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U.S. Code as of:
01/19/04
Section 1204. Congressional veto of flammability regulations
(a) Transmission to Congress
The Consumer Product Safety 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.
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