The Congressional Review Act is a law that allows Congress to review and potentially disapprove of federal agency rules and regulations. It provides a process for Congress to review and potentially overturn new regulations issued by the executive branch.
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The Congressional Review Act was enacted in 1996 as part of the Small Business Regulatory Enforcement Fairness Act.
It gives Congress the ability to review new federal regulations and pass a joint resolution of disapproval to nullify a regulation within a specified time frame.
If a joint resolution of disapproval is passed by Congress and signed by the President, the regulation cannot take effect or continue in force.
The Congressional Review Act has been used by Congress to overturn several regulations, particularly during periods of divided government.
The Act is considered an important tool for congressional oversight of the executive branch and the regulatory process.
Review Questions
Explain how the Congressional Review Act relates to the purpose and function of federal bureaucracies.
The Congressional Review Act is an important mechanism that allows Congress to exercise oversight over the activities of federal agencies and the regulations they issue. It gives Congress the power to review new regulations and potentially overturn them, which can impact the ability of bureaucracies to carry out their designated functions and implement policies. This oversight role helps to ensure that federal agencies are accountable to the legislative branch and that their actions align with the intent of Congress.
Describe the process by which the Congressional Review Act can be used to disapprove of a federal agency regulation.
Under the Congressional Review Act, when a federal agency issues a new regulation, it must submit a report to Congress detailing the regulation. Congress then has a specified time frame, typically 60 legislative days, to review the regulation and pass a joint resolution of disapproval. If such a resolution is passed by both chambers of Congress and signed by the President, the regulation is nullified and cannot take effect or continue in force. This process allows Congress to actively participate in the regulatory process and provides a check on the power of federal agencies to implement new rules and regulations.
Analyze the role of the Congressional Review Act in the broader context of congressional oversight of the executive branch and federal bureaucracies.
The Congressional Review Act is a key component of the system of checks and balances between the legislative and executive branches. It empowers Congress to scrutinize the actions of federal agencies and hold them accountable for the regulations they issue. By providing Congress with the ability to overturn agency rules, the Act strengthens legislative oversight and ensures that the bureaucracy's activities align with the will of the elected representatives. This oversight function is crucial in maintaining the balance of power between the branches of government and preventing the unchecked growth of federal regulatory authority. The Act represents an important tool for Congress to assert its constitutional role in the policymaking process and ensure that the executive branch faithfully executes the laws passed by the legislative branch.
Related terms
Federal Agencies: Government organizations that are responsible for implementing and enforcing laws passed by Congress.
Rulemaking Process: The process by which federal agencies develop and issue new regulations to carry out the laws passed by Congress.