Title 15 — Commerce and Trade
Chapter 30 — Hazardous Substances
§ 1276. Congressional veto of hazardous substances regulations
Statutory text
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.
Disapproval by concurrent resolution
Any regulation specified in subsection (a) shall not take effect if—
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
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.
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.
Continuous session of Congress
For purposes of this section—
continuity of session is broken only by an adjournment of the Congress sine die; and
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).
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.
Federal Hazardous Substances Labeling Act
Pub. L. 86–613 § 21 · 74 Stat. 372
Enacted · 15 U.S.C. § 1276
Pub. L. 86–613, § 21, as added Pub. L. 97–35, title XII, § 1207(c), Aug. 13, 1981, 95 Stat. 718
Source evidence
Code source credit
Pub. L. 86–613, § 21, as added Pub. L. 97–35, title XII, § 1207(c), Aug. 13, 1981, 95 Stat. 718Consumer Product Safety Improvement Act of 2008
Pub. L. 110–314 title II § 204(b)(4)(H) · 122 Stat. 3016
Substituted · 15 U.S.C. § 1276
Pub. L. 110–314, which directed the 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, which directed the 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” each place it appears and inserting “Commission”;
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Federal Hazardous Substances Act, referred to in subsec. (b), is Pub. L. 86–613, , 74 Stat. 372, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables.
Amendments
2008—Pub. L. 110–314, which directed the 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.
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to consumer product safety rules under chapter 47 of this title and regulations under this chapter and chapter 25 of this title promulgated after , see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 2052 of this title.
Credits
1981–2008 · 2 acts
- 1981Pub. L. 86–613, § 21, as added Pub. L. 97–35, title XII, § 1207(c), , 95 Stat. 718
- 2008amended Pub. L. 110–314, title II, § 204(b)(4)(H), , 122 Stat. 3042.
Show as published
(Pub. L. 86–613, § 21, as added Pub. L. 97–35, title XII, § 1207(c), , 95 Stat. 718; amended Pub. L. 110–314, title II, § 204(b)(4)(H), , 122 Stat. 3042.)