The Commission shall 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
1193 of this title.
(b) Disapproval by concurrent resolution
Any regulation specified in subsection (a) of this section 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) 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) of this section.
The Flammable Fabrics Act, referred to in subsec. (b), is act June 30, 1953, ch. 164, 67 Stat. 111, as amended, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
1191 of this title and Tables.
A prior section
1204, act June 30, 1953, ch. 164, § 17, as added Dec. 14, 1967, Pub. L. 90–189, § 10,
81 Stat. 574; amended May 11, 1976, Pub. L. 94–284, § 19,
90 Stat. 514, related to the National Advisory Committee for Flammable Fabrics Act, prior to repeal by Pub. L. 97–35, title XII, § 1205(b),Aug. 13, 1981, 95 Stat. 716, eff. Aug. 13, 1981.
2008—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.
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”.
Section applicable with respect to consumer product safety rules under chapter
47 of this title and regulations under this chapter and chapter
30 of this title promulgated after Aug. 13, 1981, see section 1215 ofPub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section
2052 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.