, title XII,
Sec. 1207(d), Aug. 13, 1981, 95 Stat. 719.)
References in Text
The Flammable Fabrics Act, referred to in subsec. (b), is act June
30, 1953, ch. 164, 67 Stat. 111, as amended, which is classified
generally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 1191 of this title
and Tables.
Prior Provisions
A prior section 1204, act June 30, 1953, ch. 164, Sec. 17, as added
Dec. 14, 1967, Pub. L. 90-189, Sec. 10, 81 Stat. 574; amended May 11,
1976, Pub. L. 94-284, Sec. 19, 90 Stat. 514, related to the National
Advisory Committee for Flammable Fabrics Act, prior to repeal by Pub. L.
97-35, title XII, Sec. 1205(b), Aug. 13, 1981, 95 Stat. 716, eff. Aug.
13, 1981.
Effective Date
Section applicable with respect to consumer product safety rules
under chapter 47 of this title and regulations under this chapter and
chapter 30 of this title promulgated after Aug. 13, 1981, see section
1215 of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment
note under section 2052 of this title.
