Congressional Review Act

The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules.  5 U.S.C. §§ 801-08.  Under the CRA, agencies must submit rules to both houses of Congress and to the Government Accountability Office prior to their taking effect, and major rules (such as those for which the economic impact exceeds $100 million) are delayed for 60 days to permit Congressional review.  Congress may pass a joint resolution of disapproval that, if signed by the President, overturns the rule at issue.  Congress has recently considered legislation that would reverse the presumption that rules take effect if not disapproved, providing that all major rules shall have no force or effect until affirmatively approved by a joint resolution of Congress.  Regulations from the Executive in Need of Scrutiny Act of 2011 (“REINS Act”), S. 299, 112th Cong. (2011); H.R. 10, 112th Cong. (2011).

This project studied the CRA and potential improvements to its procedures for Congressional review of agency regulations.  Morton Rosenberg, a former Specialist in American Public Law with the American Law Division of the Congressional Research Service, served as the consultant on the project.

Additional Information

The Committee on Judicial Review discussed the Congressional Review Act project at its September 27, 2011 meeting.  At this meeting, the Committee chose not to proceed with recommendations pertaining to the Congressional Review Act.  To see a recording of the September 27 committee meeting, please visit the Conference’s Livestream Channel.

Committee Documents

Please see below for documents related to the committee’s consideration of the Congressional Review Act project:

Final Submission:
Congressional Review Act Final Report ()
Meeting materials:
Approved Minutes from September 27 Meeting ()
Agenda for September 27 Meeting ()
September 27 Committee Meeting Webcast
Draft report:
Morton Rosenberg's CRA Report ()
Appendix to Rosenberg Report ()
Public Comments:
NRC Staff Comments on Rosenberg Report ()
Sean Croston Comments on Rosenberg Report ()

Contacts

Research Consultant
Morton Rosenberg
mortonrosenberg@comcast.net
(240) 344-2373

Staff Counsel
Stephanie J. Tatham
statham@acus.gov
(202) 480-2089