Congressional Review Act
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| Congressional Review Act | |
|---|---|
| Name | Congressional Review Act |
| Enacted by | United States Congress |
| Enacted | 1996 |
| Cite public law | Pub.L. 104–121 |
| Enacted by house | 104th United States Congress |
| Signed by | Bill Clinton |
| Signed date | 1996 |
Congressional Review Act The Congressional Review Act provides a procedure by which the United States Congress may review and overturn rules issued by federal agencies. Enacted during the tenure of the 104th United States Congress and signed by Bill Clinton, the statute created expedited legislative processes and altered regulatory finality by requiring agency submissions to the Government Publishing Office and the Federal Register. The Act has been invoked in partisan contexts, involving actors such as Republican Party (United States), Democratic Party (United States), and executive administrations from Bill Clinton through Joe Biden.
Background and Legislative History
The Act was adopted as part of the Contract with America, advanced by the Republican Party (United States) leadership in the 104th United States Congress and incorporated into the Small Business Regulatory Enforcement Fairness Act of 1996. Sponsors included Phil Gramm and proponents among members of the United States House of Representatives and the United States Senate who sought to increase congressional oversight of regulatory agencies such as the Environmental Protection Agency, the Securities and Exchange Commission, and the Federal Communications Commission. The legislative history reflects debates over authority shared between the United States Congress and executive branch institutions like the Office of Management and Budget and the Administrative Conference of the United States. Early commentary referenced prior oversight mechanisms, including the Paperwork Reduction Act and legislative veto precedents examined in Immigration and Naturalization Service v. Chadha.
Provisions and Mechanism
The statute requires agencies to submit final rules to the Government Accountability Office and the Library of Congress (Congressional Research Service), and mandates a 60-session-day window during which Congress may pass a joint resolution of disapproval. The process employs procedures under the United States Senate and the United States House of Representatives for expedited consideration, with special role for the Senate Majority Leader and provisions preventing filibuster on disapproval resolutions under Senate precedents influenced by decisions of the Senate Parliamentarian. If Congress enacts a joint resolution and the President of the United States signs it—or if Congress overrides a presidential veto—the rule is invalidated and the affected agency is barred from reissuing a substantially similar rule absent subsequent statutory authorization from bodies such as the United States Congress.
Implementation and Use
Agencies impacted include the Environmental Protection Agency, the Department of Labor, the Internal Revenue Service, and the Federal Communications Commission, among others. Use of the Act surged after the 2016 United States presidential election when the 115th United States Congress and Donald Trump administration leveraged the mechanism to rescind multiple rules from the Obama administration. The procedural timeline involves submission to the Federal Register, review by the Government Accountability Office, and floor action coordinated by party leadership in the United States Senate and the United States House of Representatives. Stakeholders engaging the process have included industry groups like the U.S. Chamber of Commerce, labor unions such as the AFL–CIO, and advocacy organizations like the Sierra Club.
Legal Challenges and Supreme Court Decisions
Judicial contests have addressed issues of severability, retroactivity, and the scope of what constitutes a "rule" eligible for disapproval. Courts of Appeals and the Supreme Court of the United States have been asked to interpret the statute in cases implicating agencies including the Federal Communications Commission and the Consumer Financial Protection Bureau. Key precedents affecting administrative law, cited in disputes over the Act, include Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., United States v. Mead Corp., and INS v. Chadha as they relate to congressional oversight and the nondelegation doctrine. Litigation has involved parties such as State of Texas and State of New York in multi-state challenges to agency action subject to CRA scrutiny.
Impact and Criticisms
Supporters argued the Act restores democratic accountability by permitting elected representatives to reverse regulatory actions from independent and executive agencies, often invoking examples involving the Securities and Exchange Commission and the Environmental Protection Agency. Critics contended the statute undermines agency expertise and long-term policy stability, pointing to conflicts with administrative independence exemplified by disputes over the Consumer Financial Protection Bureau and the Federal Energy Regulatory Commission. Scholars from institutions like Harvard Law School, Yale Law School, and the Brookings Institution have debated effects on rulemaking, regulatory certainty, and separation of powers. Observers noted partisan use and potential chilling effects on future rulemaking.
Notable Rescissions and Case Studies
Prominent rescissions under the mechanism during the 115th United States Congress included actions targeting rules from the Department of Labor related to fiduciary duty, the Environmental Protection Agency's Waters of the United States rule, and the Federal Communications Commission's net neutrality protections. Other case studies involve congressional attempts to disapprove rules from the National Labor Relations Board and the Department of Health and Human Services. Outcomes varied: some rules were permanently repealed, while others prompted litigation or administrative revision. The CRA has also been invoked in state-led challenges brought by entities such as the State of California.