	Introduction

The Congressional Review Act ("CRA," 5 U.S.C. §§801-808) requires federal agencies to submit all of their final rules to both houses of Congress and the Government Accountability Office (GAO) before they can take effect. The act also establishes a special set of expedited or "fast track" legislative procedures, primarily in the Senate, through which Congress may enact joint resolutions disapproving agencies' final rules. The CRA was initially considered a reassertion of congressional authority over rulemaking agencies, but thus far it has had little direct effect on agency rules. The March 2001 rejection of the ergonomics rule was the result of a specific set of circumstances created by a transition in party control of the presidency. Section 802(e) of the CRA states that the Senate has 60 session days from the date a rule is submitted to Congress or published in the Federal Register to use these expedited procedures and act on a joint resolution of disapproval. Carryover Period

Section 801(d) of the CRA provides that, if Congress adjourns its annual session sine die less than 60 legislative days in the House of Representatives or 60 session days in the Senate after a rule is submitted to it, then the rule is subject, during the following session of Congress, to (1) a new initiation period in both chambers and (2) a new action period in the Senate. For purposes of this new initiation period and Senate action period, a rule originally submitted during the carryover period of the previous session is treated as if it had published in the Federal Register on the 15 th legislative day (House) or session day (Senate) after Congress reconvenes for the next session. Counting backwards from the end of each session, we determined the date after which there were either less than 60 days of session in the Senate or less than 60 legislative days in the House. The median relevant starting point (i.e., half occurring before, half after) for all of these sessions of Congress was June 25. The median starting point during all second sessions was June 9; the median during first sessions was July 19. Any rule that was submitted to Congress after the relevant starting point date in any session since the CRA was enacted in March 1996 would not have had 60 days of session in both houses, and Congress' ability to introduce and act on CRA resolutions of disapproval regarding the rule carried over to the next session of Congress. Final Rules That May Be Issued Late in the Second Session of the 110th Congress

Another way to understand the significance of the starting point dates for CRA carryover periods is to identify some of the rules that may be issued late in the second session of the 110 th Congress (and that therefore may be subject to disapproval during the first session of the 111 th Congress). Potential Effect of Carryover Period on Rules Issued Late in the Second Session of the 110th Congress

The foregoing information suggests the following observations:
Federal departments and agencies are likely to issue a number of significant final rules during the last months of the current Bush Administration, as has been done at the conclusion of most recent presidential administrations.
The Congressional Review Act ("CRA," 5 U.S.C. §§801-808) established a special set of expedited or "fast track" legislative procedures, primarily in the Senate, through which Congress may enact joint resolutions disapproving agencies' final rules. Members of Congress have 60 "days of continuous session" to introduce a resolution of disapproval after a rule has been submitted to Congress or published in the Federal Register, and the Senate has 60 "session days" to use CRA expedited procedures. Although the CRA was considered a reassertion of congressional authority over rulemaking agencies, only one rule has been disapproved using its procedures, and that reversal was the result of a specific set of circumstances created by a transition in party control of the presidency.
The CRA also indicates that if a rule is submitted to Congress less than 60 session days in the Senate or 60 legislative days in the House of Representatives before Congress adjourns a session sine die, then the rule is carried over to the next session of Congress and treated as if it had been submitted to Congress or published in the Federal Register on the 15th legislative day (House) or session day (Senate). This restart of the CRA process in a new session of Congress occurs even if no joint resolution of disapproval had been introduced regarding the rule during the preceding session of Congress.
A review of the House and Senate calendars from the first session of the 100th Congress to the first session of the 110th Congress indicates that the date triggering the carryover provisions of the CRA (i.e., the date after which less than 60 legislative or session days remained in a session) has usually been determined by the House of Representatives, and that the date was almost always earlier in second sessions of Congress (during which congressional elections are held) than in first sessions. The median date after which the "carryover periods" began for all sessions during this period was June 25, and the median for all second sessions was June 9. Since the CRA was enacted in March 1996, the median starting point for these carryover periods during second sessions of Congress has been somewhat earlier—June 7.
At the conclusion of most recent presidential administrations, the volume of agency rulemaking has increased noticeably. In May 2008, the White House Chief of Staff generally required federal agencies to finalize all regulations to be issued during the Bush Administration by November 1, 2008. According to press accounts and other sources, federal agencies are planning to issue a number of significant final rules by the end of 2008. If any of these "midnight rules" are submitted within the "carryover period" of the second session of the 110th Congress, then they will be subject to the carryover provisions of the CRA.
This report will be updated to reflect changes in factual material or other developments.