Congressional Review Act

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The Congressional Review Act (5 U.S.C. § 801-808), was enacted by the United States Congress as section 251 of the Contract with America Advancement Act of 1996 (Pub.L. 104–121), 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 government agencies and, by passage of a joint resolution, to overrule a regulation.[1]

For the regulation to be invalidated, the Congressional resolution of disapproval either must be signed by the President, or must be passed over the President's veto by two-thirds of both Houses of Congress.[2]

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.[3]

Procedure[edit]

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.[4] 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 other business are in order, and so the Senate may pass the joint resolution with a simple majority.[5]

Examples of joint resolutions[edit]

Joint resolutions of disapproval have included:

References[edit]

External links[edit]

Further reading[edit]