Congressional Review Act

Definition

The Congressional Review Act (CRA) is a law that allows Congress to review and potentially reject federal agency regulations within a specified time frame. This act provides Congress with a mechanism to exercise oversight over administrative rules and has a significant impact on how regulations are implemented, especially in the context of regulatory transparency and accountability.

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.
2. Under the CRA, Congress has 60 legislative days to review new regulations issued by federal agencies before they take effect.
3. If Congress disapproves a regulation under the CRA, it can pass a joint resolution of disapproval that, if signed by the president, prevents the regulation from being implemented.
4. The CRA allows for expedited procedures in the Senate for considering disapproval resolutions, making it easier for Congress to reject regulations.
5. Since its enactment, the CRA has been used successfully to overturn several regulations, particularly during changes in presidential administrations.

Review Questions

• How does the Congressional Review Act empower Congress in relation to federal agency regulations?
  • The Congressional Review Act empowers Congress by providing it with the authority to review and reject federal agency regulations within a specific time frame. This act ensures that Congress can exercise oversight over administrative actions and maintain accountability for regulatory measures. By allowing Congress to disapprove regulations through a joint resolution, the CRA enhances legislative control over the regulatory process and promotes transparency in governance.
• Evaluate the significance of the expedited procedures established by the CRA for disapproving regulations in the Senate.
  • The expedited procedures established by the Congressional Review Act are significant because they streamline the process for considering disapproval resolutions in the Senate. This allows Congress to act quickly on regulations that may be deemed unnecessary or overly burdensome, thereby facilitating legislative oversight of federal agencies. By reducing potential delays and procedural hurdles, these expedited procedures enhance Congress's ability to influence regulatory policy and respond swiftly to changing circumstances.
• Assess the overall impact of the Congressional Review Act on regulatory policy and congressional oversight since its implementation.
  • Since its implementation, the Congressional Review Act has had a notable impact on regulatory policy and congressional oversight. It has provided Congress with a formal mechanism to challenge and overturn regulations that they find problematic or misaligned with their priorities. The CRA has been particularly effective during transitions between different presidential administrations, allowing incoming lawmakers to reshape regulatory frameworks. This dynamic has led to fluctuations in regulatory enforcement and highlights the ongoing tug-of-war between legislative authority and executive agency discretion in shaping public policy.

Related terms

Federal Register: The Federal Register is the official journal of the U.S. government that contains all proposed and final regulations, legal notices, and executive orders, serving as the primary source for regulatory information.

Administrative Procedure Act: The Administrative Procedure Act (APA) is a federal statute that governs the process by which federal agencies develop and issue regulations, outlining the procedures for public participation and ensuring transparency.

Regulatory Flexibility Act: The Regulatory Flexibility Act requires federal agencies to assess the impact of their regulations on small businesses and consider less burdensome alternatives.