Congressional Review Act

Definition

The Congressional Review Act (CRA) is a federal law that allows Congress to review and potentially reject regulations created by federal agencies. It establishes a process for Congress to disapprove new rules or regulations within a specific timeframe, typically 60 days, allowing for greater oversight of the rulemaking process and aiming to limit the authority of agencies in creating binding regulations.

5 Must Know Facts For Your Next Test

1. The Congressional Review Act was enacted in 1996 as part of the Small Business Regulatory Enforcement Fairness Act, aiming to provide Congress with a mechanism to oversee agency rulemaking.
2. Under the CRA, Congress has the ability to disapprove rules using a simple majority vote in both the House of Representatives and the Senate.
3. The CRA includes a special expedited process for considering resolutions of disapproval, which limits debate and amendments to these resolutions.
4. If a resolution of disapproval is passed by Congress and signed by the President, the regulation is overturned and cannot be reissued in substantially the same form.
5. The CRA has been utilized more frequently in recent years, particularly during shifts in political control of Congress, impacting the regulatory landscape significantly.

Review Questions

• How does the Congressional Review Act enhance congressional oversight of federal agency regulations?
  • The Congressional Review Act enhances congressional oversight by providing a structured process for Congress to review and potentially disapprove regulations established by federal agencies. It allows Congress to take action within a specific timeframe after a regulation is issued, ensuring that elected representatives can challenge rules that they find inappropriate or excessive. This mechanism strengthens the checks and balances between legislative and executive branches by holding agencies accountable for their regulatory actions.
• Discuss the implications of the Congressional Review Act on the rulemaking process and agency authority.
  • The Congressional Review Act has significant implications for both the rulemaking process and agency authority. By allowing Congress to disapprove regulations quickly, it limits the ability of agencies to implement rules without legislative oversight. This can lead to more cautious rulemaking by agencies, knowing that their decisions could be challenged. Furthermore, it can create an environment where political considerations heavily influence regulatory actions, as agencies may align their rules with current congressional priorities to avoid disapproval.
• Evaluate how the use of the Congressional Review Act has changed in recent years and its impact on regulatory policy in the United States.
  • In recent years, the use of the Congressional Review Act has seen a resurgence, especially following changes in political control within Congress. This shift has led to increased scrutiny of agency regulations, resulting in multiple high-profile disapprovals. The impact on regulatory policy has been significant; as newly elected majorities utilize the CRA to overturn previous administrations' rules, it creates an unstable regulatory environment. This volatility can deter agencies from implementing ambitious regulations and may shift regulatory focus based on which party is in power, leading to cyclical changes that affect various sectors.

Related terms

Regulation: A rule or directive made and maintained by an authority, often a government agency, that governs conduct within its jurisdiction.

Rulemaking: The process by which federal agencies create regulations through procedures established by the Administrative Procedure Act, including notice-and-comment periods.

Administrative Procedure Act: A law that governs the way federal administrative agencies may propose and establish regulations, ensuring public participation in the rulemaking process.