Congressional Review Act
| Administrative law of the United States |
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The Congressional Review Act (CRA)[1] is a law that was enacted by the United States Congress as Subtitle E of the Contract with America Advancement Act of 1996 (Pub. L. 104–121 (text) (PDF)) and signed into law by President Bill Clinton on March 29, 1996.[2][3] The law empowers Congress to review, by means of an expedited legislative process, new federal regulations issued by government agencies and, by passage of a joint resolution, to overrule a regulation.[4] Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule" (5 U.S. Code § 801(b)(2)). Congress has a window of time lasting 60 legislative days to disapprove of any given rule by simple-majority vote; otherwise, the rule will go into effect at the end of that period.[5][6]
Prior to 2017, the CRA had been successfully invoked only once to overturn a rule (in 2001).[7] In January 2017, with a new Republican president (Donald Trump), the Republican-controlled 115th Congress began passing a series of disapproval resolutions to overturn a variety of rules issued under the Obama administration. Ultimately, 14 such resolutions repealing Obama administration rules were passed and signed into law; a fifteenth resolution was passed by the House but failed in the Senate. Because of the shortness of legislative sessions during the 114th Congress, the 115th Congress was able to target rules issued by the Obama administration as far back as May 2016.[8] In late 2017 and early 2018 Congress passed two resolutions repealing Consumer Financial Protection Bureau rules made by former President Obama's CFPB Director, Richard Cordray, who did not leave his post until late 2017.
Procedure
[edit]The law states that, as a condition precedent, an 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.[9]
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 within 20 calendar days after the rule is received by Congress and published in the Federal Register, the committee may be discharged from further consideration by a written petition of 30 Senators, when 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.[9] If the Senate agrees to the non-debatable motion to proceed, debate on the floor is limited to up to 10 hours and no amendments to the resolution or motions to proceed to other business are in order. The Senate may then pass the joint resolution with a simple majority.[9] A joint resolution of disapproval meeting certain criteria cannot be filibustered.[10] For a regulation to be invalidated under the CRA, the Congressional resolution of disapproval must be either signed by the President or passed over the President's veto by two thirds of both Houses of Congress.[10][11]
Repeal proposal
[edit]On May 16, 2017, Senators Cory Booker and Tom Udall introduced S. 1140, a bill to repeal the Congressional Review Act; the bill received no action.[12]
Expanded possibilities
[edit]The CRA emerged as an attractive tool in the 115th Congress because it provides one of the few avenues for Senate action that avoids the ordinary 60-vote cloture requirement. As a result, several new theories about how to expand the reach and power of the CRA have been developed.
With regard to previously unsubmitted regulations
[edit]One previously under-appreciated provision of the CRA is its stipulation that rules do not go into effect until after they have been submitted to Congress. Since many rules over the last 20 years have never been submitted to Congress, some legal scholars have proposed that the rules are not actually in effect and may still be eligible to be overturned even if they were passed many years ago. According to the Pacific Legal Foundation (PLF), that could be accomplished in one of three different ways: (1) a rule could be submitted to Congress now by the White House and then repealed by a joint resolution under the CRA, (2) the White House could publish notice that a rule not in effect is being withdrawn or abandoned, or (3) a rule could be thrown out by a court on the grounds that it was never in effect.[7]
A variation on the idea was pursued later in the 115th Congress by Senator Pat Toomey (R-PA), who was looking for additional deregulatory pathways. Toomey has criticized government regulators for "regulat[ing] by guidance rather than through the process they're supposed to use, which is the Administrative Procedure Act" and has argued that an official determination that a particular piece of guidance "rises to the significance of being a rule" would mean that "from that moment the clock starts on the CRA opportunity".[13] Thus, in response to a request from Toomey for a determination on whether a 2013 auto-lending guidance rule issued by the CFPB qualified as a "rule" under the terms of the CRA, the GAO issued an opinion on December 5, 2017, saying that it did, thus launching the 60-day CRA window according to the opinion of the Senate parliamentarian.[13][14] Subsequently, S.J. Res. 57 was introduced on March 22, 2018, to repeal the CFPB rule, an effort that has been described as a "trial balloon" and, if successful, would open the door to a greatly-expanded application of the CRA to various "rules" issued over the last few decades.[13][15] Other possible applications are already being explored, including a 2016 plan from the Bureau of Land Management, which the GAO confirmed was a rule for CRA purposes in response to a request from Senator Lisa Murkowski (R-AK).[13] On the other hand, the success of S.J. Res. 57 could prove to be a Pandora's box, setting a dangerous precedent and calling into question the legitimacy of many other rules in a way could create a climate of uncertainty and jeopardy for those who have been following or relying on them.[13][14] S.J. Res. 57 was signed into law on May 21, 2018.[16]
With regard to preemptive regulations
[edit]Another possible avenue for expanding the power of the CRA concerns its prohibition against any regulation being passed if it is "substantially similar" to one already repealed under the CRA without explicit Congressional approval. Some Republicans have therefore suggested that the Trump administration could preemptively introduce liberal regulations with the intention of having them immediately repealed under the CRA and thereby preventing a future Democratic administration from issuing substantially similar regulations.[17]
Use
[edit]Despite its passage in 1996, the Congressional Review Act was not used to send any resolutions of disapproval to the President's desk during the remainder of the Clinton administration. President George W. Bush signed the only resolution of disapproval sent to him by Congress.[18] Congress passed five resolutions of disapproval during the presidency of Barack Obama, but he vetoed all of them.
In the first four months of his term, President Donald Trump signed 14 resolutions of disapproval into law.[19] At the White House, Andrew Bremberg, Marc Short, and Rick Dearborn coordinated with aides of Senator Mitch McConnell to use the CRA, creating an Excel spreadsheet of target regulations, eventually being able to eliminate over twice as many as they had anticipated.[20] The later enactment, in November 2017, of H.J. Res. 111 was notable for being the first time that a president signed a CRA resolution against a regulation issued during his own administration.[14]
Successful uses
[edit]The following is a complete list of successful uses of the CRA, as of June 30, 2021:
| Public Law | Date Enacted | Resolution | Title | Actions |
|---|---|---|---|---|
| Pub. L. 107–5 (text) (PDF) | March 20, 2001 | S.J.Res. 6 | Providing for congressional disapproval of the rule submitted by the Department of Labor under chapter 8 of title 5, United States Code, relating to ergonomics | passed Senate 56–44 on March 6, 2001 passed House 223–206 on March 7, 2001 signed by Bush on March 20, 2001 |
| Pub. L. 115–4 (text) (PDF) | February 14, 2017 | H.J.Res. 41 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Commission relating to "Disclosure of Payments by Resource Extraction Issuers" | passed House 235–187 on February 1, 2017 passed Senate 52–47 on February 3, 2017 signed by Trump on February 14, 2017 |
| Pub. L. 115–5 (text) (PDF) | February 16, 2017 | H.J.Res. 38 | Disapproving the rule submitted by the Department of the Interior known as the "Stream Protection Rule" | passed House 228–194 on February 1, 2017 passed Senate 54–45 on February 2, 2017 signed by Trump on February 16, 2017 |
| Pub. L. 115–8 (text) (PDF) | February 28, 2017 | H.J.Res. 40 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007 | passed House 235–180 on February 2, 2017 passed Senate 57–43 on February 15, 2017 signed by Trump on February 28, 2017 |
| Pub. L. 115–11 (text) (PDF) | March 27, 2017 | H.J.Res. 37 | Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation | passed House 236–187 on February 2, 2017 passed Senate 49–48 on March 6, 2017 signed by Trump on March 27, 2017 |
| Pub. L. 115–12 (text) (PDF) | March 27, 2017 | H.J.Res. 44 | Disapproving the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976 | passed House 234–186 on February 7, 2017 passed Senate 51–48 on March 7, 2017 signed by Trump on March 27, 2017 |
| Pub. L. 115–13 (text) (PDF) | March 27, 2017 | H.J.Res. 57 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965 | passed House 234–190 on February 7, 2017 passed Senate 50–49 on March 9, 2017 signed by Trump on March 27, 2017 |
| Pub. L. 115–14 (text) (PDF) | March 27, 2017 | H.J.Res. 58 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues | passed House 240–181 on February 7, 2017 passed Senate 59–40 on March 8, 2017 signed by Trump on March 27, 2017 |
| Pub. L. 115–17 (text) (PDF) | March 31, 2017 | H.J.Res. 42 | Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants | passed House 236–189 on February 15, 2017 passed Senate 51–48 on March 14, 2017 signed by Trump on March 31, 2017 |
| Pub. L. 115–20 (text) (PDF) | April 3, 2017 | H.J.Res. 69 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to "Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska" | passed House 225–193 on February 16, 2017 passed Senate 52–47 on March 21, 2017 signed by Trump on April 3, 2017 |
| Pub. L. 115–21 (text) (PDF) | April 3, 2017 | H.J.Res. 83 | Disapproving the rule submitted by the Department of Labor relating to “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” | passed House 231–191 on March 1, 2017 passed Senate 50–48 on March 22, 2017 signed by Trump on April 3, 2017 |
| Pub. L. 115–22 (text) (PDF) | April 3, 2017 | S.J.Res. 34 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services" | passed Senate 50–48 on March 23, 2017 passed House 215–205 on March 28, 2017 signed by Trump on April 3, 2017 |
| Pub. L. 115–23 (text) (PDF) | April 13, 2017 | H.J.Res. 43 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with Title X requirements by project recipients in selecting subrecipients | passed House 230–188 on February 16, 2017 passed Senate 51–50 on March 30, 2017 signed by Trump on April 13, 2017 |
| Pub. L. 115–24 (text) (PDF) | April 13, 2017 | H.J.Res. 67 | Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by qualified State political subdivisions for non-governmental employees | passed House 234–191 on February 15, 2017 passed Senate 50–49 on March 30, 2017 signed by Trump on April 13, 2017 |
| Pub. L. 115–35 (text) (PDF) | May 17, 2017 | H.J.Res. 66 | Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees | passed House 231–193 on February 15, 2017 passed Senate 50–49 on May 3, 2017 signed by Trump on May 17, 2017 |
| Pub. L. 115–74 (text) (PDF) | November 1, 2017 | H.J.Res. 111 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to "Arbitration Agreements" | passed House 231–190 on July 25, 2017 passed Senate 51–50 on October 24, 2017 signed by Trump on November 1, 2017 |
| Pub. L. 115–172 (text) (PDF) | May 21, 2018 | S.J.Res. 57 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to "Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act" | passed Senate 51–47 on April 18, 2018 passed House 234–175–1 on May 8, 2018 signed by Trump on May 21, 2018 |
| Pub. L. 117–22 (text) (PDF) | June 30, 2021 | S.J.Res. 13 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Equal Employment Opportunity Commission relating to "Update of Commission's Conciliation Procedures" | passed Senate 50–48 on May 19, 2021 passed House 219–210 on June 24, 2021 signed by Biden on June 30, 2021 |
| Pub. L. 117–23 (text) (PDF) | June 30, 2021 | S.J.Res. 14 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review" | passed Senate 52–42 on April 28, 2021 passed House 229–191 on June 25, 2021 signed by Biden on June 30, 2021 |
| Pub. L. 117–24 (text) (PDF) | June 30, 2021 | S.J.Res. 15 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Comptroller of Currency relating to "National Banks and Federal Savings Associations as Lenders" | passed Senate 52–47 on May 11, 2021 passed House 218–208 on June 24, 2021 signed by Biden on June 30, 2021 |
Pending
[edit]Awaiting action by the Senate
[edit]The following joint resolutions has been passed by the House of Representatives in the 118th Congress and is awaiting consideration by the Senate.
| Resolution | Title | Actions |
|---|---|---|
| H.J.Res. 88 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program". | passed House 210–189 on December 7, 2023 |
| H.J.Res. 165 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance". | passed House 210–205 on July 11, 2024 |
Awaiting action by the House
[edit]The following joint resolutions have been passed by the Senate in the 118th Congress and are awaiting consideration by the House.
| Resolution | Title | Actions |
|---|---|---|
| S.J.Res. 23 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Marine Fisheries Service relating to "Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat". | passed Senate 51–49 on May 11, 2023 |
| S.J.Res. 18 | Disapproving of the rule submitted by the Department of Homeland Security relating to "Public Charge Ground of Inadmissibility". | passed Senate 50–47 on May 17, 2023 |
| S.J.Res. 62 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Animal and Plant Health Inspection Service relating to "Importation of Fresh Beef From Paraguay". | passed Senate 70–25 on March 21, 2024 |
| S.J.Res. 61 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "National Performance Management Measures; Assessing Performance of the National Highway System, Greenhouse Gas Emissions Measure". | passed Senate 53–47 on April 10, 2024 |
| S.J.Res. 58 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to "Energy Conservation Program: Energy Conservation Standards for Consumer Furnaces". | passed Senate 50–45 on May 21, 2024 |
Unsuccessful attempts
[edit]Vetoed by President
[edit]The following is a complete list of joint resolutions under the Congressional Review Act that were vetoed by the president after having been passed by both houses of Congress and were not able to have the vetos overridden:
| Resolution | Congress | Year | Title | Actions |
|---|---|---|---|---|
| S.J.Res. 8 | 114th Congress | 2015 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures | passed Senate 53–46 on March 4, 2015 passed House 232–186 on March 19, 2015 vetoed by Obama on March 31, 2015 motion to table veto message agreed to in Senate 96–3 on May 5, 2015 |
| S.J.Res. 22 | 114th Congress | 2015 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Army Corps of Engineers and the Environmental Protection Agency relating to the definition of "waters of the United States" under the Federal Water Pollution Control Act | passed Senate 53–44 on November 4, 2015 passed House 253–166 on January 13, 2016 vetoed by Obama on January 20, 2016 cloture on veto override not invoked in Senate 52–40 on January 21, 2016 |
| S.J.Res. 23 | 114th Congress | 2015 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to "Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units" | passed Senate 52–46 on November 17, 2015 passed House 235–188 on December 1, 2015 vetoed by Obama on December 18, 2015 |
| S.J.Res. 24 | 114th Congress | 2015 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units" | passed Senate 52–46 on November 17, 2015 passed House 242–180 on December 1, 2015 vetoed by Obama on December 18, 2015 |
| H.J.Res. 88 | 114th Congress | 2016 | Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary" | passed House 234–183 on April 28, 2016 passed Senate 56–41 on May 24, 2016 vetoed by Obama on June 8, 2016 override vote in House failed 239–180 on June 22, 2016 |
| H.J.Res. 76 | 116th Congress | 2020 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Borrower Defense Institutional Accountability". | passed House 231–180 on January 16, 2020 passed Senate 53–42 on March 11, 2020 vetoed by Trump on May 29, 2020 override vote in House failed 238–173 on June 26, 2020 |
| H.J.Res. 30 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights". | passed House 216–204 on February 28, 2023 passed Senate 50–46 on March 1, 2023 vetoed by Biden on March 20, 2023 override vote in House failed 219–200 on March 23, 2023 |
| H.J.Res. 27 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Army, Army Corps of Engineers, Department of Defense and the Environmental Protection Agency relating to "Revised Definition of 'Waters of the United States'". | passed House 227–198 on March 9, 2023 passed Senate 53–43 on March 29, 2023 vetoed by Biden on April 6, 2023 override vote in House failed 227–196 on April 18, 2023 |
| H.J.Res. 39 | 118th Congress | 2023 | Disapproving the rule submitted by the Department of Commerce relating to "Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414". | passed House 221–202 on April 28, 2023 passed Senate 56–41 on May 3, 2023 vetoed by Biden on May 16, 2023 override vote in House failed 214–205 on May 24, 2023 |
| H.J.Res. 45 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Waivers and Modifications of Federal Student Loans". | passed House 218–203 on May 24, 2023 passed Senate 52–46 on June 1, 2023 vetoed by Biden on June 7, 2023 override vote in House failed 221–206 on June 21, 2023 |
| S.J.Res. 11 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards". | passed Senate 50–49 on April 26, 2023 passed House 221–203 on May 23, 2023 vetoed by Biden on June 14, 2023 override vote in Senate failed 50–50 on June 21, 2023 |
| S.J.Res. 9 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment". | passed Senate 50–48 on May 3, 2023 passed House 221–206 on July 27, 2023 vetoed by Biden on September 26, 2023 override vote in Senate failed 47–46 on September 28, 2023 |
| S.J.Res. 24 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat". | passed Senate 51–49 on May 11, 2023 passed House 220–209 on July 27, 2023 vetoed by Biden on September 26, 2023 override vote in Senate failed 47–45 on September 28, 2023 |
| S.J.Res. 32 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to "Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)". | passed Senate 53–44 on October 18, 2023 passed House 221–202–1 on December 1, 2023 vetoed by Biden on December 19, 2023 override vote in Senate failed 54–45 on January 10, 2024 |
| S.J.Res. 38 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers". | passed Senate 50–48 on November 8, 2023 passed House 209–198 on January 11, 2024 vetoed by Biden on January 24, 2024 override vote in Senate failed 50–47 on February 29, 2024 |
| H.J.Res. 98 | 118th Congress | 2024 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to "Standard for Determining Joint Employer Status". | passed House 206–177 on January 12, 2024 passed Senate 50–48 on April 10, 2024 vetoed by Biden on May 6, 2024 override vote in House failed 214–191 on May 7, 2024 |
| H.J. Res. 109 | 118th Congress | 2024 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to "Staff Accounting Bulletin No. 121". | passed House 228–182 on May 8, 2024
passed Senate 60–38 on May 16, 2024 vetoed by Biden on May 31, 2024 override vote in House failed 228–184 on July 11, 2024 |
Passed by only one chamber
[edit]| Resolution | Congress | Year | Title | Actions |
|---|---|---|---|---|
| S.J.Res. 17 | 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 House |
| S.J.Res. 4 | 109th Congress | 2005 | Providing for congressional disapproval of the rule submitted by the Department of Agriculture under chapter 8 of title 5, United States Code, relating to risk zones for introduction of bovine spongiform encephalopathy | passed Senate 52–46 on March 3, 2005 not acted on by House |
| S.J.Res. 28 | 110th Congress | 2008 | Disapproving the rule submitted by the Federal Communications Commission with respect to broadcast media ownership | passed Senate by voice vote on May 15, 2008 not acted on by House |
| H.J.Res. 37 | 112th Congress | 2011 | Disapproving the rule submitted by the Federal Communications Commission with respect to regulating the Internet and broadband industry practices | passed House 240–179 on August 4, 2011 not acted on by Senate |
| H.J.Res. 118 | 112th Congress | 2012 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of Family Assistance of the Administration for Children and Families of the Department of Health and Human Services relating to waiver and expenditure authority under section 1115 of the Social Security Act (42 U.S.C. 1315) with respect to the Temporary Assistance for Needy Families program | passed House 250–164 on September 20, 2012 not acted on by Senate |
| S.J.Res. 28 | 114th Congress | 2016 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Secretary of Agriculture relating to inspection of fish of the order Siluriformes | passed Senate 55–43 on May 23, 2016 not acted on by House |
| H.J.Res. 36 | 115th Congress | 2017 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Bureau of Land Management relating to "Waste Prevention, Production Subject to Royalties, and Resource Conservation" | passed House 221–191 on February 3, 2017 motion to proceed not agreed to in Senate 49–51 on May 10, 2017 |
| S.J.Res. 52 | 115th Congress | 2018 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Restoring Internet Freedom" | passed Senate 52–47 on May 16, 2018 not acted on by House |
| S.J.Res. 64 | 115th Congress | 2018 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury relating to “Returns by Exempt Organizations and Returns by Certain Non-Exempt Organizations” | passed Senate 50–49 on December 12, 2018 not acted on by House |
| H.J.Res. 90 | 116th Congress | 2020 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Comptroller of the Currency relating to Community Reinvestment Act Regulations | passed House 230–179 on June 29, 2020 motion to proceed not agreed to in Senate 43–48 on October 19, 2020 |
| S.J.Res. 29 | 117th Congress | 2021 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "COVID-19 Vaccination and Testing; Emergency Temporary Standard" | passed Senate 52–48 on December 8, 2021 not acted on by House |
| S.J.Res. 32 | 117th Congress | 2022 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to "Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination" | passed Senate 49–44 on March 2, 2022 not acted on by House |
| S.J.Res. 37 | 117th Congress | 2022 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Centers for Disease Control and Prevention relating to "Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs" | passed Senate 57–40 on March 15, 2022 not acted on by House |
| S.J.Res. 39 | 117th Congress | 2022 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to "Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs" | passed Senate 55–41 on May 3, 2022 not acted on by House |
| S.J.Res. 55 | 117th Congress | 2022 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Council on Environmental Quality relating to "National Environmental Policy Act Implementing Regulations Revisions" | passed Senate 50–47 on August 4, 2022 not acted on by House |
| H.J.Res. 44 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives relating to "Factoring Criteria for Firearms with Attached 'Stabilizing Braces'". | passed House 219–210 on June 13, 2023 failed in Senate 49–50 on June 22, 2023 |
Did not pass either chamber
[edit]| Resolution | Congress | Year | Title | Actions |
|---|---|---|---|---|
| S.J.Res. 60 | 104th Congress | 1996 | To disapprove the rule submitted by the Health Care Financing Administration on August 30, 1996, relating to hospital reimbursement under the Medicare program | failed in Senate by unanimous consent on September 17, 1996 |
| S.J.Res. 20 | 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 |
| S.J.Res. 26 | 111th Congress | 2010 | Disapproving a rule submitted by the Environmental Protection Agency relating to the endangerment finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act | motion to proceed not agreed to in Senate 47–53 on June 10, 2010 |
| S.J.Res. 30 | 111th Congress | 2010 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Mediation Board relating to representation election procedures | motion to proceed not agreed to in Senate 43–56 on September 23, 2010 |
| S.J.Res. 39 | 111th Congress | 2010 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, 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 Senate 40–59 on September 29, 2010 |
| S.J.Res. 6 | 112th Congress | 2011 | Disapproving the rule submitted by the Federal Communications Commission with respect to regulating the Internet and broadband industry practices | motion to proceed not agreed to in Senate 46–52 on November 10, 2011 |
| S.J.Res. 27 | 112th Congress | 2011 | Disapproving a rule submitted by the Environmental Protection Agency relating to the mitigation by States of cross-border air pollution under the Clean Air Act | motion to proceed not agreed to in Senate 41–56 on November 10, 2011 |
| S.J.Res. 36 | 112th Congress | 2012 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation election procedures | motion to proceed not agreed to in Senate 45–54 on April 24, 2012 |
| S.J.Res. 37 | 112th Congress | 2012 | To disapprove a rule promulgated by the Administrator of the Environmental Protection Agency relating to emission standards for certain steam generating units | motion to proceed not agreed to in Senate 46–53 on June 20, 2012 |
| S.J.Res. 63 | 115th Congress | 2018 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Secretary of the Treasury, Secretary of Labor, and Secretary of Health and Human Services relating to "Short-Term, Limited Duration Insurance" | failed in Senate 50–50 on October 10, 2018 |
| S.J.Res. 50 | 116th Congress | 2019 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Internal Revenue Service, Department of the Treasury, relating to "Contributions in Exchange for State or Local Tax Credits" | failed in Senate 43–52 on October 23, 2019 |
| S.J.Res. 52 | 116th Congress | 2019 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Secretary of the Treasury and the Secretary of Health and Human Services relating to "State Relief and Empowerment Waivers" | failed in Senate 43–52 on October 30, 2019 |
| S.J.Res. 53 | 116th Congress | 2019 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations" | failed in Senate 41–53 on October 17, 2019 |
| S.J.Res. 41 | 117th Congress | 2022 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to "Ensuring Access to Equitable, Affordable, Client-Centered, Quality Family Planning Services". | motion to proceed not agreed to in Senate 49–49 on April 27, 2022 |
| S.J.Res. 46 | 117th Congress | 2022 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Justice and the Department of Homeland Security relating to "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers". | failed in Senate 46–48 on May 26, 2022 |
| S.J.Res. 60 | 117th Congress | 2022 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Final Priorities, Requirements, Definitions, and Selection Criteria-Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to State Entities (State Entity Grants); Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools (CMO Grants); and Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-Quality Charter Schools (Developer Grants)". | failed in Senate 49–49 on December 14, 2022 |
| S.J.Res. 10 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Veterans Affairs relating to "Reproductive Health Services". | motion to proceed not agreed to in Senate 48–51 on April 19, 2023 |
| S.J.Res. 42 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to "Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update". | failed in Senate 47–50 on October 26, 2023 |
| S.J.Res. 43 | 118th Congress | 2023 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program". | failed in Senate 49–50 on November 15, 2023 |
| S.J.Res. 57 | 118th Congress | 2024 | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury relating to "Coronavirus State and Local Fiscal Recovery Funds". | failed in Senate 46–49 on May 15, 2024 |
REINS Act would expand upon Congressional Review Act
[edit]In 2011, the U.S. House of Representatives passed the “Regulations from the Executive in Need of Scrutiny Act” (REINS Act).[21] Under this proposed Act, which did not become law, federal agencies would not be able to create any new regulation having a very large financial impact (e.g. more than $100 million), and instead the proposed regulation would go to Congress, and then (if approved by Congress) the president would sign it or veto it like any other new legislation.[21] Versions of the REINS Act were reintroduced in later congresses, and in 2017 advanced out of a Senate committee for the first time.[22]
References
[edit]- ^ "5 U.S. Code Chapter 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING". Legal Information Institute. Archived from the original on February 2, 2017. Retrieved February 12, 2017.
- ^ Subtitle E appeared within Title II of the Contract with America Advancement Act of 1996, and Title II may be cited as the Small Business Regulatory Enforcement Fairness Act of 1996. Pub. L. 104–121 (text) (PDF), Section 201.
- ^ "Archived copy" (PDF). Archived (PDF) from the original on 2017-05-25. Retrieved 2017-04-10.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ Rosenberg, Morton (May 2, 2008). Congressional Review of Agency Rulemaking: An Update and Assessment of The Congressional Review Act after a Decade (PDF) (Report). Washington, D.C.: Congressional Research Service. Archived from the original (PDF) on April 2, 2015.
- ^ Oleszek, Walter J. (2014). Congressional Procedures and the Policy Process (9th ed.). Thousand Oaks, California: SAGE/CQ Press.
- ^ Phillips, Amber (April 25, 2017). "Analysis | Why Republicans' 100-day war on Obama is about to end". The Washington Post. Archived from the original on April 25, 2017. Retrieved April 25, 2017.
- ^ a b Dudley, Cama (March 7, 2017). "CRAzy After All These Years: Extending the Reach of the Congressional Review Act". Forbes. Archived from the original on March 7, 2017. Retrieved March 7, 2017.
- ^ Jason Bellini (February 18, 2017). Trump's Tool for Undoing Obama-Era Regulations (Online Video). The Wall Street Journal. Event occurs at 1:26. Retrieved February 27, 2017.
But, if the legislative session ends before lawmakers have had sixty days, the [60-legislative-day] clock resets. So in reality, Congress is able to target over 180 Obama administration regulations issued since May [2016].
- ^ a b c "5 U.S. Code § 801 - Congressional review". Legal Information Institute. March 29, 1996. Archived from the original on February 21, 2017. Retrieved April 5, 2017.
- ^ a b Carey, Maeve P.; Dolan, Alissa M.; Davis, Christopher M. (November 17, 2016). "The Congressional Review Act: Frequently Asked Questions" (PDF). Congressional Research Service. p. 24. Archived (PDF) from the original on February 16, 2017. Retrieved February 12, 2017.
- ^ "The Mysteries of the Congressional Review Act" (PDF). Harvard Law Review. 122 (8). Cambridge, Massachusetts: Harvard School of Law: 2162. June 1, 2009. Archived from the original (PDF) on May 31, 2014.
- ^ Lambert, Lisa (May 16, 2017). "Democrats in U.S. Senate try to slow Republican deregulation". Reuters. Archived from the original on May 16, 2017. Retrieved May 17, 2017.
- ^ a b c d e Warmbrodt, Zachary (April 17, 2018). "GOP maneuver could roll back decades of regulation". Politico. Archived from the original on April 18, 2018. Retrieved April 18, 2018.
- ^ a b c Dudley, Susan E. (November 7, 2017). "Don't Write Off the Congressional Review Act Yet". Notice & Comment: A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice. Archived from the original on April 18, 2018. Retrieved April 18, 2018.
- ^ Stewart, Emily (April 17, 2018). "The GOP is about to scrap safeguards that stop auto lenders from discriminating based on race". Vox. Archived from the original on April 18, 2018. Retrieved April 18, 2018.
- ^ "Actions - S.J.Res.57 - 115th Congress (2017-2018): A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to "Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act". | Congress.gov". Library of Congress. Archived from the original on 2018-07-18. Retrieved 2018-07-18.
- ^ Lewis, Matt (April 7, 2017). "Don't Get Fooled, Trump Is Winning". The Daily Beast. Archived from the original on April 7, 2017. Retrieved April 8, 2017.
- ^ Greenhouse, Steven (March 8, 2001). "House Joins Senate in Repealing Rules on Workplace Injuries". The New York Times. Archived from the original on May 1, 2017. Retrieved May 3, 2017.
- ^ Lipton, Eric; Lee, Jasmine C. (May 2, 2017). "Which Obama-Era Rules Are Being Reversed in the Trump Era". The New York Times. Archived from the original on May 2, 2017. Retrieved May 3, 2017.
- ^ Shear, Michael (May 2, 2017). "Trump Discards Obama Legacy, One Rule at a Time". The New York Times. p. A1. Archived from the original on May 3, 2017. Retrieved May 3, 2017.
- ^ a b Sonmez, Felicia (December 7, 2011). "REINS bill to expand congressional power over executive regulations passed by House". The Washington Post. Retrieved October 10, 2013.
- ^ Boehm, Eric. “Rand Paul's REINS Act Finally Makes It to Senate Floor”, Reason (17 May 2017).
Further reading
[edit]- Richard S. Beth. The Congressional Review Act and Possible Consolidation into a Single Measure of Resolutions Disapproving Regulations. Washington, D.C.: Congressional Research Service, 2009.
- Maeve P. Carey. What Is the Effect of Enacting a Congressional Review Act Resolution of Disapproval? Washington, D.C.: Congressional Research Service, 2018.
- Daniel Cohen and Peter L. Strauss. "Congressional Review of Agency Regulations." Administrative Law Review. 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.
- The Mysteries of the Congressional Review Act. 122 Harvard Law Review 2162 (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.