§2083 — Title 15 Commerce and Trade | U.S. Code

Summary

The Commission must send every consumer product safety rule to the Secretary of the Senate and the Clerk of the House. A rule will not take effect if Congress disapproves it in one of two ways: both Houses adopt a disapproval resolution within 90 calendar days of continuous session after the rule is sent, or one House adopts such a resolution within 60 calendar days and the other House does not disapprove it within 30 calendar days of continuous session after it is sent. If Congress does nothing or rejects a disapproval, that is not the same as approving the rule. A continuous session ends only by adjournment sine die, and days when either House is out because of an adjournment of more than 3 days to a set date are not counted in the 60, 90, or 30 day periods.

Title 15, §2083

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 consumer product safety rule promulgated by the Commission under section 2058 of this title.

(b)Any rule specified in subsection (a) shall not take effect if—

(1)within the 90 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, 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 consumer product safety rule which was promulgated by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the rule for the following reasons: .”; or

(2)within the 60 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, 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 30 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 rule involved, and shall not be construed to create any presumption of validity with respect to such rule.

(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 3 days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b).

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

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

Regulations

under chapters 25 and 30 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.

§2083 Congressional veto of consumer product safety rules

Summary

Title 15, §2083

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata