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15 U.S.C. § 1276Congressional veto of hazardous substances regulations

submitted 45 years ago by Pub. L. 86-613 to r/title-15-COMMERCE-AND-TRADE · 341 words · no verdicts yet

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The Commission must send certain hazardous-substance regulations to Congress. A regulation cannot take effect if Congress disapproves it through the specified concurrent-resolution procedures.

(a) The Commission must send the Secretary of the Senate and the Clerk of the House a copy of every regulation it issues under section 1261(q)(1) or section 1262(e). (b) A regulation sent under subsection (a) does not take effect if (1) within 90 calendar days of continuous congressional session after promulgation, both Houses adopt a concurrent resolution disapproving it using the required form; or (2) within 60 such days one House adopts and sends that resolution to the other House, and the other House does not disapprove it within 30 such days after receiving it. (c) Congress's failure to act on, or rejection of, a disapproval resolution does not mean Congress approved the regulation and does not create a presumption that the regulation is valid. (d) Continuity of session is broken only by Congress adjourning sine die. Days when either House is not in session because it adjourned for more than three days to a specified date are excluded from the continuous-session calculations in subsection (b).
the actual law source: uscode.house.gov ↗public domain
(a) Transmission to Congress

The Commission shall transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any regulation promulgated by the Commission under section 1261(q)(1) of this title or subsection (e) of section 1262 of this title.

(b) Disapproval by concurrent resolution

Any regulation specified in subsection (a) shall not take effect if—

(1)

within the ninety calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, both Houses of the Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): “That the Congress disapproves the regulation which was promulgated under the Federal Hazardous Substances Act by the Consumer Product Safety Commission with respect to          and which was transmitted to the Congress on            and disapproves the regulation for the following reasons:           .”; or

(2)

within the sixty calendar days of continuous session of the Congress which occur after the date of the promulgation of such regulation, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not disapproved by such other House within the thirty calendar days of continuous session of the Congress which occur after the date of such transmittal.

(c) Presumptions from Congressional action or inaction

Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the regulation involved, and shall not be construed to create any presumption of validity with respect to such regulation.

(d) Continuous session of Congress

For purposes of this section—

(1)

continuity of session is broken only by an adjournment of the 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 the periods of continuous session of the Congress specified in subsection (b).

Source credit: (Pub. L. 86–613, § 21, as added Pub. L. 97–35, title XII, § 1207(c), Aug. 13, 1981, 95 Stat. 718; amended Pub. L. 110–314, title II, § 204(b)(4)(H), Aug. 14, 2008, 122 Stat. 3042.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 86-613 · 95 Stat. 718
  • 2008Amended · Pub. L. 110-314 · 122 Stat. 3042

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-613 on 1981-08-13.

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