
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
