5 U.S.C. § 806 — Applicability; severability

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.