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Title 15 — Commerce and TradeRelease 119-73

§1276 Congressional veto of hazardous substances regulations

Title 15 › Chapter CHAPTER 30— - HAZARDOUS SUBSTANCES › § 1276

Last updated Apr 6, 2026|Official source

Summary

The Commission must send a copy of any rule it issues under the listed sections to the Secretary of the Senate and the Clerk of the House. A rule will not take effect if Congress disapproves it. That happens if both Houses adopt a disapproval resolution within 90 calendar days of continuous session after the rule was sent, or if one House adopts such a resolution within 60 calendar days, sends it to the other, and the other House does not disapprove it within 30 calendar days. If Congress does nothing or rejects a disapproval resolution, that is not the same as approving the rule and does not make the rule presumptively valid. "Continuous session" ends only when Congress adjourns sine die, and days when either House is out of session for an adjournment of more than three days to a day certain are not counted in the 90-, 60-, or 30-day periods.

Full Legal Text

Title 15, §1276

Commerce and Trade — Source: USLM XML via OLRC

(a)The Commission shall transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any regulation promulgated by the Commission under section 1261(q)(1) of this title or subsection (e) of section 1262 of this title.
(b)Any regulation specified in subsection (a) shall not take effect if—
(1)within the ninety calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): “That the Congress disapproves the regulation which was promulgated under the Federal Hazardous Substances Act by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the regulation for the following reasons: .”; or
(2)within the sixty calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the thirty calendar days of continuous session of the Congress which occur after the date of such transmittal.
(c)Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the regulation involved, and shall not be construed to create any presumption of validity with respect to such regulation.
(d)For purposes of this section—
(1)continuity of session is broken only by an adjournment of the Congress sine die; and
(2)the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Hazardous Substances Act, referred to in subsec. (b), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1261 of this title and Tables.

Amendments

2008—Pub. L. 110–314, which directed the substitution of “Commission” for “Consumer Product Safety Commission” in this section, was executed by making the substitution in subsec. (a), before “shall transmit”, but not in subsec. (b)(1), to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to consumer product safety rules under chapter 47 of this title and

Regulations

under this chapter and chapter 25 of this title promulgated after Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an

Effective Date

of 1981 Amendment note under section 2052 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1276

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73