Other resources that describe bypassing Congress that I know of are cited below.
Congressional Letter to BOP Regarding the CMUs
“Neither underwent the formal review process required by law when they were opened.[iv]”
[iv] For a detailed look at the legal process that was ignored in the creation of the CMUs, read Alia Malek’s article in The Nation, “Gitmo in the Heartland.” Available online.
Then in February 2007 came a stunning revelation: the BOP had not only abandoned the rule-making process; it had apparently bypassed it altogether by opening a prison unit in December 2006 in which all the inmates were subject to communications restrictions almost exactly like those described in the proposed rule.