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54 U.S.C. § 307102 — Effective date of regulations

submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 337 words · no verdicts yet

in plain englishAI-generated · not legal advice

A final Secretary regulation cannot take effect until 30 days after Federal Register publication while one or both Houses of Congress are in session. Both Houses can prevent it from taking effect within 90 days of continuous session by adopting a concurrent resolution of disapproval. If Congress does not act as specified, the regulation may take effect under the rules in this section.

(a) Publication in Federal Register. A final regulation from the Secretary cannot take effect until at least 30 calendar days have passed since it was published in the Federal Register, counting only days when one or both Houses of Congress are in session.

(b) Disapproval of Regulation by Resolution of Congress. The regulation won't take effect if, within 90 calendar days of continuous congressional session after it was issued, both Houses of Congress pass a concurrent resolution disapproving it, using the specific wording set out in this subsection.

(c) Failure of Congress To Adopt Resolution of Disapproval of Regulation. If 60 calendar days of continuous session pass after the regulation is issued, and no committee in either House has reported out or been discharged from a disapproval resolution, and neither House has passed one, the regulation can take effect right away. But if a committee did report out or get discharged from such a resolution within those 60 days, the regulation can't take effect until at least 90 calendar days of continuous session have passed, unless Congress disapproves it by then.

(d) Sessions of Congress. For counting these deadlines: (1) a session only breaks when Congress adjourns "sine die" (with no set return date); and (2) days when either House isn't in session because of an adjournment of more than 3 days to a fixed date don't count toward the 60- or 90-day totals.

(e) Congressional Inaction or Rejection of Resolution of Disapproval Not Deemed Approval of Regulation. If Congress does nothing, or votes down a disapproval resolution, that is not treated as Congress approving the regulation.

the actual law source: uscode.house.gov ↗public domain
(a)Publication in Federal Register.—

No final regulation of the Secretary shall become effective prior to the expiration of 30 calendar days after it is published in the Federal Register during which either or both Houses of Congress are in session.

(b)Disapproval of Regulation by Resolution of Congress.—

The regulation shall not become effective if, within 90 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 regulation promulgated by the Secretary dealing with the matter of         , which regulation was transmitted to Congress on         ,” the blank spaces in the resolution being appropriately filled.

(c)Failure of Congress To Adopt Resolution of Disapproval of Regulation.—

If at the end of 60 calendar days of continuous session of Congress after the date of promulgation of a regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the regulation, and neither House has adopted such a resolution, the regulation may go into effect immediately. If, within the 60 calendar days, a committee has reported or been discharged from further consideration of such a resolution, the regulation may go into effect not sooner than 90 calendar days of continuous session of Congress after its promulgation unless disapproved as provided for.

(d)Sessions of Congress.—

For purposes of this section—

(1)

continuity of session is broken only by an adjournment sine die; and

(2)

the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of 60 and 90 calendar days of continuous session of Congress.

(e)Congressional Inaction or Rejection of Resolution of Disapproval Not Deemed Approval of Regulation.—

Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of the regulation.

Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3231.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-287 · 128 Stat. 3231

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.

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