In 1996 Congress enacted a new procedure under which all Federal agencies are required to submit each "rule" to both Houses of Congress and to the General Accounting Office before it can take effect. Because "rule" is broadly defined, a large number of documents are sent to Congress by the agencies every day.

Under this procedure (see 5 U.S.C. §§ 801-808), a "major" rule's effective date is automatically stayed for 60 days while Congress reviews it. The Act also contains a procedure for expedited review by Congress when a Member introduces a "resolution of disapproval." If such a resolution is passed by both Houses of Congress and is signed by the President (or enacted over his veto), then the rule becomes null and void. Nor may a similar rule be issued by the agency unless authorized by a subsequent law.

Because the process requires both Congressional and Presidential approval (or a veto override) it is likely to be used infrequently. The only successful application of this law since 1996 was the "veto" of the Clinton Administration's OSHA "ergonomics" rule, which was issued in late 2000 but was overturned at the beginning of the Bush Administration. Nevertheless agencies must be attentive to its implications and to its procedural requirements.