	Expedited Procedures of the Congressional Review Act

		Congressional Disapproval of Regulations

The Congressional Review Act, enacted in 1996, establishes special congressional procedures for disapproving a broad range of regulatory rules issued by federal agencies. The Senate may use the expedited procedures to complete initial consideration of a disapproval resolution only during the 60 days of session following congressional receipt of the rule (and, if required, its publication in the Federal Register ). Effect of Sine Die Adjournment

The Congressional Review Act makes special provision for the action period and initiation period if, within 60 days of session after a rule is submitted, Congress adjourns its session sine die. The Congressional Review Act provides that a "major rule" may not take effect until 60 calendar days after the rule has been both published in the Federal Register and submitted to Congress (unless the rule is one for which such publication is not required, in which case the 60 days begins when the rule is simply submitted to Congress). The Act also explicitly provides that if Congress enacts a resolution disapproving a rule that has already taken effect, under any of the circumstances just described, the rule "shall be treated as though [it] had never taken effect." Rejection by Either House. If both houses pass the disapproval resolution and the President vetoes it, the receipt by Congress of the veto message triggers the new waiting period of 30 days of session. If the President then vetoed the disapproval resolution, the rule would presumably be considered to remain in effect pending congressional action on the veto. Unlike some expedited procedure statutes, the Act does not provide that the joint resolution be introduced either automatically, or by specified Members, or at any specified time (except that it must be during the 60-day initiation period if the resolution is to qualify for consideration under the terms of the Act). relating to ergonomics." As described later, for example, the Congressional Review Act prohibits amendment of a disapproval resolution only in the Senate. If 30 Senators submit a petition for the purpose, the measure is automatically discharged and placed on the calendar, from which it may be called up for floor consideration. Taking Up a Disapproval Resolution in the Senate

Under the procedure provided by the Congressional Review Act, once a disapproval resolution is on the calendar in the Senate, a motion to proceed to consider it is in order. Third, Senate debate on the resolution is limited to 10 hours, equally divided between supporters and opponents, so that no filibuster is possible on the resolution itself. This action enables the two houses to proceed, by conference or otherwise, to resolve the differences between these two versions of the same measure. Specifically, the House might likely consider a disapproval resolution pursuant to the terms of a special rule. Yet the overall expedited procedures of the Act do not conclusively ensure:
that substantively similar disapproval resolutions will be submitted in each chamber; that neither house will amend a disapproval resolution in a way that makes it substantively dissimilar from the other, or otherwise ineligible for consideration under the expedited procedures for final action; or that each house will take initial action on a disapproval resolution of its own. Because the Congressional Review Act provides no expedited committee or floor procedure in the House, supporters of the disapproval resolution could not discharge the House committee, or bring the measure to the House floor, except under the general rules, which normally leave control in the hands of the committee and leadership. As long as the resolution had been submitted during the initiation period, and satisfied the description provided in the Act, its enactment would render the disapproved rule without force and effect, and would also prohibit the agency from issuing a "substantially similar" rule without subsequent legislative authority.
The Congressional Review Act of 1996 established expedited (or "fast track") procedures by which Congress may disapprove a broad range of regulatory rules issued by federal agencies by enacting a joint resolution of disapproval. For initial floor consideration, the Act provides an expedited procedure only in the Senate. (The House would likely consider the measure pursuant to a special rule.) The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must be submitted within 60 days after Congress receives the rule, exclusive of recess periods. Pending action on a disapproval resolution, the rule may go into effect, unless it is a "major rule" on which the President or issuing agency does not waive a delay period of 60 calendar days.
If a disapproval resolution is enacted, the rule may not take effect and the agency may issue no substantially similar rule without subsequent statutory authorization. If a rule is disapproved after going into effect, it is "treated as though [it] had never taken effect." If either house rejects a disapproval resolution, the rule may take effect at once. If the President vetoes the resolution, the rule may not take effect for 30 days of session thereafter, unless the House or Senate votes to sustain the veto. If a session of Congress adjourns sine die less than 60 days of session after receiving a rule, the full 60-day periods for action begin anew on the 15th day of session after the next session convenes.
Except for submission of disapproval resolutions and final congressional action thereon, the expedited procedures under the Act apply only to Senate consideration. The House would consider a disapproval resolution under its general procedures, very likely as prescribed by a special rule reported from the Committee on Rules. In the Senate, once the resolution has been before committee for 20 calendar days, the panel is discharged if 30 Senators submit a petition for the purpose. Once the committee has reported or been discharged, a motion to proceed to consider the resolution would in practice be nondebatable, and the Act prohibits various other possible dilatory actions in relation to the motion and the resolution. Floor debate on the resolution is limited to 10 hours, and no amendment is in order.
The Act does not preclude amendment of a disapproval resolution in the House, and means may exist of overcoming the prohibition on amendment in the Senate. For these reasons, and because the initial texts could differ, the resolutions initially adopted by the two houses might not be identical. The Act enables Congress to avoid the need to resolve differences between the two versions by providing that, when either house adopts a disapproval resolution, the other shall first consider its own disapproval resolution and then vote on the resolution received from the first. As long as the substantive effect of both is similar, the difference in text should not affect the ultimate effect of the legislation. If the substantive effects differ, presumably the two measures could not be linked in this way by using the expedited procedures of the Act.