§307102 Effective Date of Regulations

Summary

A final rule from the Secretary cannot take effect until 30 calendar days after it is published in the Federal Register while either House of Congress is in session. After the rule is issued and sent to Congress, Congress has 90 calendar days of continuous session to pass a concurrent resolution saying it disapproves. That resolution must identify the rule and the date it was sent. If 60 calendar days of continuous session pass with no committee reporting or being discharged on a disapproval resolution and neither House has adopted one, the rule may go into effect right away. If a committee has acted within those 60 days, the rule cannot take effect before 90 calendar days of continuous session unless Congress disapproves. Continuous session only ends when Congress adjourns sine die. Days when either House adjourns more than 3 days to a set date do not count. If Congress does nothing or votes down a disapproval, that is not the same as approving the rule.