§ 1204. Congressional veto of flammability regulations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1953

   Pub. L. 97–35 title XII § 1207(d) · 95 Stat. 357

   Enacted · 15 U.S.C. § 1204

   June 30, 1953, ch. 164, § 17, as added Pub. L. 97–35, title XII, § 1207(d), Aug. 13, 1981, 95 Stat. 719

   Source evidence

   Code source credit
   June 30, 1953, ch. 164, § 17, as added Pub. L. 97–35, title XII, § 1207(d), Aug. 13, 1981, 95 Stat. 719

   Enacted provision · exact public law section
   (d) The Flammable Fabrics Act is amended by adding at the end the following new section: Ante, p. 716. “Sec. 17. “congressional veto of flammability regulations (a) The Consumer Product Safety Commission shall 15 USC 1204. transmit to the Secretary of the Senate and the Clerk of the House of Representatives a copy of any flammability regulation promulgated by the Commission under section 4. 15 USC 1193. “(b) 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 flammability regulation which was promulgated under the Flammable Fabrics 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) 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) 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).”.

2. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 204(c)(2)(H) · 122 Stat. 3016

   Substituted · 15 U.S.C. § 1204

   Pub. L. 110–314, § 204(c)(2)(H), which directed substitution of “Commission” for “Consumer Product Safety Commission” in this section, was executed by making the substitution in subsec. (a) before “shall transmit”, but not in subsec. (b)(1), to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 110–314, § 204(c)(2)(H), which directed substitution of “Commission” for “Consumer Product Safety Commission” in this section, was executed by making the substitution in subsec. (a) before “shall transmit”, but not in subsec. (b)(1), to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (H) by striking “Consumer Product Safety Commission” in section 17 (15 U.S.C. 1204) and inserting “Commission”.

3. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 204(c)(2)(C) · 122 Stat. 3016

   Substituted · 15 U.S.C. § 1204(a)

   Pub. L. 110–314, § 204(c)(2)(C), which directed substitution of “Commission” for “Secretary” wherever appearing in the Flammable Fabrics Act, classified to this chapter, was not executed in subsec. (a) of this section, where “Secretary” precedes “of the Senate”, to reflect the probable intent of Congress. Amendment was part of a series of conforming amendments to change references to the “Secretary” of Commerce to “Commission”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–314, § 204(c)(2)(C), which directed substitution of “Commission” for “Secretary” wherever appearing in the Flammable Fabrics Act, classified to this chapter, was not executed in subsec. (a) of this section, where “Secretary” precedes “of the Senate”, to reflect the probable intent of Congress. Amendment was part of a series of conforming amendments to change references to the “Secretary” of Commerce to “Commission”.

   Enacted provision · exact public law section
   (C) by striking “Secretary” each place it appears and inserting “Commission”, except in sections 9 and 14 (15 U.S.C. 1198 and 1201);

3 of 3 references resolved to an enrolled provision