§ 1276. — Congressional veto of hazardous substances 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: 15USC1276]
TITLE 15--COMMERCE AND TRADE
CHAPTER 30--HAZARDOUS SUBSTANCES
Sec. 1276. Congressional veto of hazardous substances
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 regulation promulgated by the Commission under section
1261(q)(1) of this title or subsection (e) of section 1262 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 regulation which was promulgated under the
Federal Hazardous Substances 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.
(Pub. L. 86-613, Sec. 21, as added Pub. L. 97-35, title XII,
Sec. 1207(c), Aug. 13, 1981, 95 Stat. 718.)
References in Text
The Federal Hazardous Substances Act, referred to in subsec. (b), is
Pub. L. 86-613, July 12, 1960, 74 Stat. 372, 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 1261 of
this title and Tables.
Effective Date
Section applicable with respect to consumer product safety rules
under chapter 47 of this title and regulations under this chapter and
chapter 25 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.
