94 STAT. 3196
PUBLIC LAW 96-539—DEC. 17, 1980 "(C) For the purposes of subparagraphs (A) and (B) of this paragraph— "(i) contmuity of session is broken only by an adjournment of Congress sine die; and "(ii) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of 60 and 90 calendar days of continuous session of Congress. "(D) EFFECT OF CONGRESSIONAL INACTION.—O)ngressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of such rule. "(E) JUDICIAL REVIEW.—
"(i) Any interested party, including any person who participated in the rulemaking involved, may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this paragraph. The district court immediately shall certify all questions of the constitutionality of this paragraph to the United States court of appeals for the circuit involv^, which shall hear the matter sitting en banc. "(ii) Notwithstanding any other provision of law, any decision on a matter certified under clause (i) of this subparagraph shall be reviewable by appeal directly to the Supreme Court of the United States. Such appeal shall be brought not later than 20 days after the decision of the court of appeals. "(iii) It shall be the duty of the court of appeals and of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under clause (i) of this subparagraph.". Approved December 17, 1980.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-1020 (Comm. on Agriculture) and No. 96-1480 (Comm. of Conference). SENATE REPORT No. 96-764 accompanying S. 2587 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 126 (1980): June 17, considered and failed of passage in House. June 24, considered and passed House. July 24, S. 2587 passed Senate; passage vacated and H.R. 7018, amended, passed in lieu. Dec. 1, Senate agreed to conference report. Dec. 4, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 51: Dec. 17, Presidential statement.
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