Title 5 — Government Organization and Employees — § 801. Congressional review
Summary
This part of Title 5 of the U.S. Code prints the end of section 705 (relief pending review) and Chapter 8, Congressional Review of Agency Rulemaking, including § 801 and the start of § 802. Section 801 says that before a rule can take effect, the Federal agency promulgating it shall submit to each House of the Congress and to the Comptroller General a report stating, among other things, whether it is a major rule and its proposed effective date. The Comptroller General reports on each major rule to the committees of jurisdiction by the end of 15 calendar days. A rule shall not take effect (or continue) if the Congress enacts a joint resolution of disapproval under section 802. Under section 802 a joint resolution can be placed on the Senate calendar upon a petition supported in writing by 30 Members of the Senate.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 705 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 230
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
Revised Statutes and
Derivation U.S. Code
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
§ 801 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 232
(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-
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