Title 42The Public Health and WelfareRelease 119-73

§9655 Legislative veto of rule or regulation

Title 42 › Chapter CHAPTER 103— - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › Subchapter SUBCHAPTER III— - MISCELLANEOUS PROVISIONS › § 9655

Last updated Apr 6, 2026|Official source

Summary

When a federal department makes or reissues a rule under subchapter I, the department head must send a copy to the Secretary of the Senate and the Clerk of the House at the same time. The rule cannot take effect if Congress acts to disapprove it. If both Houses pass a disapproval concurrent resolution within 90 calendar days of continuous session after the rule was sent, the rule is blocked. If one House passes such a resolution within 60 calendar days and sends it to the other House, and the other House does not vote to reject that resolution within 30 calendar days, the rule is also blocked. If no committee moves a disapproval and neither House has passed one by the end of 60 calendar days, the rule can take effect right away. If a committee did act or a House did pass a disapproval in those 60 days, the rule must wait at least 90 calendar days after it was issued before taking effect unless disapproved as above. A "continuous session" ends only when Congress adjourns sine die, and days when either House is out for more than three days for a scheduled adjournment do not count toward the 30, 60, or 90 day totals. If Congress does nothing, or rejects a disapproval resolution, that does not mean Congress approves the rule.

Full Legal Text

Title 42, §9655

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, simultaneously with promulgation or repromulgation of any rule or regulation under authority of subchapter I of this chapter, the head of the department, agency, or instrumentality promulgating such rule or regulation shall transmit a copy thereof to the Secretary of the Senate and the Clerk of the House of Representatives. Except as provided in subsection (b) of this section, the rule or regulation shall not become effective, if—
(1)within ninety calendar days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows: “That Congress disapproves the rule or regulation promulgated by the dealing with the matter of , which rule or regulation was transmitted to Congress on .”, the blank spaces therein being appropriately filled; or
(2)within sixty calendar days of continuous session of Congress after the date of promulgation, one House of Congress adopts such a concurrent resolution and transmits such resolution to the other House, and such resolution is not disapproved by such other House within thirty calendar days of continuous session of Congress after such transmittal.
(b)If, at the end of sixty calendar days of continuous session of Congress after the date of promulgation of a rule or regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the rule or regulation and neither House has adopted such a resolution, the rule or regulation may go into effect immediately. If, within such sixty calendar days, such a committee has reported or been discharged from further consideration of such a resolution, or either House has adopted such a resolution, the rule or regulation may go into effect not sooner than ninety calendar days of continuous session of Congress after such rule is prescribed unless disapproved as provided in subsection (a) of this section.
(c)For purposes of subsections (a) and (b) of this section—
(1)continuity of session is broken only by an adjournment of 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 thirty, sixty, and ninety calendar days of continuous session of Congress.
(d)Congressional inaction on, or rejection of, a resolution of disapproval shall not be deemed an expression of approval of such rule or regulation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 9655

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73