§ 802. — Congressional disapproval procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC802]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
Sec. 802. Congressional disapproval procedure
(a) For purposes of this section, the term ``joint resolution''
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is received
by Congress and ending 60 days thereafter (excluding days either House
of Congress is adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of which is as follows:
``That Congress disapproves the rule submitted by the __ relating to __,
and such rule shall have no force or effect.'' (The blank spaces being
appropriately filled in).
(b)(1) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
(2) For purposes of this section, the term ``submission or
publication date'' means the later of the date on which--
(A) the Congress receives the report submitted under section
801(a)(1); or
(B) the rule is published in the Federal Register, if so
published.
(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 20 calendar
days after the submission or publication date defined under subsection
(b)(2), such committee may be discharged from further consideration of
such joint resolution upon a petition supported in writing by 30 Members
of the Senate, and such joint resolution shall be placed on the
calendar.
(d)(1) In the Senate, when the committee to which a joint resolution
is referred has reported, or when a committee is discharged (under
subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order (even
though a previous motion to the same effect has been disagreed to) for a
motion to proceed to the consideration of the joint resolution, and all
points of order against the joint resolution (and against consideration
of the joint resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the joint resolution is
agreed to, the joint resolution shall remain the unfinished business of
the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or a motion
to postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution is not in order.
(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
(e) In the Senate the procedure specified in subsection (c) or (d)
shall not apply to the consideration of a joint resolution respecting a
rule--
(1) after the expiration of the 60 session days beginning with
the applicable submission or publication date, or
(2) if the report under section 801(a)(1)(A) was submitted
during the period referred to in section 801(d)(1), after the
expiration of the 60 session days beginning on the 15th session day
after the succeeding session of Congress first convenes.
(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
(1) The joint resolution of the other House shall not be
referred to a committee.
(2) With respect to a joint resolution described in subsection
(a) of the House receiving the joint resolution--
(A) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(g) This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is deemed a
part of the rules of each House, respectively, but applicable only
with respect to the procedure to be followed in that House in the
case of a joint resolution described in subsection (a), and it
supersedes other rules only to the extent that it is inconsistent
with such rules; and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
that House) at any time, in the same manner, and to the same extent
as in the case of any other rule of that House.
(Added Pub. L. 104-121, title II, Sec. 251, Mar. 29, 1996, 110 Stat.
871.)
Section Referred to in Other Sections
This section is referred to in sections 801, 803 of this title.
