5 U.S.C. § 802 — Congressional disapproval procedure

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- Page 234 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 803 plicable 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 constitu- tional 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, § 251, Mar. 29, 1996, 110 Stat. 871.) § 803. Special rule on statutory, regulatory, and judicial deadlines (a) In the case of any deadline for, relating to, or involving any rule which does not take effect (or the effectiveness of which is terminated) be- cause of enactment of a joint resolution under section 802, that deadline is extended until the date 1 year after the date of enactment of the joint resolution. Nothing in this subsection shall be construed to affect a deadline merely by reason of the postponement of a rule’s effective date under section 801(a). (b) The term ‘‘deadline’’ means any date cer- tain for fulfilling any obligation or exercising any authority established by or under any Fed- eral statute or regulation, or by or under any court order implementing any Federal statute or regulation. (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 873.) § 804. Definitions For purposes of this chapter— (1) The term ‘‘Federal agency’’ means any agency as that term is defined in section 551(1). (2) The term ‘‘major rule’’ means any rule that the Administrator of the Office of Infor- mation and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geo- graphic regions; or (C) significant adverse effects on competi- tion, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and ex- port markets. The term does not include any rule promul- gated under the Telecommunications Act of 1996 and the amendments made by that Act. (3) The term ‘‘rule’’ has the meaning given such term in section 551, except that such term does not include— (A) any rule of particular applicability, in- cluding a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or ac- quisitions thereof, or accounting practices or disclosures bearing on any of the fore- going; (B) any rule relating to agency manage- ment or personnel; or (C) any rule of agency organization, proce- dure, or practice that does not substantially affect the rights or obligations of non-agen- cy parties. (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 873.) Editorial Notes REFERENCES IN TEXT The Telecommunications Act of 1996, referred to in par. (2), is Pub. L. 104–104, Feb. 8, 1996, 110 Stat. 56. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under sec- tion 609 of Title 47, Telecommunications, and Tables. § 805. Judicial review No determination, finding, action, or omission under this chapter shall be subject to judicial review. (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 873.) § 806. Applicability; severability (a) This chapter shall apply notwithstanding any other provision of law. (b) If any provision of this chapter or the ap- plication of any provision of this chapter to any person or circumstance, is held invalid, the ap- plication of such provision to other persons or circumstances, and the remainder of this chap- ter, shall not be affected thereby. (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 873.) § 807. Exemption for monetary policy Nothing in this chapter shall apply to rules that concern monetary policy proposed or im- plemented by the Board of Governors of the Fed- eral Reserve System or the Federal Open Mar- ket Committee. (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 874.) § 808. Effective date of certain rules Notwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory pro- gram for a commercial, recreational, or sub- sistence activity related to hunting, fishing, or camping, or (2) any rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure there- on are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines. (Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 874.) CHAPTER 9—EXECUTIVE REORGANIZATION Sec. 901. Purpose.