CRA Tracker: Recent Trends in Congressional Review Act American Action Forum h3 Note: do not need h4 Change h4 into html h3 tag and h4 into html h4 tag
CRA Tracker: Congressional Review Act in Recent Years
The Congressional Review Act (CRA) has been a significant legislative tool in recent years, allowing Congress to overturn federal regulations issued by government agencies. Enacted in 1996, the CRA provides a streamlined process for Congress to review and potentially nullify regulations, requiring only a simple majority in both houses and the President’s signature.
Overview of the Congressional Review Act
The CRA was designed to increase legislative oversight of federal regulations. Under the act, once a federal agency finalizes a rule, it must be submitted to both houses of Congress and the Government Accountability Office (GAO). Congress then has 60 legislative days to review the rule and, if desired, pass a joint resolution of disapproval. If the resolution is signed by the President, the rule is voided, and the agency is barred from issuing a similar rule in the future unless explicitly authorized by new legislation.
Recent Utilization of the CRA
The use of the CRA has varied over the years, with notable spikes during changes in administration. For instance, the CRA was employed extensively in 2017 following the inauguration of President Donald Trump. During that year, Congress and the President used the CRA to repeal 16 regulations enacted during the final months of the Obama administration. This marked a significant use of the CRA, as it had been successfully used only once before that period.
In contrast, the early years of the Biden administration saw fewer CRA resolutions passed, reflecting the political alignment between Congress and the executive branch. However, the CRA remains a potent tool for reversing regulations when there is a change in partisan control of the presidency or Congress.
Implications of CRA Usage
The utilization of the Congressional Review Act has significant implications. On one hand, it offers a mechanism for ensuring democratic accountability over the regulatory state, allowing elected representatives to have the final say on substantial regulatory actions. On the other hand, critics argue that the CRA can undermine long-term regulatory stability and create uncertainty for businesses and agencies alike.
Furthermore, the prohibition against reissuing a disapproved rule in a “substantially the same” form places limitations on agencies’ future regulatory actions. This restriction can complicate efforts to address regulatory issues that may require nuanced or iterative rulemaking.
Looking Ahead
As the political landscape continues to evolve, the CRA will likely remain a critical tool for both parties to navigate the complexities of regulatory governance. Future administrations may leverage the act to swiftly undo their predecessors’ regulatory policies, especially during periods of unified government. However, as regulatory challenges grow more complex, finding a balance between oversight and effective governance will be an ongoing challenge.
In conclusion, the Congressional Review Act has played a pivotal role in shaping regulatory policy in recent years. Its use reflects broader trends in political and legislative dynamics, and its impact will continue to be felt as Congress and the President engage in the intricate dance of shaping the nation’s regulatory framework.