Title 5Government Organization and EmployeesRelease 119-73

§802 Congressional disapproval procedure

Title 5 › Part PART I— - THE AGENCIES GENERALLY › Chapter CHAPTER 8— - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING › § 802

Last updated Apr 6, 2026|Official source

Summary

Allows Congress to block a federal agency rule by passing a special kind of joint resolution. The resolution must be filed within the 60-day window that starts when Congress gets the report about the rule (excluding long adjournments) and must say that Congress rejects the named rule and that the rule has no legal effect. The resolution goes to the usual committees. The key deadline date is the later of when Congress got the report or when the rule was published in the Federal Register. In the Senate, if the committee does not act within 20 calendar days after that key date, 30 senators can force the measure out of committee and put it on the calendar. Once reported or discharged, a simple motion to take up the resolution is allowed and many procedural objections are barred. Debate is limited to 10 hours, split evenly for and against, and the final vote happens right after debate (with one quorum call if asked). Chair rulings on these procedures are decided without debate. The special procedures do not apply after the 60 session days run out, or in certain late-session cases where the 60-day clock starts on the 15th session day of the next Congress. The rules here are part of each House’s rules but those Houses can change their rules anytime.

Full Legal Text

Title 5, §802

Government Organization and Employees — Source: USLM XML via OLRC

(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 during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress disapproves the rule submitted by the __ relating to __, and such rule shall have no force or effect.” (The blank spaces being appropriately filled in).
(b)(1)A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.
(2)For purposes of this section, the term “submission or publication date” means the later of the date on which—
(A)the Congress receives the report submitted under section 801(a)(1); or
(B)the rule is published in the Federal Register, if so published.
(c)In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the submission or publication date defined under subsection (b)(2), such committee may be discharged from further consideration of such joint resolution upon a petition 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 subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration 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 amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 consideration 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 resolution, 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 opposing 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 resolution 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 relating to the application of the rules of the Senate to the procedure relating to a joint resolution 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 consideration 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 subsection (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 described in subsection (a) of the House receiving 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, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable 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 constitutional 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 802

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73