5 U.S.C. § 801 — Congressional review

Page 230 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 705 vides that the action meanwhile is inoperative, for an appeal to superior agency authority. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 392.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1009(c). June 11, 1946, ch. 324, § 10(c), 60 Stat. 243. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of this report. § 705. Relief pending review When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the re- viewing court, including the court to which a case may be taken on appeal from or on applica- tion for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 393.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1009(d). June 11, 1946, ch. 324, § 10(d), 60 Stat. 243. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of this report. § 706. Scope of review To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitu- tional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully with- held or unreasonably delayed; and (2) hold unlawful and set aside agency ac- tion, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of dis- cretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, au- thority, or limitations, or short of statutory right; (D) without observance of procedure re- quired by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 393.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1009(e). June 11, 1946, ch. 324, § 10(e), 60 Stat. 243. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of this report. Statutory Notes and Related Subsidiaries ABBREVIATION OF RECORD Pub. L. 85–791, Aug. 28, 1958, 72 Stat. 941, which au- thorized abbreviation of record on review or enforce- ment of orders of administrative agencies and review on the original papers, provided, in section 35 thereof, that: ‘‘This Act [see Tables for classification] shall not be construed to repeal or modify any provision of the Administrative Procedure Act [see Short Title note set out preceding section 551 of this title].’’ CHAPTER 8—CONGRESSIONAL REVIEW OF AGENCY RULEMAKING Sec. 801. Congressional review. 802. Congressional disapproval procedure. 803. Special rule on statutory, regulatory, and ju- dicial deadlines. 804. Definitions. 805. Judicial review. 806. Applicability; severability. 807. Exemption for monetary policy. 808. Effective date of certain rules. § 801. Congressional review (a)(1)(A) Before a rule can take effect, the Fed- eral agency promulgating such rule shall submit to each House of the Congress and to the Comp- troller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule, including whether it is a major rule; and (iii) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency pro- mulgating the rule shall submit to the Comp- troller General and make available to each House of Congress— (i) a complete copy of the cost-benefit anal- ysis of the rule, if any; (ii) the agency’s actions relevant to sections 603, 604, 605, 607, and 609; (iii) the agency’s actions relevant to sec- tions 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or re- quirements under any other Act and any rel- evant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide cop- ies of the report to the chairman and ranking member of each standing committee with juris- diction under the rules of the House of Rep- resentatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (D) For any rule submitted under subpara- graph (A), if the Federal agency promulgating Page 231 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 801 the rule, in whole or in part, revokes, suspends, replaces, amends, or otherwise makes the rule ineffective, or the rule is made ineffective for any other reason, the Federal agency shall sub- mit to the Comptroller General a report con- taining— (i) the title of the rule; (ii) the Federal Register citation for the rule, if any; (iii) the date on which rule was submitted to the Comptroller General; and (iv) a description of the provisions of the rule that are being revoked, suspended, re- placed, amended, or otherwise made ineffec- tive. (2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction in each House of the Congress by the end of 15 calendar days after the submission or publication date as provided in section 802(b)(2). The report of the Comptroller General shall include an assessment of the agency’s com- pliance with procedural steps required by para- graph (1)(B). (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect on the lat- est of— (A) the later of the date occurring 60 days after the date on which— (i) the Congress receives the report sub- mitted under paragraph (1); or (ii) the rule is published in the Federal Register, if so published; (B) if the Congress passes a joint resolution of disapproval described in section 802 relating to the rule, and the President signs a veto of such resolution, the earlier date— (i) on which either House of Congress votes and fails to override the veto of the Presi- dent; or (ii) occurring 30 session days after the date on which the Congress received the veto and objections of the President; or (C) the date the rule would have otherwise taken effect, if not for this section (unless a joint resolution of disapproval under section 802 is enacted). (4) Except for a major rule, a rule shall take effect as otherwise provided by law after submis- sion to Congress under paragraph (1). (5) Notwithstanding paragraph (3), the effec- tive date of a rule shall not be delayed by oper- ation of this chapter beyond the date on which either House of Congress votes to reject a joint resolution of disapproval under section 802. (b)(1) A rule shall not take effect (or con- tinue), if the Congress enacts a joint resolution of disapproval, described under section 802, of the rule. (2) A rule that does not take effect (or does not continue) under paragraph (1) may not be re- issued 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 en- acted after the date of the joint resolution dis- approving the original rule. (c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a rule that would not take effect by reason of sub- section (a)(3) may take effect, if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of crimi- nal laws; (C) necessary for national security; or (D) issued pursuant to any statute imple- menting an international trade agreement. (3) An exercise by the President of the author- ity under this subsection shall have no effect on the procedures under section 802 or the effect of a joint resolution of disapproval under this sec- tion. (d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was sub- mitted in accordance with subsection (a)(1)(A) during the period beginning on the date occur- ring— (A) in the case of the Senate, 60 session days, or (B) in the case of the House of Representa- tives, 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. (2)(A) In applying section 802 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register (as a rule that shall take effect) on— (I) in the case of the Senate, the 15th ses- sion day, or (II) in the case of the House of Representa- tives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be con- strued to affect the requirement under sub- section (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (includ- ing other subsections of this section). (e)(1) For purposes of this subsection, section 802 shall also apply to any major rule promul- gated between March 1, 1996, and the date of the enactment of this chapter. (2) In applying section 802 for purposes of Con- gressional review, a rule described under para- graph (1) shall be treated as though— (A) such rule were published in the Federal Register on the date of enactment of this chapter; and Page 232 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 801 (B) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (3) 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. (f) Any rule that takes effect and later is made of no force or effect by enactment of a joint res- olution under section 802 shall be treated as though such rule had never taken effect. (g) If the Congress does not enact a joint reso- lution of disapproval under section 802 respect- ing a rule, no court or agency may infer any in- tent of the Congress from any action or inaction of the Congress with regard to such rule, related statute, or joint resolution of disapproval. (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 868; amended Pub. L. 118–5, div. B, title III, § 270, June 3, 2023, 137 Stat. 33; Pub. L. 118–97, § 2, Oct. 1, 2024, 138 Stat. 1573.) AMENDMENT OF SUBSECTION (a)(1)(D) Pub. L. 118–97, § 2(b), Oct. 1, 2024, 138 Stat. 1574, provided that, effective 6 years after Oct. 1, 2024, subsection (a)(1) of this section is amended by striking subparagraph (D). See 2024 Amendment note below. Editorial Notes REFERENCES IN TEXT Sections 202, 203, 204, and 205 of the Unfunded Man- dates Reform Act of 1995, referred to in subsec. (a)(1)(B)(iii), are classified to sections 1532, 1533, 1534, and 1535, respectively, of Title 2, The Congress. The date of the enactment of this chapter, referred to in subsec. (e)(1), (2), is the date of the enactment of Pub. L. 104–121, which was approved Mar. 29, 1996. AMENDMENTS 2024—Subsec. (a)(1)(D). Pub. L. 118–97, § 2(b), struck out subpar. (D) which required Federal agencies to sub- mit to the Comptroller General a report on rules that are revoked, suspended, replaced, amended, or other- wise made ineffective. Pub. L. 118–97, § 2(a), added subpar. (D). 2023—Subsec. (a)(2)(A). Pub. L. 118–5, §§ 268, 270, tem- porarily inserted ‘‘, and shall in addition include an as- sessment of the agency’s compliance with such require- ments of the Administrative Pay-As-You-Go Act of 2023 as may be applicable’’ after ‘‘compliance with proce- dural steps required by paragraph (1)(B)’’. See Termi- nation Date of 2023 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–97, § 2(b), Oct. 1, 2024, 138 Stat. 1574, pro- vided that the amendment made by section 2(b) is effec- tive on the date that is 6 years after Oct. 1, 2024. TERMINATION DATE OF 2023 AMENDMENT Amendment by Pub. L. 118–5 expires on Dec. 31, 2024, see section 268 of Pub. L. 118–5, set out in a Statutory Administrative Pay-As-You-Go note under section 551 of this title. EFFECTIVE DATE Pub. L. 104–121, title II, § 252, Mar. 29, 1996, 110 Stat. 874, provided that: ‘‘The amendment made by section 351 [probably means section 251, enacting this chapter] shall take effect on the date of enactment of this Act [Mar. 29, 1996].’’ SHORT TITLE This chapter is popularly known as the ‘‘Congres- sional Review Act’’. TRUTH IN REGULATING Pub. L. 106–312, Oct. 17, 2000, 114 Stat. 1248, as amend- ed by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Truth in Regulating Act of 2000’. ‘‘SEC. 2. PURPOSES. ‘‘The purposes of this Act are to— ‘‘(1) increase the transparency of important regu- latory decisions; ‘‘(2) promote effective congressional oversight to ensure that agency rules fulfill statutory require- ments in an efficient, effective, and fair manner; and ‘‘(3) increase the accountability of Congress and the agencies to the people they serve. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act, the term— ‘‘(1) ‘agency’ has the meaning given such term under section 551(1) of title 5, United States Code; ‘‘(2) ‘economically significant rule’ means any pro- posed or final rule, including an interim or direct final rule, that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the econ- omy, productivity, competition, jobs, the environ- ment, public health or safety, or State, local, or trib- al governments or communities; and ‘‘(3) ‘independent evaluation’ means a substantive evaluation of the agency’s data, methodology, and as- sumptions used in developing the economically sig- nificant rule, including— ‘‘(A) an explanation of how any strengths or weaknesses in those data, methodology, and as- sumptions support or detract from conclusions reached by the agency; and ‘‘(B) the implications, if any, of those strengths or weaknesses for the rulemaking. ‘‘SEC. 4. PILOT PROJECT FOR REPORT ON RULES. ‘‘(a) IN GENERAL.— ‘‘(1) REQUEST FOR REVIEW.—When an agency pub- lishes an economically significant rule, a chairman or ranking member of a committee of jurisdiction of either House of Congress may request the Comp- troller General of the United States to review the rule. ‘‘(2) REPORT.—The Comptroller General shall sub- mit a report on each economically significant rule se- lected under paragraph (4) to the committees of juris- diction in each House of Congress not later than 180 calendar days after a committee request is received. The report shall include an independent evaluation of the economically significant rule by the Comptroller General. ‘‘(3) INDEPENDENT EVALUATION.—The independent evaluation of the economically significant rule by the Comptroller General under paragraph (2) shall in- clude— ‘‘(A) an evaluation of the agency’s analysis of the potential benefits of the rule, including any bene- ficial effects that cannot be quantified in monetary terms and the identification of the persons or enti- ties likely to receive the benefits; ‘‘(B) an evaluation of the agency’s analysis of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to bear the costs; ‘‘(C) an evaluation of the agency’s analysis of al- ternative approaches set forth in the notice of pro- posed rulemaking and in the rulemaking record, as well as of any regulatory impact analysis, fed- eralism assessment, or other analysis or assessment prepared by the agency or required for the economi- cally significant rule; and ‘‘(D) a summary of the results of the evaluation of the Comptroller General and the implications of those results. Page 233 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 802 ‘‘(4) PROCEDURES FOR PRIORITIES OF REQUESTS.—The Comptroller General shall have discretion to develop procedures for determining the priority and number of requests for review under paragraph (1) for which a report will be submitted under paragraph (2). ‘‘(b) AUTHORITY OF COMPTROLLER GENERAL.—Each agency shall promptly cooperate with the Comptroller General in carrying out this Act. Nothing in this Act is intended to expand or limit the authority of the Gov- ernment Accountability Office. ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to the Gov- ernment Accountability Office to carry out this Act $5,200,000 for each of fiscal years 2000 through 2002. ‘‘SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT. ‘‘(a) EFFECTIVE DATE.—This Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act [Oct. 17, 2000]. ‘‘(b) DURATION OF PILOT PROJECT.—The pilot project under this Act shall continue for a period of 3 years, if in each fiscal year, or portion thereof included in that period, a specific annual appropriation not less than $5,200,000 or the pro-rated equivalent thereof shall have been made for the pilot project. ‘‘(c) REPORT.—Before the conclusion of the 3-year pe- riod, the Comptroller General shall submit to Congress a report reviewing the effectiveness of the pilot project and recommending whether or not Congress should per- manently authorize the pilot project.’’ § 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 dur- ing a session of Congress), the matter after the resolving clause of which is as follows: ‘‘That Congress disapproves the rule submitted by the ll relating to ll, and such rule shall have no force or effect.’’ (The blank spaces being appro- priately filled in). (b)(1) A joint resolution described in sub- section (a) shall be referred to the committees in each House of Congress with jurisdiction. (2) For purposes of this section, the term ‘‘sub- mission or publication date’’ means the later of the date on which— (A) the Congress receives the report sub- mitted under section 801(a)(1); or (B) the rule is published in the Federal Reg- ister, if so published. (c) In the Senate, if the committee to which is referred a joint resolution described in sub- section (a) has not reported such joint resolu- tion (or an identical joint resolution) at the end of 20 calendar days after the submission or pub- lication date defined under subsection (b)(2), such committee may be discharged from further consideration of such joint resolution upon a pe- tition 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 sub- section (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a pre- vious motion to the same effect has been dis- agreed to) for a motion to proceed to the consid- eration 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 amend- ment, or to a motion to postpone, or to a motion to proceed to the consideration of other busi- ness. 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 consid- eration 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 resolu- tion, 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 oppos- ing 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 res- olution 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 re- lating to the application of the rules of the Sen- ate to the procedure relating to a joint resolu- tion 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 con- sideration 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 sub- section (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 de- scribed in subsection (a) of the House receiv- ing 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, re- spectively, and as such it is deemed a part of the rules of each House, respectively, but ap-