What Is the Effect of Enacting a Congressional Review Act Resolution of Disapproval? [March 3, 2017] [open pdf - 128KB]
"The Congressional Review Act (CRA) provides Congress with a set of special parliamentary procedures to consider legislation to overturn federal regulations. The 115th Congress has taken up several disapproval resolutions thus far, and more are expected in the coming weeks. This has led to questions about the effects of enactment of a CRA disapproval resolution. Enactment of a CRA joint resolution of disapproval has two primary effects-one immediate and one more long-term. The immediate effect is that a rule subject to a disapproval resolution may not go into effect, or, if the rule has already taken effect, it is treated as though it had never taken effect. Second, the agency may not reissue the rule in 'substantially the same form' or issue a 'new rule that is substantially the same' as the disapproved rule, 'unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule.' There is no time limit on this provision; the prohibition on any agency issuing a 'substantially the same' rule without further authorization appears indefinite."
CRS Insight, IN10660
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html