Congressional Review Act
Encyclopedia
The Congressional Review Act , was enacted by the United States Congress
as section 251 of the Contract with America Advancement Act of 1996 , also known as the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). The law allows Congress to review, by means of an expedited legislative process, new federal regulations issued by the government agencies and, by passage of a joint resolution, to overrule a regulation.
The law requires that any agency promulgating a covered rule must submit a report to each House of Congress and to the Comptroller General
that contains a copy of the rule, a concise general statement describing the rule (including whether it is a major rule), and the proposed effective date of the rule. A covered rule cannot take effect if the report
is not submitted.
business are in order, and so the Senate may pass the joint resolution with a simple majority.
relating to ergonomics
(became on March 20, 2001);, 108th Congress (2003), disapproving the rule submitted by the Federal Communications Commission
with respect to broadcast media ownership (passed Senate 55-40 on September 16, 2003; not acted on by the House);, 109th Congress (2005), providing for congressional disapproval of the rule submitted by the Department of Agriculture
relating to risk zones for introduction of bovine spongiform encephalopathy
(passed Senate 52-46 on March 3, 2005; not acted on by House);, 109th Congress (2005), disapproving a rule promulgated by the Administrator of the Environmental Protection Agency
to delist coal and oil-direct utility units from the source category list under the Clean Air Act
(failed in Senate 47-51 on September 13, 2005);, 111th Congress (2010), disapproval of the rule submitted by the National Mediation Board
relating to representation election procedures (motion to proceed not agreed to in the Senate 43-56 on September 23, 2010);, 111th Congress (2010), providing for congressional disapproval of the rule relating to status as a grandfathered health plan under the Patient Protection and Affordable Care Act
(motion to proceed not agreed to in the Senate 40-59 on September 29, 2010).
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
as section 251 of the Contract with America Advancement Act of 1996 , also known as the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). The law allows Congress to review, by means of an expedited legislative process, new federal regulations issued by the government agencies and, by passage of a joint resolution, to overrule a regulation.
The law requires that any agency promulgating a covered rule must submit a report to each House of Congress and to the Comptroller General
Comptroller General of the United States
The Comptroller General of the United States is the director of the Government Accountability Office , a legislative branch agency established by Congress in 1921 to ensure the fiscal and managerial accountability of the federal government...
that contains a copy of the rule, a concise general statement describing the rule (including whether it is a major rule), and the proposed effective date of the rule. A covered rule cannot take effect if the report
is not submitted.
Procedure
The law provides a procedure for expedited consideration in the Senate. If the committee to which a joint resolution is referred has not reported it out within 20 calendar days after referral, it may be discharged from further consideration by a written petition of 30 Members of the Senate, at which point the measure is placed on the calendar, and it is in order at any time for a Senator to move to proceed to the joint resolution. If the Senate agrees to the motion to proceed, debate on the floor is limited to 10 hours and no amendments to the resolution or motions to proceed to otherbusiness are in order, and so the Senate may pass the joint resolution with a simple majority.
Examples of joint resolutions
Joint resolutions of disapproval have included:, 107th Congress (2001), providing for congressional disapproval of the rule submitted by the Department of LaborUnited States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
relating to ergonomics
Ergonomics
Ergonomics is the study of designing equipment and devices that fit the human body, its movements, and its cognitive abilities.The International Ergonomics Association defines ergonomics as follows:...
(became on March 20, 2001);, 108th Congress (2003), disapproving the rule submitted by the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
with respect to broadcast media ownership (passed Senate 55-40 on September 16, 2003; not acted on by the House);, 109th Congress (2005), providing for congressional disapproval of the rule submitted by the Department of Agriculture
United States Department of Agriculture
The United States Department of Agriculture is the United States federal executive department responsible for developing and executing U.S. federal government policy on farming, agriculture, and food...
relating to risk zones for introduction of bovine spongiform encephalopathy
Bovine spongiform encephalopathy
Bovine spongiform encephalopathy , commonly known as mad-cow disease, is a fatal neurodegenerative disease in cattle that causes a spongy degeneration in the brain and spinal cord. BSE has a long incubation period, about 30 months to 8 years, usually affecting adult cattle at a peak age onset of...
(passed Senate 52-46 on March 3, 2005; not acted on by House);, 109th Congress (2005), disapproving a rule promulgated by the Administrator of the Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
to delist coal and oil-direct utility units from the source category list under the Clean Air Act
Clean Air Act (United States)
The Clean Air Act is a United States federal law enacted by Congress, and signed by President Richard Nixon on December 31, 1970 to control air pollution on a national level. It requires the Environmental Protection Agency to develop and enforce regulations to protect the general public from...
(failed in Senate 47-51 on September 13, 2005);, 111th Congress (2010), disapproval of the rule submitted by the National Mediation Board
National Mediation Board
The National Mediation Board is an independent agency of the United States government that coordinates labor-management relations within the U.S...
relating to representation election procedures (motion to proceed not agreed to in the Senate 43-56 on September 23, 2010);, 111th Congress (2010), providing for congressional disapproval of the rule relating to status as a grandfathered health plan under the Patient Protection and Affordable Care Act
Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law is the principal health care reform legislation of the 111th United States Congress...
(motion to proceed not agreed to in the Senate 40-59 on September 29, 2010).
Further reading
- Richard S. Beth. The Congressional Review Act and Possible Consolidation into a Single Measure of Resolutions Disapproving Regulations. Washington, D.C.: Congressional Research ServiceCongressional Research ServiceThe Congressional Research Service , known as "Congress's think tank", is the public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works exclusively and directly for Members of Congress, their Committees and staff on a...
, 2009. - Daniel Cohen and Peter L. StraussPeter L. StraussProfessor Peter L. Strauss is the Betts Professor of Law at Columbia Law School. He joined the faculty in 1971. He teaches courses in Administrative Law, Legal Methods, and Legislation, and the Regulatory State....
. "Congressional Review of Agency Regulations." Administrative Law ReviewAdministrative Law ReviewThe Administrative Law Review was established in 1948 and is the official law journal of the American Bar Association Section of Administrative Law & Regulatory Practice.-Overview:...
. 49 (Winter 1997):95. - Curtis W. Copeland. Congressional Review Act: Disapproval of Rules in a Subsequent Session of Congress. Washington, D.C.: Congressional Research Service, 2008.
- Curtis W. Copeland. Congressional Review Act: Rules Not Submitted to GAO and Congress. Washington, D.C.: Congressional Research Service, 2009.
- Morton Rosenberg. Congressional Review of Agency Rulemaking: An Update and Assessment of The Congressional Review Act after a Decade. Washington, D.C.: Congressional Research Service, 2008.
- "The Mysteries of the Congressional Review Act." Harvard Law ReviewHarvard Law ReviewThe Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...
. 122 (2009):2162.