Congressional Review Act

Definition

The Congressional Review Act (CRA) is a law that allows Congress to review and potentially overturn federal regulations issued by government agencies. It provides a mechanism for Congress to disapprove new rules and regulations through a streamlined process, thereby increasing legislative oversight of agency actions. This act is significant as it establishes a formal procedure for congressional intervention in the regulatory process, promoting accountability and transparency.

5 Must Know Facts For Your Next Test

1. The CRA was enacted in 1996 as part of the Small Business Regulatory Enforcement Fairness Act.
2. Under the CRA, Congress has a limited timeframe of 60 legislative days to introduce a joint resolution of disapproval for a new regulation.
3. If Congress successfully passes a resolution to disapprove a rule, that rule cannot be reissued in substantially the same form without further congressional approval.
4. The CRA only applies to rules that have been submitted to Congress and the Government Accountability Office, which increases the likelihood that they can be reviewed.
5. While the CRA has been used infrequently, it gained attention during certain congressional sessions when several regulations were overturned.

Review Questions

• How does the Congressional Review Act enhance legislative oversight of agency rulemaking?
  • The Congressional Review Act enhances legislative oversight by providing Congress with a structured process to review new federal regulations issued by agencies. It establishes a time limit within which Congress can disapprove a rule, thereby preventing agencies from implementing regulations without legislative accountability. This mechanism allows lawmakers to assert their authority over executive branch actions, ensuring that agency rules align with legislative intent and public interest.
• Discuss the implications of the Congressional Review Act for federal agencies and their regulatory processes.
  • The implications of the Congressional Review Act for federal agencies are significant, as it creates an additional layer of scrutiny for the regulations they issue. Agencies must be mindful that their rules can be overturned by Congress within a limited timeframe, which may lead them to exercise caution in their rulemaking processes. This dynamic encourages agencies to consider congressional priorities and potential opposition when drafting regulations, ultimately shaping the nature of regulatory policymaking in practice.
• Evaluate how the use of the Congressional Review Act has influenced recent regulatory changes and what this means for future agency actions.
  • The use of the Congressional Review Act has influenced recent regulatory changes by allowing Congress to nullify specific rules that may be perceived as overreaching or misaligned with political objectives. Its increasing utilization highlights the ongoing tensions between legislative and executive powers in regulatory matters. For future agency actions, this trend suggests that agencies may need to adopt more collaborative approaches with Congress during rule development to anticipate potential challenges and ensure smoother implementation of their regulations.

Related terms

Federal Register: The Federal Register is the official journal of the federal government where all proposed and final regulations, notices, and executive orders are published.

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.

Administrative Procedure Act: The Administrative Procedure Act governs the process by which federal agencies develop and issue regulations, ensuring public participation and transparency.