Title 42, The Public Health and WelfareRelease 119-110

§9655 Legislative Veto of Rule or Regulation

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

Last updated Sep 22, 2026|Official source

Summary

When an agency head issues or reissues a rule under subchapter I, they must at the same time send a copy to the Secretary of the Senate and the Clerk of the House of Representatives. The rule cannot take effect if either: both Houses adopt a concurrent resolution disapproving it within 90 calendar days of continuous session after it was issued; or one House adopts a disapproval within 60 calendar days and sends it to the other House, and that other House does not disapprove it within 30 calendar days of continuous session after receiving it. If no committee has acted and neither House has adopted a disapproval by the end of the 60-day period, the rule may take effect immediately. If a committee has acted or either House has adopted a disapproval within those 60 days, the rule may not take effect before 90 calendar days after it was issued unless disapproved as above. Continuity of session ends only when Congress adjourns without naming a return date. Days when either House is out of session because of an adjournment longer than three days to a day certain are not counted when computing the 30, 60, and 90 calendar days. If Congress does nothing, or rejects a resolution to disapprove, that is not the same as Congress approving the rule.

Full Legal Text

Title 42, §9655

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

(a)Transmission to Congress upon promulgation or repromulgation of rule or regulation; disapproval procedures
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)Approval; effective dates
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)Sessions of Congress as applicable
For purposes of subsections (a) and (b) of this section— (1)
(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, resolution of disapproval
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110