[20191015]IN10996_重新发布的劳工部规则测试了《国会审查法案》对颁布“基本相同”规则的禁令.pdf

CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTINSIGHTi i Reissued Labor Department Rule Tests Congressional Review Act Ban on Promulgating “Substantially the Same” Rules Maeve P. Carey Specialist in Government Organization and Management Updated October 15, 2019 On October 4, 2019, the Department of Labor (DOL) published a final rule in the Federal Register on the states ability to drug test certain unemployment compensation (UC) applicants. The UC drug testing rule is a reissued version of an Obama Administration rule that was disapproved in the 115th Congress under the Congressional Review Act (CRA; P.L. 115-17). DOL had previously published a proposed version of the rule on November 5, 2018. The rule is set to take effect on November 4, 2019. Notably, this is the first time an agency has reissued a rule after the original version was disapproved under the CRA. No Administration appears to have seriously considered reissuing the one rule that was disapproved prior to the 115th Congress, and none of the other 15 rules that were disapproved in the 115th Congress has been reissued thus far. When a rule is disapproved under the CRA, the rule may not take effect o