Congressional Review of EPA’s Mercury Rule Page: 3 of 6
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CRS-3
Effect of the Congressional Review Act3
The Congressional Review Act, enacted in 1996,4 establishes special congressional
procedures for disapproving a broad range of regulatory rules issued by federal agencies.
Before any rule covered by the act can take effect, the federal agency that promulgates the
rule must submit it to Congress. If Congress passes a joint resolution disapproving the
rule, it would becomes law unless Congress sustained a presidential veto. If the resolution
became law, the rule could not take effect or continue in effect, and the agency would be
barred from reissuing it or any substantially similar rule, except under authority of a
subsequently enacted law.5 Pending action on a disapproval resolution, the rule may go
into effect, unless it is a "major rule," in which case a delay period of 60 calendar days
applies, unless waived by the President or issuing agency. The March 29 mercury rule has
not been categorized as a "major rule," and thus is currently in effect, pending any action
on a disapproval resolution.
The Congressional Review Act provides that a disapproval resolution may be
introduced in each chamber within 60 days (excluding recesses of either house) after the
receipt by Congress of the rule to be disapproved. The rule in question was received by
the Senate on April 4, and by the House on April 21. Both S.J.Res. 20 and H.J.Res. 56
were submitted within the requisite 60-day period, which began on the latter date.
Pursuant to the act, a disapproval resolution is referred in each chamber to the appropriate
committee of jurisdiction. S.J.Res. 20 was referred to the Senate Committee on
Environment and Public Works, and H.J.Res. 56 to the House Committee on Energy and
Commerce.
The act provides an expedited procedure for initial floor consideration of a
disapproval resolution only in the Senate. 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, beginning 20 calendar days after Congress
receives the rule, if the committee to which a disapproval resolution has been referred has
not reported it, the panel may be discharged if 30 Senators submit a petition for the
purpose, and the resolution is then placed on the Calendar. On July 18, 2005, 32 Senators
submitted a petition discharging the Environment and Public Works Committee from
further consideration of the mercury resolution.
3 The next four sections of this report, discussing the effect of the Congressional Review Act,
the procedures under which a disapproval resolution is taken up in the Senate, floor consideration
in the Senate, and final congressional action, are adapted from CRS Report RL31160,
Disapproval of Regulations by Congress: Procedure Under the Congressional Review Act.
Additional discussion of the form of disapproval resolutions, statutory time frames, other
elements of the expedited procedures, and limitations of the expedited procedures can be found
in that report.
4 Subtitle E ("Congressional Review") of the Small Business Regulatory Enforcement Fairness
Act of 1996, Title II of the Contract with America Advancement Act of 1996, P.L. 104-121, 110
Stat. 847 at 868-874, codified at Title 5 U.S.C. Sections 801-808. The congressional disapproval
procedure is contained in Section 802.
s 5 U.S.C. Section 801(b).
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McCarthy, James E. & Beth, Richard S. Congressional Review of EPA’s Mercury Rule, report, July 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc822297/m1/3/: accessed May 31, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.