Congressional Review Act

Definition

The Congressional Review Act (CRA) is a law enacted in 1996 that allows Congress to review and potentially reject new federal regulations issued by government agencies. It establishes a procedure for Congress to disapprove of regulations through a simple resolution, enabling a streamlined process for oversight of executive agency actions and reinforcing legislative authority over regulatory practices.

5 Must Know Facts For Your Next Test

1. The CRA allows Congress to disapprove a regulation within 60 legislative days after it is submitted to Congress by an agency.
2. If Congress passes a disapproval resolution under the CRA, the regulation cannot be reissued in substantially the same form without further Congressional approval.
3. The CRA has been used more frequently in recent years as a tool for newly elected congressional majorities to reverse regulations from previous administrations.
4. A key feature of the CRA is that it limits judicial review of Congress's disapproval resolutions, making it harder for courts to intervene in this legislative process.
5. The CRA is part of a broader effort to increase accountability and oversight over the regulatory actions of federal agencies.

Review Questions

• How does the Congressional Review Act empower Congress in its relationship with executive agencies?
  • The Congressional Review Act empowers Congress by giving it the authority to review and reject new federal regulations issued by executive agencies. Through a straightforward process, Congress can pass a resolution of disapproval within 60 legislative days after a regulation is submitted. This power reinforces the legislative branch's role in overseeing regulatory actions, ensuring that executive decisions align with congressional intent and public interest.
• Discuss the implications of the Congressional Review Act on the regulatory landscape and its potential effects on agency rulemaking.
  • The Congressional Review Act has significant implications for the regulatory landscape as it enables Congress to easily reverse regulations established by federal agencies. This creates an environment where agencies may be more cautious in their rulemaking, knowing that their regulations could face swift disapproval from Congress. The act can also lead to regulatory uncertainty, as frequent changes in administration can result in rapid shifts in policy direction based on which party controls Congress, potentially affecting long-term planning for businesses and stakeholders.
• Evaluate the effectiveness of the Congressional Review Act as a mechanism for congressional oversight and its role in shaping regulatory policy.
  • The effectiveness of the Congressional Review Act as a mechanism for oversight can be seen through its ability to allow Congress to assert its authority over executive regulatory actions. However, its true impact hinges on political dynamics, as its use often correlates with shifts in congressional control. While it can serve as a powerful tool for reversing unpopular regulations, critics argue that reliance on the CRA could lead to a cycle of instability in regulatory policy. Evaluating its role involves considering how it balances agency expertise against democratic accountability and whether it adequately serves public interest amid changing political landscapes.

Related terms

Regulatory Flexibility Act: A law designed to reduce the regulatory burden on small businesses by requiring federal agencies to consider the impact of their regulations on small entities.

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

Legislative Veto: A provision that allows Congress to overturn executive actions, which was declared unconstitutional by the Supreme Court in 1983 but influenced the creation of the CRA.