Congressional Review Act

With the 119th Congress now assembled, Republicans control both the House and Senate, and will control the White House starting on January 20th.  If history is any guide, this change in party control of the White House, plus unified control of Congress by the president’s party, will pave the way for Republicans to deploy the Congressional Review Act (CRA) to overturn a number of regulations issued by the Biden Administration.  When President Trump first took office in 2017, congressional Republicans used the CRA to overturn more than a dozen rules promulgated by the Obama Administration.   Continue Reading Biden Administration Rulemakings at Risk for Congressional Review Act Cancellation in New Congress

With the 2024 election rapidly approaching, the Biden Administration must race to finalize proposed agency actions as early as mid-May to avoid facing possible nullification if the Republican Party controls both chambers of Congress and the White House next year. 

The Congressional Review Act (CRA) allows Congress to overturn rules

Continue Reading Congressional Review Act Threat Looms Over Biden Administration Rulemakings

Congress is currently considering a bill that if enacted would require “major rules” to receive approval from both the House of Representatives and the Senate before going into effect. The bill defines major rules using current standards—which, among other categories, cover rules that have or are likely to have an annual economic impact of $100 million or more—as well as a new standard covering rules issued under the Patient Protection and Affordable Care Act. The bill’s stated purpose is to “increase accountability for and transparency in the Federal regulatory process” in response to a perception that Congress has “excessively delegated” legislative power to executive agencies over time. The bill passed in the House of Representatives at the end of July, and a Senate version of the bill has already garnered support.
Continue Reading Bill Providing for Congressional Approval of Major Rules Passes House of Representatives