[20190205]IF11096_国会审查法案：定义“规则”并推翻机构未向国会提交的规则.pdf

https:/crsreports.congress.gov February 5, 2019The Congressional Review Act: Defining a “Rule” and Overturning a Rule an Agency Did Not Submit to CongressThe Congressional Review Act (CRA) provides Congress with a mechanism to review federal agency actions that meet its definition of rule. Enacted in 1996 as part of the Small Business Regulatory Enforcement Fairness Act, the CRA requires agencies to report the issuance of “rules” to Congress and provides Congress with special fast-track procedures under which to consider legislation that overturns a rule. A joint resolution of disapproval will become effective once both houses of Congress pass a joint resolution and it is signed by the President or if Congress overrides the Presidents veto. The category of rules the CRA covers is broader than the category of rules that are subject to the Administrative Procedure Acts (APA) notice-and-comment requirements for federal rulemaking. As such, some agency actions, such as guidance documents, that may not be subject to notice-and-comment rulemaking procedures could still be considered rules under the CRA and thus could be subject to the CRAs fast-track disapproval procedures. Even if an a