§307102 Effective date of regulations

Summary

A final regulation from the Secretary cannot take effect until 30 calendar days after it is published in the Federal Register while Congress is in session. If both Houses of Congress pass a joint disapproval resolution within 90 continuous session days after the rule is sent to Congress—with the resolution naming the rule and date—the regulation does not become effective. If 60 continuous session days pass after the rule is sent and no committee has reported or been discharged on a disapproval resolution and neither House has adopted one, the rule can go into effect right away. If a committee did act within those 60 days, the rule may not take effect before 90 continuous session days unless both Houses disapprove it. A final adjournment (adjournment sine die) breaks the count, and short adjournments longer than 3 days to a set date are dropped from the 60- and 90-day counts. If Congress does nothing or rejects a disapproval, that is not treated as approval of the rule.